REGIONAL DISTRICT OF CENTRAL OKANAGAN PUBLIC HEARING AGENDA

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1 REGIONAL DISTRICT OF CENTRAL OKANAGAN PUBLIC HEARING AGENDA Monday, February 27, :00 p.m. Woodhaven Board Room 1450 K.L.O. Road, Kelowna, BC Pages 1. CALL TO ORDER This Special Meeting is being held for the purpose of considering the discharge of Land Use Contract No. 150, an amendment to the Ellison Official Community Plan Bylaw No and an amendment to the RDCO Zoning Bylaw No The Public Hearing was advertised pursuant to the Local Government Act as follows: The Capital News on Friday, February 17, 2017 and Wednesday, February 22, A Consultation Notice in accordance with the Local Government Act was advertised in the Capital News on Wednesday, January 25, In accordance with Development Applications Procedure Bylaw No. 944, a Notice of Application sign was also posted on the subject property. The role of the Regional Board is to hear representation from those persons who wish to provide comments regarding the proposed bylaws. 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. However, it is important that all who speak at this meeting restrict their remarks to matters contained in the bylaws and it is my responsibility as Chairperson of this meeting to ensure that all remarks are so restricted. Members of the Regional Board may, if they so wish ask questions of you following your presentation. However, 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 bylaws with individual citizens. 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 bylaws 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. Please clearly state your name and address when you are at the microphone before you begin your comments.

2 2. OWNER: B.C. Ltd. Inc. No APPLICANT: Regional District of Central Okanagan a) Land Use Contract No. 150 Received First Reading January 12, 2017 (Central Okanagan East Electoral Area) b) Ellison Official Community Plan Amendment Bylaw No Received First Reading January 12, 2017(Central Okanagan East Electoral Area) c) Zoning Amendment Bylaw No (Our file: Z16/01) Received First Reading January 12, 2017 (Central Okanagan East Electoral Area) To discharge Land Use Contract No. 150 from the subject property, to exempt the development from the Ellison Official Community Plan No Multiple Unit and Intensive Residential Development Permit Area, and to amend the RDCO Zoning Bylaw No. 871 to (RMP) Manufactured Home Park (amended) on Lot C, Plan 23162, Section 12, Township 23, ODYD located adjacent to Old Vernon Road. 3. TERMINATE & ADJOURN

3 Regional Board Report For the Public Hearing February 27, 2017 TO: FROM: Regional Board Ron Fralick Manager of Development Services DATE: February 17, 2017 SUBJECT: Land Use Contract Amendment Bylaw No Official Community Plan Amendment Bylaw No Zoning Amendment Bylaw No Application Z16/01 (Regional District of Central Okanagan) Lot C, Plan 23162, Sec. 12, Twp. 23, ODYD Old Vernon Road Purpose: To discharge Land Use Contract No. 150, exempt the existing development from the Official Community Plan s Multiple Unit and Intensive Residential Development Permit Area designation, and zone the subject property as RMP Manufactured Home Park (as amended). Executive Summary: In recognition that majority of the development provided for in Land Use Contract No. 150 has occurred, and as per requirements of the Local Government Act to discharge all Land Use Contracts, Regional District staff is moving forward with the bylaw amendments as a housekeeping matter. The property owner has been informed and consulted with and is in support of the proposed bylaw amendments. To date, no opposition has been received from affected agencies or neighbouring property owners regarding the application. Respectfully Submitted: Approved for Board s Consideration R. Fralick, MCIP, RPP Brian Reardon, CAO Manager of Development Services Prepared by: Janelle Taylor, Planner 1 1

4 Public Hearing Report (Z16/01) Page 2 Implications of Recommendation: Strategic Plan: Policy: Legal/Statutory Authority: Approval of the discharge and amendments meets the Strategic Priorities Plan, Strategic Priority #3: Nurture Responsible Growth and Development. Approval of the discharge and amendments complies with Ellison Official Community Plan Bylaw No Approval of the discharge and amendments complies with Local Government Act, Part 14, Division 16. Background: Current: The subject property is regulated under Land Use Contract No. 150 (attached), which was adopted in Under the LUC, the parcel is permitted up to 80 mobiles homes plus 1 owner s residential plot; the property currently has 76 mobile homes and 1 clubhouse. In accordance with the Ellison Official Community Plan Bylaw No. 1124, there are no natural environment or hazard Development Permit provisions that affect the parcel. The landowner has been informed and consulted with and is in support of the following proposed changes: Proposed Changes: The intent of the application is to remove the Land Use Contract and provide land use to the parcel that mirrors what has historically been permitted. 1. Land Use Contract Discharge Land Use Contracts (LUC) are land-use regulatory tools, like site-specific zoning bylaws, enacted under legislation established in the 1970 s. Properties located within LUCs are not governed by the Regional District s Zoning Bylaw No The Province of British Columbia has amended the Local Government Act so that LUCs in the Province will automatically be terminated on June 30, The Regional District proposes to discharge the LUCs and provide appropriate land use designations/zones well in advance of the termination deadline. Should this Community Services Department initiated application be successful, LUC No. 150 will be removed in its entirety from the subject property. 2. Official Community Plan Amendment Under Land Use Contracts, properties are not affected by form and character development permits; however, once the LUC is discharged the subject parcel will be affected by the form and character development permit provisions of the Ellison Official Community Plan Bylaw No Bylaw No identifies parcels with the RMP Manufactured Home Park zone subject to completion of a Multiple Unit and Intensive Residential Development Permit prior to construction of, addition to or alteration of a building or structure. The purpose of the Multiple Unit and Intensive Residential Development Permit Area is to establish objectives for the form and character of intensive residential and multi-family residential development. 2

5 Public Hearing Report (Z16/01) Page 3 While the subject parcel has been predominately developed, given the age of the existing mobile homes located on the site, older mobile homes are gradually being removed and replaced with new models. Due to the status of the development, and that building permits are required for the removal and replacement of the homes, Planning staff is recommending that the parcel be exempt from a future Multiple Unit and Intensive Residential Development Permit. 3. Zoning Bylaw Amendment Ellison Official Community Plan Bylaw No. 1124, Policy No Encourage any changes to land use proposed in areas covered by a Land Use Contract to be reviewed as a rezoning bylaw under Zoning Bylaw No. 871 rather than a Land Use Contract amendment. This is especially important where the existing Land Use Contract is difficult to interpret, or, the proposed change is more than a very minor amendment, or, where it is important to ensure that current standards and requirements apply to the proposal. Zoning Bylaw No. 871 has a current zone, RMP Manufactured Home Park, which is intended to accommodate manufactured home park developments with some associated uses. As there is no other parcel with the RMP zone within the RDCO, staff is proposing to amend the existing RMP zone to create a site-specific zone for the subject parcel with the intent that the zone regulations be equivalent to the density and uses permitted by the existing Land Use Contract. It is proposed that the subject property be zoned to RMP, as amended (see attached). It is noted that the subject property is located adjacent to a parcel within the ALR and zoned A1 Agricultural. Once zoned, Zoning Bylaw s Section 3.11 Setback and Buffering from ALR (attached) will apply at time of development as the RMP zone is considered a R zone. For example, Level 1 Buffer Requirements would become mandatory at time of a building permit (ie. replacing a modular home). Additional Information: Applicant: Regional District of Central Okanagan Owner: BC Ltd. Address: 3591 Old Vernon Road Legal: Lot C, Plan 23162, Sec. 12, Twp. 23, ODYD Lot Size: +/ ha (12 acres) Zoning: n/a (Land Use Contract No. 150) OCP Designation: Residential Existing Use: Mobile Home Park Sewage Disposal: Private Community Sewage System Water Supply: Black Mountain Irrigation District ALR: Outside of the ALR Fire Protection: Within the Ellison Fire Protection Area Surrounding Uses: North: Agricultural / Rural Residential South: Residential East: Residential West: Agricultural / Rural Residential 3

6 Public Hearing Report (Z16/01) Page 4 AGENCY REFERRALS (Presented at First Reading): RDCO Environmental Services & Parks Services staff notes that their interests are unaffected by the bylaw amendments. Agricultural Advisory Commission supports the application. Ministry of Agriculture advises that the proposed bylaw amendments should not impact the current use on adjacent agriculture parcels, and supports the Regional District requiring at time of building permit the mandatory buffering as outlined under Zoning Bylaw No. 871 s Section 3.11 Setback and Buffering from ALR. City of Kelowna staff indicates that there are no concerns, provided that the proposed zoning does not grant additional density over and above what the Land Use Contract provided. Fortis BC indicates that there are primary distribution facilities (electric) along Old Vernon Road. The applicant is responsible for costs associated with any change to the subject property's existing service, if any, as well as the provision of appropriate land rights where required. Otherwise, there are no concerns with this circulation. Ministry of Transportation & Infrastructure advises that there are no objections to the proposed bylaws. In addition, the subject property lies outside of 800m from a Controlled Access Highway and Ministry sign off is not required. Interior Health Authority has no concern or objection to the discharge of the LUC, OCP exemption or zoning to RMP of the subject property. IHA supports the intent of the application to provide zoning to the parcel that will reflect what has historically been permitted under the LUC without imposing new regulatory requirements on the owner. 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 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 Considerations Organizational Issues Attachment(s): Land Use Contract Amendment Bylaw No Official Community Plan Amendment Bylaw No Zoning Amendment Bylaw No Orthophoto & ALR Maps Zoning Bylaw No. 871, Section 3.11 Setback and Buffering from ALR Land Use Contract No

7 REGIONAL DISTRICT OF CENTRAL OKANAGAN LUC A Bylaw to amend Land Use Contract No. 150 Being a Bylaw of the Regional District to authorize the Regional District of Central Okanagan to enter into an Agreement amending an existing Land Use Contract. WHEREAS the Regional District of Central Okanagan pursuant to the Local Government Act may discharge a land use contract that is entered into and registered in a land title office subject to the terms and conditions therein set out; 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 Land Use Contract Amendment Bylaw No That Land Use Contract No. 150 is hereby discharged in its entirety from Lot C, Plan 23162, Section 12, Township 23, ODYD as shown on Schedule A attached to and forming part of this bylaw. 3. That the Regional District of Central Okanagan Zoning Bylaw map being Schedule B of the bylaw be AMENDED to depict the LUC Discharge. 4. That Regional District of Central Okanagan Land Use Contract Amendment Bylaw No comes into force on, pursuant to the Local Government Act, Part 14, Section 548. This bylaw may be cited as Land Use Contract Amendment Bylaw No READ A FIRST TIME this 12th January 2017 PUBLIC HEARING HELD PURSUANT TO THE LOCAL GOVERNMENT ACT this READ A SECOND TIME this READ A THIRD TIME this ADOPTED this Chairperson Director of Corporate Services LUC Page 1 of 2 5

8 I hereby certify the foregoing to be a true and correct copy of Bylaw No as read a third time by the Regional District of Central Okanagan the Dated at Kelowna, this Director of Corporate Services I hereby certify the foregoing to be a true and correct copy of Bylaw No which was Adopted by the Regional District of Central Okanagan on the Dated at Kelowna, this Director of Corporate Services H:\Planning\3360-Zoning\20-Applications\2016\Z16-01\Bylaw LUC docx LUC Page 2 of 2 6

9 SCHEDULE 'A' A pl pl pl A pl Bulman Rd Subject Property Old Vernon Rd 1 2 RC1 COM 46 PROP pl 4660 A1s pl A1 RMP COMMON PROPERTY COMMON K A1 PROPERTY 1 2 pl 5979 pl 5979 A pl B pl C pl pl A pl R pl Weston Rd Meters 1:4,000 pl A pl pl R1 R1 47 pl pl B pl pl pl p Daryl Rd pl Seratoga Rd Esquire Rd 5 Parkdale Cres R 9 I hereby certify this to be a true and correct copy of Schedule 'A' as described in Bylaw No. LUC and read a third time by the Regional District of Central Okanagan on the 7 Director of Corporate Services

10 REGIONAL DISTRICT OF CENTRAL OKANAGAN BYLAW NO A Bylaw to Amend Regional District of Central Okanagan Ellison Official Community Plan Bylaw 1124, 2006 WHEREAS the Regional Board of the Regional District of Central Okanagan is desirous of amending Ellison Official Community Plan Bylaw No 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 Ellison Official Community Plan Amendment Bylaw No That the Regional District of Central Okanagan Ellison Official Community Plan Bylaw No. 1124, 2006 is hereby AMENDED by ADDING a new subsection The construction of, addition to, or alteration of a building or structure takes place on Lot C, Section 12, Township 23, ODYD, Plan READ A FIRST TIME this 12th January 2017 PUBLIC HEARING HELD PURSUANT TO THE LOCAL GOVERNMENT ACT this READ A SECOND TIME this READ A THIRD TIME this ADOPTED this Chairperson Director of Corporate Services Bylaw No Page 1 of 2 8

11 I hereby certify the foregoing to be a true and correct copy of Ellison Official Community Plan Bylaw No as read a third time by the Regional District of Central Okanagan the Dated at Kelowna, this Director of Corporate Services I hereby certify the foregoing to be a true and correct copy of Ellison Official Community Plan Bylaw No which was Adopted by the Regional District of Central Okanagan on the Dated at Kelowna, this Director of Corporate Services H:\Planning\3360-Zoning\20-Applications\2016\Z16-01\Bylaws & Maps\Bylaw - OCP doc Bylaw No Page 2 of 2 9

12 REGIONAL DISTRICT OF CENTRAL OKANAGAN BYLAW NO 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, 2000 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 Regional District of Central Okanagan Zoning Amendment Bylaw No That the Regional District of Central Okanagan Zoning Bylaw No. 871, 2000 is hereby AMENDED by deleting Part 8.1 Manufactured Home Park (RMP) in its entirety and replaced as shown on Schedule C. 3. That the Regional District of Central Okanagan Zoning Bylaw No. 871, 2000 is hereby AMENDED by changing the zoning on Lot C, Plan 23162, Section 12, Township 23, ODYD as shown on Schedule A attached to and forming part of this bylaw to Manufactured Home Park (RMP). 4. That the Regional District of Central Okanagan Zoning Bylaw map being Schedule B of the bylaw be AMENDED to depict the change. 5. That Regional District of Central Okanagan Zoning Amendment Bylaw No comes into force on, pursuant to the Local Government Act, Part 14, Section 548. READ A FIRST TIME this 12th day January 2017 PUBLIC HEARING HELD PURSUANT TO THE LOCAL GOVERNMENT ACT this READ A SECOND TIME this READ A THIRD TIME this 10 Bylaw No Page 1 of 2

13 ADOPTED this Chairperson Director of Corporate Services I hereby certify the foregoing to be a true and correct copy of Zoning Bylaw No as read a third time by the Regional District of Central Okanagan the day of Dated at Kelowna, this Director of Corporate Services I hereby certify the foregoing to be a true and correct copy of Zoning Bylaw No which was Adopted by the Regional District of Central Okanagan on the Dated at Kelowna, this Director of Corporate Services H:\Planning\3360-Zoning\20-Applications\2016\Z16-01\Bylaws & Maps\Bylaw zoning doc 11 Bylaw No Page 2 of 2

14 SCHEDULE 'A' A pl pl l pl A pl Bulman Rd Proposed Manufactured Home Park (RMP) Old Vernon Rd 1 2 RC1 COM 46 PROP pl 4660 A1s pl A1 RMP COMMON PROPERTY COMMON K A1 PROPERTY 1 2 pl 5979 pl 5979 A pl B pl C pl pl A pl R pl Weston Rd Meters 1:4,000 pl A pl pl R1 R1 47 pl 30525pl B pl pl pl Daryl Rd p 46 4 pl Seratoga Rd Esquire Rd 5 Parkdale Cres R 9 I hereby certify this to be a true and correct copy of Schedule 'A' as described in Bylaw No and read a third time by the Regional District of Central Okanagan on the 12 Director of Corporate Services

15 SCHEDULE C REGIONAL DISTRICT OF CENTRAL OKANAGAN ZONING BYLAW # MANUFACTURED HOME PARK Purpose: To accommodate manufactured home park developments with some associated uses. RMP PERMITTED USES TABLE FOR RMP ZONE Permitted uses, buildings and structures:.1 Manufactured home park Additional permitted uses, buildings and structures: The following uses, buildings and structures are only permitted where a use listed in section exists on the parcel..1 Accessory buildings and structures; (see Section 3.17).2 Community and assembly halls;.3 Home based business, minor; (see Section 3.20).4 Neighbourhood recreation and storage. REGULATIONS TABLE FOR RMP ZONE Minimum parcel area Column 1 Column Maximum density 4.86 ha (12.0 acres) 80 dwelling units and 1 Community and assembly halls Minimum frontage of manufactured home park 40.0 m (131.2 ft.) Minimum distance between Manufactured 3.05 m (10.0 ft.) Homes Minimum front setback 4.5 m (14.8 ft.) Minimum side setback 7.62 m (25.0 ft.) Minimum rear setback 7.62 m (25.0 ft.) Minimum setbacks from A1 Zone 15.0 m (49.2 ft.)[see section 3.11] Maximum parcel coverage 50% of the parcel area Maximum building height:.1 Principal buildings and / or Community and assembly 5.0 m (16.4 ft.) halls.2 Accessory buildings and structures (see Section 3.17) 4.0 m (13.1 ft.) PART 8 Manufactured Home Housing

16 ORTHOPHOTO. Old Vernon Rd Subject Property Meters 1:2,000 File: Z16/01 Drawn by: Jm Date: Jan. 04, 2016 Lot C, Plan 23162, Sec. 12. Twp. 23, ODYD 14

17 ALR MAP A pl pl pl A pl Bulman Rd Subject Property Old Vernon Rd 1 2 RC1 COM 46 PROP pl 4660 A1s pl A1 RMP COMMON PROPERTY COMMON K A1 PROPERTY 1 2 pl 5979 pl 5979 A pl B pl C pl pl A pl R pl Weston Rd Meters 1:4,000 pl A pl pl R1 R1 47 pl pl B pl pl pl p Daryl Rd pl Seratoga Rd Esquire Rd 5 Parkdale Cres R 9 File: Z16/01 Date: Jan. 04, Drawn by: Jm Lot C, Plan 23162, Sec. 12. Twp. 23, ODYD

18 3.11 Setback and Buffering from ALR Standard Setback Bylaw The required minimum setback of the principal building from land in the A1 zone or Agricultural Land Reserve is 15.0 m (49.2 ft.) as set out in the regulations table for each zone, except where provisions of Section 23 (1) of the Agricultural Land Commission Act apply, the applicable setback for the zone applies. Reduced Setback in RU and R zones 2. In an RU and R zone, the required setback of the principal building from the A1 zone or ALR is reduced to 9.0 m (29.5 ft.) if a level 1 buffer is provided and maintained. Level 1 Buffer Requirements 3. When required, a level 1 buffer shall be provided and maintained in an R zone in the following location: a) along the parcel line adjacent to the A1 zone or ALR boundary, and b) along a parcel line located across a lane from the A1 zone or ALR boundary. 4. When required, a level 1 buffer shall be provided and maintained in an RU zone in the following location: a) Along the parcel line adjacent to the A1 zone or ALR boundary, where the parcel line is located within 16.0 m (52.5 ft.) of any part of the principal building, as shown in Figure 3.1, and b) Along the parcel line located across a lane from the A1 zone or ALR boundary, where the parcel line is located within 16.0 m (52.5 ft.) of any part of the principal building. 16

19 Figure 3.1 Buffer in RU zone LAND IN THE AGRICULTURAL LAND RESERVE OR A1 ZONE 16.0 m BUFFER REQUIRED 16.0 m 9.0 m HIGHWAY 5. A level 1 buffer shall be 3.0 m (9.8 ft.) wide and consist of a) a solid screen at least 2.0 m (6.6 ft.) high located along the parcel line adjacent to land in the A1 zone or ALR, and b) a continuous screening evergreen hedge with plants at less than 1.0 m (3.3 ft.) on centre, and c) trees at least 2.0 m (6.6 ft.) high, with a trunk diameter of at least 5.0 cm (2.0 in.) measured 15.0 cm (6.0 in.) above the ground, planted at less than 5.0 m (16.4 ft.) on centre, as illustrated in Figure 3.2 below 17

20 Figure 3.2 Level 1 Buffer 18

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