REGIONAL DISTRICT OF CENTRAL OKANAGANPUBLIC HEARING AGENDA

 

 

Monday, July 25, 20167:00 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 amendments to theRDCO Zoning Bylaw No. 871.

The Public Hearing was advertised as follows:

·       The Capital News on Friday, July 15, 2016, and Wednesday, July 20, 2016 (pursuant to theLocal Government Act)

·       The Vernon Morning Star on Friday, July 15, 2016 and Wednesday, July 20, 2016(pursuant to the Local Government Act)

In accordance with Development Applications Procedure Bylaw No. 944, a “Notice ofApplication” sign was also posted on each of 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 after thePublic Hearing is terminated.

2. Zoning Amendment Bylaw No. 871-223 (Our File: Z15/07) 1 - 139

i.      OWNER:          Forest House Preserve Ltd.

ii.      AGENT:            B. Brandle

       Zoning Amendment Bylaw No. 871-233 (Our file: Z15/07)

       Received First Reading May 30, 2016 (Central Okanagan West Electoral Area)

iii.          To amend the RDCO Zoning Bylaw No. 871 Permitted Uses Table for the RU2Rural 2 zone, Section 6.2.1 by ADDING a new subsection “6.2.1.19 on Lot 1, District Lot2197, ODYD, Plan 22569: a maximum of 8 dwelling units” located adjacent to WestsideRoad

3. Zoning Amendment Bylaw No. 871-236 (Our File: Z16/03) 140 - 150

i.      OWNER:          Tolko Industries Ltd.

ii.      AGENT:           Kent Macpherson

        Zoning Amendment Bylaw No. 871-236 (Our file: Z16/03)

        Received First Reading May 30, 2016 (Central Okanagan West Electoral Area) 

iii.          To amend the RDCO Zoning Bylaw No. 871 from I3 Timber Processingand Manufacturing to RU2 Rural 2 on Parcel A (DD 138112F and Plan B6471) of DistrictLot 2926, ODYD located adjacent to Westside Road

4. TERMINATE & ADJOURN THE PUBLIC HEARING

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TO: Regional Board FROM: Ron Fralick Manager of Planning DATE: July 18, 2016 SUBJECT: Zoning Amendment Bylaw No. 871-233 Application Z15/07 (Forest House Preserve Ltd. c/o B. Brandle) Lot 1, Plan 22569, District Lot 2197, ODYD - 9185N Westside Road Voting Entitlement: Custom Vote – Electoral Areas Only – 1 Director, 1 Vote

Purpose: To amend the Permitted Uses Table for the RU2 Rural 2 zone, Section 6.2.1 by

adding a new subsection 6.2.1.19 - On Lot 1, Plan 22569, District Lot 2197, ODYD: a maximum of 8 dwelling units”.

Executive Summary:

The subject property has historically been divided into eight shared waterfront sites; however, under current zoning, RU2 Rural 2, only one single detached house and one accessory home are permitted. The proponent has substantiated the historic use of the site by providing an overview of the long-standing use of the property, which includes a copy of a Letter of Intent dated June 12, 1973. This application is similar to other approved site-specific bylaws. To date, two letters of support and one letter of opposition have been received regarding the application.

Respectfully Submitted:

R. Fralick, MCIP, RPP Manager of Planning Prepared by: Janelle Taylor, Planner 1

Regional Board Report For the Public Hearing July 25, 2016

Approved for Board’s Consideration

Brian Reardon, CAO

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Regional Board Report (Z15/07) Page 2

Implications of Recommendation: Strategic Plan: Approval of the zoning amendment meets the 2015-2018 Strategic Priorities Plan,

Strategic Priority #3: Nurture Responsible Growth and Development. Policy: Approval of the zoning change complies with:

Regional Growth Strategy Bylaw No. 1336, Policy No. 3.2.1.3: The protection of the rural areas that offer a rural lifestyle choice.

Rural Westside Official Community Plan Bylaw No. 1274 policies.

Background:

Project description: The parcel is owned by an incorporated company, Forest House Preserve Ltd., which was formed in 1973. Upon formation of the company, a Letter of Intent was created (attached) which outlined that the subject parcel was to be used for eight waterfront share sites and a large upland share site. There is a desire for all eight waterfront share sites, as set out in the Letter of Intent, to be developed with one dwelling unit each; the remaining upland portion of the property would remain undeveloped. Currently, there are seven existing dwelling units located on the subject parcel. Under current zoning, one single detached house and one accessory home are permitted on the parcel; the additional dwellings currently located on the parcel are considered legally non-conforming. As per the Local Government Act, s. 532, should the legally non-conforming buildings be damaged or destroyed to the extent of 75% or more, they must not be repaired or reconstructed except for a use conforming in accordance with the Zoning Bylaw. In addition, no structural alteration or addition may be made to the non-conforming buildings. These regulations severely restrict the future use of the legal non-conforming dwellings (ie. should these dwellings be damaged or destroyed, the additional residential uses will no longer be permitted to continue). The intent of this application is to permit the seven existing dwelling units located on the subject parcel to continue as a legal conforming use, in addition to allow the eighth share site to convert an accessory building to a dwelling unit. The applicants have provided a detailed application package, which includes a chronology of historic use on the property from 1914 to 1973 and current status of structures and recent improvements, water licences, dock licences and sewage system. This application is similar to other site-specific bylaws for seasonal and/or permanent residential use approved by the Regional Board, such as Ewings Estates and Muirallen Estates located in the North Westside area adjacent to Okanagan Lake (Files: Z02/15, Z04/21 & Z09/01). In particular, at time of considering Z09/01 the subject parcel was comprised of 12 historical share sites with 10 existing structures; the Regional Board approved 12 dwelling units on the parcel (including recognition of the two vacant share sites). In keeping with a similar RDCO rezoning application currently in progress (File: Z14/06 – Aljac Holdings Ltd.), the applicants have indicated that they are prepared to register a covenant on

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Regional Board Report (Z15/07) Page 3

title restricting the gross floor area and footprint of each dwelling unit. The covenant would ensure that no dwelling unit could be greater in gross floor area or footprint than the largest existing structure on the property. Rural Westside Official Community Plan Bylaw No. 1274: Residential Section, Policy No. 11: Encourages more flexible zoning techniques or tools for development projects which are comprehensive in terms of mixing residential and other compatible uses, open space and preservation of environmentally sensitive areas. Septic System: The applicants have submitted two sewage system assessments completed by DeansTech Consulting Ltd.

The October 8, 2015, report concludes that the subject parcel “has enough area to support the operating field and reserve area for the existing development which includes the six cabins, one home and RV pad. Based on our observations, it is our opinion that the present dispersal field is functioning as the design intended . . . The sewage system meets the setbacks to a water body as well as all other setback requirements.”

The October 9, 2015, report reviewed the existing sewage system’s capability to handle the proposed change on Shared Site No. 8 “from an RV pad to a one bedroom cottage.” The report indicates that “the dispersal field is in good operating condition and is capable of treating and dispersing effluent from the existing development including the [Shared Site No. 8] one bedroom cottage.”

Domestic Water Supply: The parcel has received Provincial approval for all eight water licences. Site Context: The property is located within the North Westside Road Fire Protection Area. In the event that there is any future land disturbance or construction, the owners will be required to address the Wildfire Interface, Hillside, Sensitive Terrestrial Ecosystem and Aquatic Development Permit Area provisions of the Rural Westside Official Community Plan Bylaw No. 1274 through the Development Permit process. Additional Information: Owner/Applicant: Forest House Preserve Ltd. Agent: Bryon Brandle Address: 9185N Westside Road Legal: Lot 1, Plan 22569, District Lot 2197, ODYD Lot Size: +/- 5.97 ha (14.75 acres) Zoning: RU2 Rural 2 OCP: Residential – Low Density Existing Use: Eight camping sites/cottages & approx. 10 acres vacant land Sewage Disposal: Communal Sewage System (circa 2008) Water Supply: Okanagan Lake (8 Water Licences) ALR: Not within the ALR Fire Protection: North Westside Road Fire Protection Area Surrounding Uses: North: Rural Residential South: Rural Residential / Provincial Unconstructed Road ROW

East: Okanagan Lake West: Westside Road / Vacant Rural Residential

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Regional Board Report (Z15/07) Page 4

AGENCY REFERRALS (Presented at First Reading): Environmental Services and Parks Services staff indicates that their interests are unaffected by the application. Environmental / Land Use Planner indicates that the applicant has been in contact with the RDCO regarding the proposed work to install the eight water lines, and has obtained the services of Qualified Environmental Professionals (QEPs) to review the proposed installation. Staff further notes that: • Should there be any future development on the property, development will need to abide by

the regulations of the day. • Any future land disturbance or construction on the property will require a Development

Permit. New development will be required to be located a minimum of 15m from the high water mark of Okanagan Lake.

• The application for water licenses required that Environmental Management Plans be prepared by a Qualified Environmental Professional. Should First Reading be granted, it is recommended that post development reports on construction of the waterlines be prepared by a QEP and submitted to RDCO prior to fourth reading in order to confirm that the waterlines were installed as outlined in the Environmental Management Plans.

Environmental Advisory Commission supports the application with the condition that a covenant be registered on title to ensure that any future development will not encroach closer to Okanagan Lake than 15m or where building footprints already exist. It is recommended that if future development is proposed, the property owners are encouraged to restore the riparian area. Central Okanagan West Advisory Planning Commission supports the application as presented. Okanagan Indian Band has no concerns. District of Peachland Council supports the application, and advises that the District’s interests are unaffected by the proposed zoning bylaw amendment. City of Kelowna staff advises that the City has no concerns with the proposed text amendment. Interior Health Authority indicates that the applicant has provided a report from Deans Tech Consulting Ltd. confirming the existing onsite sewerage system serving the subject property is adequate for its current and future intended use. The report also confirms that suitable sites exist on the property for a replacement sewerage system should the existing system fail and require replacement. Regarding domestic water supply the applicant intends to service each dwelling on the subject property with its own separate individual water supply system and no shared water systems are proposed. The information provided satisfies this office’s requirements regarding water supply and sewerage dispersal and subsequently IHA has no concern or objection to the proposed amendment.

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Regional Board Report (Z15/07) Page 5

Ministry of Transportation and Infrastructure has granted Preliminary Approval for the application for one year pursuant to s. 52(3)(a) of the Transportation Act, subject to the landowners applying for and receiving a Permit to Construct, Use and Maintain Access to a Controlled Access Highway. Subsequent to the Ministry’s comments, the applicant has been granted a Permit to Construct, Use and Maintain Access to a Controlled Access Highway (No. 2015-06386), and the Ministry advises that this condition for rezoning is satisfied. Ministry of Forests, Lands and Natural Resource Operations (MFLNRO) (Ecosystems Section) has indicated that they have no comment. Ministry of Community, Sport and Cultural Development has 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 Cable has no objection to the application. Updates: Site Plan Clarification At time of considering first reading, the Board inquired about the dotted line on the August 28, 2015, Site Plan. The agent has provided the following clarification: In late 2007, there was an internal realignment of the property boundaries. Share Lot 8 was made smaller and Share lot 7 was to be made larger. For tax purposes, the owners of Share Lot 7 wanted a portion of the property being added to their lot to be put in the name of a consulting company that they owned, so a new class of shares were created to reflect this notional new lot (Class I Shares). As any subdivision under the District's current bylaws was not possible, the Company Articles linked the Class H and New Class I shares so that one lot cannot be sold without the other, effectively being one lot. No sewer, power or any other services were provided to the notional lot. Accordingly, the survey plan reflects the two areas as Share Lot 7 so as to be consistent with the historical documentation that exists. Domestic Water Supply At time of considering first reading, one of the eight water licences was pending Provincial approval. Subsequently, the final water licence was approved on June 30, 2016 (Licence No. C133251). Public Hearing Requirement: Covenant As noted at time of first reading, the covenant would ensure that no dwelling unit could be greater in gross floor area or footprint than the largest existing structure on the property. Regional District staff worked collaboratively with the agent and the owner’s legal representative to draft the covenant. The covenant restricts each dwelling unit’s footprint to 2510 square feet and total maximum square footage to 3636 square feet; this is in keeping with RDCO’s Building Permit No. 7121/15 for Share Lot 8. In addition, the draft covenant also incorporates a 15m non-disturbance area from Okanagan Lake, which reflects the information outlined in the Qualified Environmental Professionals’ reports (completed in conjunction with the installation of water lines to supply domestic water).

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Regional Board Report (Z15/07) Page 6

This streamside protection and enhancement area is in keeping with recommendation from the Environmental Advisory Commission.

External Implications:

In accordance with Development Applications Procedures Bylaw No. 944, two Notice of Application signs have been posted on the subject property. Subsequent to the Public Hearing notification process, up to and including the date of this report, two letters of support have been received from neighbouring property owners or residents. In addition, a Director of Forest House Preserve Ltd., Mr. Frank Estergaard, has submitted a package which outlines his opinion of the facts and seeks to oppose the current application as he is in favour of greater density. In response, the owner’s lawyer has provided a letter dated April 29, 2016, clarifying that Forest House Preserve Ltd. is of the opinion that the Application is accurate and complete with no factual errors or omissions, and requests that the Regional Board consider the proposal to permit a maximum of eight dwelling units on the parcel. 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 amendment. Considerations not applicable to this report:

Legal/Statutory Authority

Financial Considerations

Organizational Issues

Alternative Recommendation Attachment(s): Bylaw No. 871-233 Orthophoto Share Sites Plan & Site Plan - August 28, 2015 Historical Background – October 29, 2015 Letter of Intent - June 12, 1973 Letter of Clarification – April 29, 2016 Letters of Support and Opposition

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Bylaw No.871-233

Page 1 of 2

REGIONAL DISTRICT OF CENTRAL OKANAGAN

BYLAW NO. 871-233

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. 871-233. 2. That the Regional District of Central Okanagan Zoning Bylaw No. 871, 2000 is

hereby AMENDED by changing the Permitted Uses Table for the RU2 Rural 2 Zone, Section 6.2.1 by ADDING a new subsection “6.2.1.19 on Lot 1, District Lot 2197, ODYD, Plan 22569: a maximum of 8 dwelling units”.

READ A FIRST TIME this 30th day of May 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

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Bylaw No.871-233

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. 871-233 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 Zoning Bylaw No. 871-233 which

was Adopted by the Regional District of Central Okanagan on the day of

Dated at Kelowna, this day of

Director of Corporate Services

H:\Planning\3360-Zoning\20-Applications\2015\Z15-07\Bylaw and Maps\Bylaw 871-233.docx

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SCHEDULE 'A'

I hereby certify this to be a true and correct copy of Schedule 'A' as described inBylaw No. 871-233 and read a third time by the Regional District of Central Okanaganon the day of , 2016.

Director of Corporate Services

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0 80 16040 Meters

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Okanagan Lake

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ORTHOPHOTO

File: Z15/07 Drawn by: kyDate: November 4, 2015 Lot 1, Pl. 22569, DL 2197. ODYD

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TO: Regional Board FROM: Ron Fralick Manager of Planning DATE: July 18, 2016 SUBJECT: Zoning Amendment Bylaw No. 871-236 Application Z16/03 (Tolko Industries Ltd. c/o Kent-Macpherson) Parcel A (DD 138112F and Plan B6471), District Lot 2926, ODYD - Westside Rd Voting Entitlement: Custom Vote – Electoral Areas, Kelowna and West Kelowna Fringe Areas – 1

Director, 1 Vote

Purpose: To amend the zoning on the subject property from I3 Timber Processing and

Manufacturing to RU2 Rural 2.

Executive Summary:

The applicant intends to zone the parcel to be in keeping with the Official Community Plan’s future land use designation, Large Holding. To date, no opposition has been received from affected agencies or neighbouring property owners regarding the application.

Respectfully Submitted:

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

Approved for Board’s Consideration

Brian Reardon, CAO

Regional Board Report For the Public Hearing July 25, 2016

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Regional Board Report (Z16/03) Page 2

Implications of Recommendation:

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

Policy: Approval of the zoning amendment complies with:

Regional Growth Strategy Bylaw No. 1336, Goal 3.2.1: To manage the land base effectively to protect natural resources and limit urban sprawl.

Rural Westside Official Community Plan Bylaw No. 1274 policies.

Background:

Project description: The parcel was previously used for timber-related purposes; however, has been vacant since 2012. To aid in a possible future sale of the parcel, the applicant would like to rezone the property to allow for rural residential use. Rural Westside Official Community Plan Bylaw No. 1274: Chapter 5: Agriculture and Large Holdings notes that “the rural landscape forms a significant back drop to the character of the North Westside plan area. The agricultural and large holdings designations (e.g. RU-ALR, RU1 and RU2 zones) reinforce the rural character”. Future Land Use Map 8b supports the proposal as the subject property is designated as “Large Holding”. In accordance with the OCP, a rural residential use for the subject parcel is a better fit with the surrounding area than the current industrial use zone. Site Context: The property is located outside of a Fire Protection Area. It is anticipated that at time of development the property will be serviced by a septic system and either a well or water intake from Okanagan Lake. In accordance with the Rural Westside Official Community Plan Bylaw No. 1274, the Aquatic Ecosystems, Sensitive Terrestrial Ecosystem, Hillside and Wildfire Interface Development Permit provisions affect the parcel. Under the RU2 Rural 2 zone (attached), the parcel size of 8.73 ha lends itself to future subdivision; however, a subsequent application with the Ministry of Transportation and Infrastructure would be required. Additional Information: Owner: Tolko Industries Ltd. Agent: Kent-Macpherson Address: Westside Road Legal: Parcel A (DD 138112F and Plan B6471) of District Lot 2926,

ODYD Lot Size: +/- 8.73 ha (21.57 acres) Zoning: I3 Timber Processing and Manufacturing OCP Designation: Large Holding Existing Use: Vacant; structures associated with the I3 Zone Sewage Disposal: Septic system (future) Water Supply: Well or Okanagan Lake (future) ALR: Outside of the ALR Fire Protection: Not within a Fire Protection Area Surrounding Uses: North: Vacant South: Traders Cove Regional Park East: Okanagan Lake West: Westside Road / Rural Residential

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Regional Board Report (Z16/03) Page 3

AGENCY REFERRALS (Presented at First Reading): RDCO Environmental Section staff indicates that their interests are unaffected by the application. RDCO Environmental/Land Use Planner indicates that Development Permit (DP) provisions apply. Prior to any land development within a DP Area, including land clearing and dumping of fill, an Environmental Assessment must be conducted and a DP applied for and received from the RDCO. All buildings or structures of an industrial nature should be removed prior to adoption; a Building Permit, DP or Provincial permits may be required. BC Hydro advises that they have overhead works in this area which are affected. A registered Right-of-Way Agreement will be required for existing BC Hydro equipment located on the subject property. RDCO Parks Services staff has the following comments:

Parks Services continues to work in conjunction with BC Hydro on the existing overhead electrical service through Traders Cove Regional Park, which currently services the subject property to the north. Additional referral comments from Parks Services will be forthcoming.

Installation of 1.2 m high black vinyl chain link fencing is required along the entire north boundary of Traders Cove Regional Park and the subject property.

Parks Services has concerns about the proximity of the access road adjacent to the north park boundary and impacts from vehicle traffic and road dust to Traders Cove Regional Park.

City of West Kelowna and City of Kelowna staff advises that their interests are unaffected by the bylaw amendment. Interior Health Authority (Healthy Built Environment) advises that their interests are unaffected by the bylaw amendment. Ministry of Forests, Lands and Natural Resource Operations (Resource Management) notes that the general area has the potential to provide habitat for a variety of species. Several important habitat features are noted from the application submission, including shore-spawning kokanee habitat along the southern portion of the shoreline. There also appears to be an ephemeral creek bisecting the property. Prior to ground disturbance, it is suggested that an assessment of environmental values occur, and that mitigation options are proposed as necessary.

Shaw indicates that their interests are unaffected subject to owner/developer installing a conduit system to allow for the installation of Shaw services. Shaw would need to lateral down the pole, subject to BC Hydro approval. AGENCY REFERRALS (Subsequent to First Reading): Ministry of Transportation and Infrastructure has granted preliminary approval for the rezoning for one year pursuant to section 52(3)(a) of the Transportation Act. Given that Westside Road is a Controlled Access Highway, MOTI staff advises the applicant that it is anticipated future proposed changes to the existing access (ie. a second access) will not be supported. Shaw has advised that the installation of Shaw services is not a rezoning requirement; instead this work may take place at time of building permit. BC Hydro continues to require a Right-of-Way for all BC Hydro works located on the subject property.

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Regional Board Report (Z16/03) Page 4

Public Hearing Requirements: Regional District Parks Services Staff Comments Parks Services has been in discussion with BC Hydro about the primary main electrical service line running through Traders Cove Regional Park and beyond to the Tolko Industries property, (Parcel A (DD 138122F and Plan KAP6471B), DL 2926, ODYD). This BC Hydro electrical line currently provides electrical service to the Tolko Industries property to the north of the regional park. For the interim, until such time as redevelopment of the Tolko Industries property takes place, RDCO Parks Services is agreeable to leaving the existing primary main electrical service line in place as is within Traders Cove Regional Park. However, RDCO Parks Services will not grant a statutory right-of-way to BC Hydro for the main electrical service line through Traders Cove Regional Park to the Tolko Industries property. When the Tolko Industries property undergoes future redevelopment (ie. at time of building permit or subdivision), the existing BC Hydro primary main electrical service line to the Tolko Industries property will need to be relocated from Traders Cove Regional Park and onto the Tolko Industries property. Environmental Advisory Commission Comments The Commission acknowledges that the Official Community Plan supports the application; however, notes that the parcel would be a prime addition to the adjacent Traders Cove Regional Park. In addition, this is a high value area for big horn sheep; prior to selling the land to a private owner, the Commission encourages the agent or owner to contact conservation organizations to see if they have an interest in purchasing the land. Subsequent to the Commission’s comments, the agent has commenced discussions with the Central Okanagan Land Trust (COLT) to gauge their interest and financial ability to purchase the parcel. Central Okanagan West Advisory Planning Commission Comments The Commission supports the application.

External Implications:

In accordance with Development Applications Procedures Bylaw No. 944, a Notice of Application sign has been posted on the subject property. Subsequent to the Public Hearing notification process, up to and including the date of this report, no letters of support or opposition have 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 amendment. Considerations not applicable to this report:

Financial

Organizational

Alternative Recommendations Attachment(s): Bylaw No. 871-236 Orthophoto Map Zoning Bylaw No. 871, RU2 Rural 2

145

Bylaw No.871-236

Page 1 of 2

REGIONAL DISTRICT OF CENTRAL OKANAGAN

BYLAW NO. 871-236

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. 871-236. 2. That the Regional District of Central Okanagan Zoning Bylaw No. 871, 2000 is

hereby AMENDED by changing the zoning on Parcel A (DD 138112F and Plan B6471) of District Lot 2926, ODYD as shown on Schedule ‘A’ attached to and forming part of this bylaw from I3 Timber Processing and Manufacturing to RU2 Rural 2.

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 30th day of May 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

146

Bylaw No.871-236

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. 871-236 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 Zoning Bylaw No. 871-236 which

was Adopted by the Regional District of Central Okanagan on the day of

Dated at Kelowna, this day of

Director of Corporate Services

H:\Planning\3360-Zoning\20-Applications\2016\Z16-03\Maps & Bylaws\Bylaw 871-236.docx

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pl 16492

(R OAD PLAN)

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SCHEDULE 'A'

I hereby certify this to be a true and correct copy of Schedule 'A' as described inBylaw No. 871-236 and read a third time by the Regional District of Central Okanaganon the day of

Director of Corporate Services

.0 80 16040 m

1:5, 000

Proposed RU2

Okanagan Lake

148

Wes

tside

Rd

ORTHOPHOTO

File: Z16/03 Drawn by: FG

Date: May. 2, 2016 Parcel A (DD 138112F and Plan B6471) of DL 2926, ODYD

.0 80 16040 m

1:3, 000

Subject Property

Okanagan Lake

149

REGIONAL DISTRICT OF CENTRAL OKANAGAN ZONING BYLAW #871

PART 6 Rural Land Uses 6-2

���� ��������Purpose: to accommodate rural residential, agricultural, home industry, and limited resource management uses on parcels of land that are 4 hectares or greater and located outside the Land Reserve.

��������

��� ������ ����������������

6.2.1 Permitted uses, buildings and structures: .1 ���������� including ����� ����������; .2 ���� ������ ����; .3 �������� ���� (Section 3.18) .4 %��� and ������

.5 ��� ���� ������, major; (Section 3.21)

.6 �� �� �������� ������������; (Section 3.23)

.7 Portable saw mill and portable shake mill;

.8 Kennels, Service (permitted only on 4 ha. or la�ger)*

.9 Kennels, Hobby (permitted on properties under 4 ��)*

*(Check with RDCO Dog Control Bylaw) .10 Veterinary clinic; �11 �������� �������� and ���������;

(Section 3.17)

.12 Greenhouses; (Section 3.17)

.13 &���� ������� ����!�� ��� ���� �����

������������� ������������ ���� � ������ may include a recreational vehicle only to

accommodate the household of an agricultural working or caretaker. (Section 3.25);

.16 On part of that part of District Lot 2550 (shown on Plan B4357), ODYD, except Plan 24545, the following additional use is permitted: 12 seasonal residential dwelling units.

.17 "����� "������� #�������� $�������� (Section 3.31).

����� ����� ����������������

Column 1 Column 2

6.2.2 Minimum ����������� 4.0 ha (9.88 acres)

6.2.3 Minimum ������ ������ 30.0 m (98.4 ft.)

6.2.4 Minimum ��� ������ 6.0 m (19.7 ft.)

6.2.5 Minimum ��� ������ 3.0 m (9.8 ft.)

6.2.6 Minimum ���� ��� ������ 4.5 m (14.8 ft.)

6.2.7 Minimum ���� ������ 3.0 m (9.8 ft.)

6.2.8 Minimum ������ from the ������ line for: .1 ����� ����������

.2 �������� housing animals overnight (other than

����� ����������)

.3 ��� 4. greenhouses

100.0 m (328.1 ft.) 30.0 m (98.4 ft.) 15.0 m (49.2 ft.) 15.0 m (49.2 ft.)

6.2.9 Minimum ��� and ����� ������ for ������� with ������s greater than 9.0 m and located on

������ adjacent to an � or �����

����� of the ������� minus 6.0 m [e.g. 12.0 m – 6.0 m = 6.0 m setback]

6.2.10 Minimum ������ from A1 ��� 15.0 m (49.2 ft.) [see section 3.11]

6.2.11 Maximum �������������� 10% of the ����� ���

6.2.12 Maximum number of ���������������� � 1 per ����� and �������� ���(s) where permitted under this Bylaw

6.2.13 Maximum ������� ������: .1 #������� ��������

.2 �������� �������� and ��������� (see Section 3.17)

12.0 m (39.4 ft.) 8.0 m (26.2 ft.)

Bylaw 871-194

Bylaw 871-211

Bylaw 871-125

Bylaw 871-25

Bylaw 871-222

Bylaw 871-51 & 871-211

Bylaw 871-196

150