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okanagan lake directory, waterfront vacation rentals, local businesses, shopping, vernon, kelowna, westbank, westside, winfield, kaleden, oyama, peachland, penticton, summerland, naramata

LaCasa Lakeside Cottage Resort/Yacht Club

plus

LaCasa Cantina Store and Restaurant

Comment Form

LAST UPDATE December 18, 2015

Click on your refresh button in the top menu, to be sure you see any updates.

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La Casa store is open winter 2014 - 2015

Sign posted out front winter of 2014-2015
click sign for a larger copy

For more information phone La Casa store at 250-542-0515

Or for more info click here

http://www.zocalos.ca/

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For more information about La Casa and the transfer station click on the La Casa Strata Owners website and read their strata board minutes.  Loads of interesting reading material here, lawsuits and all.  This website no longer works and you need to log in to view it so don't bother clicking if you are not a La Casa owner.

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Azura Management (Kelowna) Corp. v. The Owners, Strata Plan KAS 2428, 2010 BCCA 474 (CanLII) — 2010-10-28
Court of Appeal — British Columbia

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.pdf icon October 26, 2015 Highlights of the Regional District of Central Okanagan Regular Board Meeting

Nothing was mentioned in the Highlights about Item 6.2 Frontcounter BC Referral Application Crown Land Purchase

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.mp3 file icon - click here for help with audio October 26, 2015 audio of entire RDCO Board meeting - .mp3 (385 MB)

Click this Windows Media Audio icon for help with audio files October 26, 2015 audio of RDCO Board meeting only about Item 6.2 Frontcounter BC Referral Application Crown Land Purchase (LaCasa) - .wma (320 KB)

.pdf icon October 26, 2015 Regional District of Central Okanagan Regular Board Meeting Agenda

.pdf icon Item 6.2 Frontcounter BC Referral Application Crown Land Purchase

*Note* Below is only a snippet, please click links above for entire content. 

Item 6.2 Frontcounter BC Referral Application Crown Land Purchase
Purpose:
To consider a FrontCounter BC referral application to permit the purchase of three Crown land parcels (Term: indefinite).
Executive Summary:
The applicant proposes to purchase three parcels of Crown land currently under tenure. The purchase of the Crown land parcels is of great concern to a number of agencies and RDCO staff as La Casa development users have been accessing the adjacent Fintry Provincial Park and Protected Area with ATVs; La Casa has not proven stewardship of the adjacent environmentally sensitive lands.
RECOMMENDATION:
THAT FrontCounter referral application to permit the purchase of three Crown land parcels (Blocks B, C & D) adjacent to the La Casa resort development, south of Fintry (CL-15-10) for the Owners of Strata Plan KAS2428 (La Casa) not be supported.

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.mp3 file icon - click here for help with audio October 26, 2015 audio of entire RDCO Board meeting - .mp3 (385 MB)

Click this Windows Media Audio icon for help with audio files October 26, 2015 audio of RDCO Board meeting only about Item 6.2 Frontcounter BC Referral Application Crown Land Purchase (LaCasa) - .wma (320 KB)

.pdf icon October 26, 2015 Regional District of Central Okanagan Regular Board Meeting Minutes

6. COMMUNITY SERVICES

Planning

6.2 Report regarding a FrontCounter BC referral application to purchase three parcels of land currently under tenure for private driveway, utility corridor, waste transfer site, and park purposes on Crown land in the vicinity of La Casa Lakeside Cottage Resort (CL-15-10) Central Okanagan West Electoral Area WITHDRAWN from the agenda

3. ADOPTION OF THE AGENDA

BAKER/BASRAN
THAT the agenda be adopted as amended.

CARRIED Unanimously

================

6.2 Report regarding a FrontCounter BC referral application to purchase three parcels of land currently under tenure for private driveway, utility corridor, waste transfer site, and park purposes on Crown land in the vicinity of La Casa Lakeside Cottage Resort (CL-15-10) Central Okanagan West Electoral Area (All Directors - Unweighted Vote)

WITHDRAWN FROM THE AGENDA AT THE REQUEST OF LA CASA STRATA

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.mp3 file icon - click here for help with audio October 26, 2015 audio of entire RDCO Board meeting - .mp3 (385 MB)

Click this Windows Media Audio icon for help with audio files October 26, 2015 audio of RDCO Board meeting only about Item 6.2 Frontcounter BC Referral Application Crown Land Purchase (LaCasa) - .wma (320 KB)

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.pdf icon June 27, 2011 Highlights of the Regional District of Central Okanagan Regular Board Meeting

There was nothing mentioned in the highlights about Item 9.6 Development Variance Permit Application (VP-11-06) for a cantilever deck.

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.mp3 file icon - click here for help with audio June 27, 2011 audio of entire RDCO Board meeting - .mp3 (208 MB)

Click this Windows Media Audio icon for help with audio files June 27, 2011 audio of RDCO Board meeting only about Item 9.6 Development Variance Permit Application (VP-11-06) cantilever deck - .wma (1.76 MB)

.pdf icon June 27, 2011 Regional District of Central Okanagan Regular Board Meeting Agenda

.pdf icon Item 9.6 Development Variance Permit Application (VP-11-06).pdf

*Note:  This is only a snippet, click link above for all 8 pages.

Agenda No: 9.6
Mtg. Date: June 27, 2011

REGIONAL DISTRICT of CENTRAL OKANAGAN DEVELOPMENT SERVICES DEPARTMENT REPORT

For the Regional Board June 27, 2011
TO: Chair & Members of the Regional Board
FROM: Ron Fralick, Manager of Current Planning
DATE: June 21,2011

SUBJECT: Development Variance Permit (Application VP-11-06) (D. Manning & V. Jones - owners/Azura Management (Kelowna) Corp. - agent)

LOCATION: Adjacent to Santa Fe Way within La Casa Lakeside Resort (Central Okanagan West Electoral Area)

LEGAL: Lot 277, Plan KAS2428, DL 3849, ODYD

RECOMMENDATION:
THAT the Regional Board approves Development Variance Permit application VP-11-06 to vary the required rear yard setback from 2.0m (6.56 ft), as approved under Development Permit DP04-15, to 0.0635m (0.208 ft) to permit a cantilevered deck attached to a resort cabin.

PURPOSE:
To consider allowing a reduction of the required rear yard setback from 2.0m (6.56 ft) to .0635m (0.208 ft) to permit a cantilevered deck attached to a resort cabin.

POLICY:
There is no Board policy that applies to the variance application.

Don't forget to click the link for the entire contents.

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.mp3 file icon - click here for help with audio June 27, 2011 audio of entire RDCO Board meeting - .mp3 (208 MB)

Click this Windows Media Audio icon for help with audio files June 27, 2011 audio of RDCO Board meeting only about Item 9.6 Development Variance Permit Application (VP-11-06) cantilever deck - .wma (1.76 MB)

.pdf icon June 27, 2011 Regional District of Central Okanagan Regular Board Meeting Minutes

9.6 Development Variance Permit Application for Dallas Manning and Valerie Jones (owners) located at 7103 Sante Fe Way (La Casa Lakeside Resort). (VP-11-06) Central Okanagan West Electoral Area (Electoral Areas, West Kelowna Fringe Area, Kelowna Fringe Area)

Staff report dated June 21, 2011 outlined the variance permit application to allow a reduction of the required rear yard setback from 2.0 m to .0635m to permit a cantilevered deck attached to a resort cabin.

Staff reviewed the background and rationale for the application:
• Adjoining land to the east is common property (green space) of La Casa Lakeside Resort and the aquatic environment adjacent to Okanagan Lake therefore no residential buildings can be constructed in these areas;
• With exception of SL 276 to the southeast, no other tourist cabin strata lots are adjacent to the property therefore viewscapes should not be impacted;
• The Board approved similar variances for cantilevered decks regarding two strata lots located upslope near the west boundary of La Casa Lakeside Resort;
• The proponents have been working with RDCO staff to address the environmental Development Permit provisions of Rural Westside OCP Bylaw No. 1274 in conjunction with Building Permit #6496/11;
• The variance is supported by the Advisory Planning Commission and there have been no objections from any agencies or from neighbouring property owners.

Chair Hobson asked if there was anyone in the gallery who deemed their property to be affected by the variance. There was no-one.

EDGSON/OPHUS
THAT the Regional Board approves Development Variance Permit application VP-1106 to vary the required rear yard setback from 2.0m (6.56 ft), as approved under Development Permit DP-04-15, to 0.0635m (0.208 ft) to permit a cantilevered deck attached to a resort cabin.

CARRIED

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.mp3 file icon - click here for help with audio June 27, 2011 audio of entire RDCO Board meeting - .mp3 (208 MB)

Click this Windows Media Audio icon for help with audio files June 27, 2011 audio of RDCO Board meeting only about Item 9.6 Development Variance Permit Application (VP-11-06) cantilever deck - .wma (1.76 MB)

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Westside Road upgrades en route
By Staff Writer - Vernon Morning Star - April 27, 2011

Roads will be upgraded as part of a water infrastructure project in the North Westside Road area.

The Central Okanagan Regional District board has approved a transfer of $400,000 from the gas tax community works fund.

“The money will be used to recycle asphalt along roadways during construction of the new water system for the Upper Fintry, Shalal Road and Valley of the Sun subdivisions,” said Bruce Smith, communications co-ordinator.

“By recycling road surface asphalt, greenhouse gas emissions will be reduced, fewer aggregates will likely be needed and air quality will be improved as there will be less need for dust suppression chemicals.”

Funds will also be used for water quality control works.

“Construction on the new water system is expected to begin this spring,” said Smith.

The board also endorsed a funding application for eligible costs associated with integrating the new water system and the existing Fintry water utility, pending transfer of the private utility to CORD.

“Integration of the systems would help to reduce greenhouse gas emissions, improve water quality and see an efficient use of infrastructure and staff resources,” said Smith.

In other North Westside news, directors have adopted official community plan and rezoning bylaws for the strata at La Casa Lakeside Resort.

Strata owners applied for the rezoning to allow for the development of an outdoor swimming pool, a workshop and to recognize an existing outdoor storage yard.

The structures are on a 1.47-hectare parcel adjacent to Terazona Drive that is included in a 30-year Crown lease.

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.pdf icon April 18, 2011 Highlights of the Regional District of Central Okanagan Regular Board Meeting

La Casa Lakeside Resort Rezoning Approved

The Regional Board has adopted Official Community Plan and Rezoning bylaws for the strata at La Casa Lakeside Resort. Strata owners applied for the rezoning to allow development of an outdoor swimming pool, a workshop and recognize an existing outdoor storage yard on a 1.47-hectare parcel adjacent to Terazona Drive that is included in a 30-year Crown lease.

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.mp3 file icon - click here for help with audio April 18, 2011 audio of entire RDCO Board meeting .mp3 (200 MB)

Click this Windows Media Audio icon for help with audio files April 18, 2011 audio of RDCO Board meeting only about La Casa Strata rezoning park to resort - .wma (381 KB)

.pdf icon April 18, 2011 Regional District of Central Okanagan Regular Board Meeting Agenda

.pdf icon Item 9.11 RuralWestsideOCP Bylaw 1274-01 Adopt.pdf

*Note* This is only a snippett of the 8 pages, click link above for entire contents

Agenda No: 9.11 i) ii)
Meeting Date: April 18, 2011

DEVELOPMENT SERVICES DEPARTMENT REPORT For the Regional Board April 18, 2011

TO: Chair & Members of the Regional Board
FROM: Margaret Bakelaar, Environmental/Land Use Planner
DATE: April 12, 2011
SUBJECT: Official Community Plan Amendment Bylaw No. 1274-01 & Zoning Amendment Bylaw No. 871-208 (Application Z1 0/03) (The Owners Strata Plan KAS2428 - lease holder/Brian Wills - agent)
LOCATION: Adjacent to Terazona Drive (Central Okanagan West Electoral Area)
LEGAL: District Lot 5266, and Block B, Plan KAP67076, District Lot 3542 all of ODYD

RECOMMENDATION:
1. THAT OCP Amendment Bylaw No. 1274-01, application Z10103 be reconsidered and adopted.
2. AND FURTHER THAT Zoning Amendment Bylaw No. 871-208, application Z10103 be reconsidered and adopted.

PURPOSE:
To amend the land use designation of the Rural Westside Official Community Plan from Parks and Recreation to Commercial Resort and to extend the existing Development Permit Area to regulate the siting, form, character and landscaping of Resort Commercial Areas to the subject site.

Also, to amend the zoning on the property from RU1 Rural 1 and P1 Park and Open Space to C5 Campground, Cabin and Motel Commercial and amend the Permitted Uses Table for the C5 Campground, Cabin and Motel. Commercial zone, Section 11.5 by adding a new subsection 11.5.1.1.5 - On DL 5266, and Block B, Plan KAP67076, DL 3542 all of ODYD, only the following site specific uses are permitted: swimming pool; outdoor storage yard, recreational vehicle storage yard, and maintenance workshop/storage building (NOTE: section 11.5.1.2 does not apply). In accordance with the bylaw amendments, the applicants propose to develop an outdoor swimming pool and workshop and to recognize an existing outdoor storage yard.

.pdf icon Consolidated Zoning Bylaw No. 871.pdf

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.mp3 file icon - click here for help with audio April 18, 2011 audio of entire RDCO Board meeting .mp3 (200 MB)

Click this Windows Media Audio icon for help with audio files April 18, 2011 audio of RDCO Board meeting only about La Casa Strata rezoning park to resort - .wma (381 KB)

.pdf icon April 18, 2011 Regional District of Central Okanagan Regular Board Meeting Minutes

9.11 i) Rural Westside Official Community Plan Amendment Bylaw No. 127401 for The Owners Strata Plan KAS2428 (applicant) to amend the land use designation from Parks and Recreation to Commercial Resort (Z10/03) Central Okanagan West Electoral Area (All Directors)

EDGSON/FINDLATER
THAT Rural Westside Official Community Plan Amendment Bylaw No. 1274-01 be adopted this 18th day of April 2011.

CARRIED

ii) Zoning Amendment Bylaw No. 871-208 for the above for The Owners Strata Plan KAS2428 (applicant) to amend the zoning from P1 Park and Open Space and RU 1 Rural 1 to C5 Campground, Cabin and Motel Commercial. (Z10/03) Central Okanagan West Electoral Area (Electoral Areas, West Kelowna Fringe Area, Kelowna Fringe Area)

EDGSON/FINDLATER
THAT Zoning Amendment Bylaw No. 871-208 be adopted this 18th day of April 2011.

CARRIED

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.mp3 file icon - click here for help with audio April 18, 2011 audio of entire RDCO Board meeting .mp3 (200 MB)

Click this Windows Media Audio icon for help with audio files April 18, 2011 audio of RDCO Board meeting only about La Casa Strata rezoning park to resort - .wma (381 KB)

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.pdf icon April 18, 2011 Highlights of the Regional District of Central Okanagan Regular Board Meeting

Strata Moorage Referral Application

The Regional Board does not support a Front Counter BC Referral Application from La Casa Lakeside Resort Strata Corporation. The strata owners have applied for a 30-year License of Occupation that would allow development of a new fixed, raised dock structure that would be in addition to an existing marina and six-slip boat amenity. The Regional Board has also asked that a number of conditions be met including a preference for upgrading the existing facility, development of a long term moorage plan and consolidation in one area and that a comprehensive Environmental Assessment be completed to address cumulative effects, water quality concerns and restoration options.

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.mp3 file icon - click here for help with audio April 18, 2011 audio of entire RDCO Board meeting - .mp3 (200 MB)

Click this Windows Media Audio icon for help with audio files April 18, 2011 audio of RDCO Board meeting only about La Casa dock - .wma (4.44 MB)

Click this Windows Media Audio icon for help with audio files April 18, 2011 audio of RDCO Board meeting only about La Casa dock - carried - .wma (372 KB)

.pdf icon April 18, 2011 Regional District of Central Okanagan Regular Board Meeting Agenda

.pdf icon Item 9.5 ReferralApp-LicofOccup-Dock La Casa.pdf

*Note* This is only a snippett, click link for entire 14 pages

Agenda No: 9.5
Meeting Date: April 18, 2011

DEVELOPMENT SERVICES DEPARTMENT REPORT For the Regional Board April 18, 2011

TO: Chair & Members of the Regional Board
FROM: Margaret Bakelaar, Environmental/Land Use Planner
DATE: April 13, 2011
SUBJECT: Front Counter BC Referral Application - License of Occupation (up to 30 year term) for the purpose of developing strata moorage fronting the strata's common property. (Our File: CL-10-10) (Reference File: 3402129)
LOCATION: Adjacent to Westside Road and Okanagan Lake (La Casa Lakeside Resort) (Central Okanagan East Electoral Area)
LEGAL: That part of District Lot 2202 together with all that unsurveyed Crown foreshore being part of the bed of Okanagan Lake and fronting on Strata Plan KAS2428, District Lots 3849 and 3850, ODYD

RECOMMENDATION:
1. THAT Front Counter BC Referral Application CL-10-10 for a License of Occupation for the purpose of developing moorage fronting the strata's common property not be supported.

click link above for entire 14 pages

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.mp3 file icon - click here for help with audio April 18, 2011 audio of entire RDCO Board meeting - .mp3 (200 MB)

Click this Windows Media Audio icon for help with audio files April 18, 2011 audio of RDCO Board meeting only about La Casa dock - .wma (4.44 MB)

Click this Windows Media Audio icon for help with audio files April 18, 2011 audio of RDCO Board meeting only about La Casa dock - carried - .wma (372 KB)

.pdf icon April 18, 2011 Regional District of Central Okanagan Regular Board Meeting Minutes

9.5 Referral Application - FrontCounter BC: for a License of Occupation for a dock located adjacent to Westside Road (La Casa Lakeside Resort). (CL10-10) Central Okanagan West Electoral Area (All Directors)

Staff report dated April 13, 2011 outlined the Crown land referral application to consider granting a License of Occupation (up to 30 years) for the purpose of developing moorage fronting the La Casa Lakeside Resort's common property.

Staff reviewed the application and the rationale for non-support including agency referrals. It was noted the Environmental Advisory Commission did not support the application. The Ministry of Forests, Lands and Natural Resource Operations does not support the structure where it is proposed. IHA does not support the location proposed. The proposed dock location is in a kokanee spawning area.

The applicant's agent was in attendance and did not object to staff's recommendation. There was no comment for Board consideration.

BAKER/OPHUS
THAT FrontCounter BC Referral Application CL-1 0-1 0 for a License of Occupation for the purpose of developing moorage fronting the strata's common property not be supported.

AND FURTHER THAT:
• Upgrades to the existing facility occur instead of a new moorage structure as per Ministry of Forests, Lands and Natural Resource Operations comments.
• The proponent develop a long term plan for docking facilitates to address known deficiencies with the existing marina and to concentrate moorage facilities in one location prior to any approvals being considered.
• A more comprehensive Environmental Assessment be completed by a Qualified Environmental Professional (RPBio) to address cumulative and residual effects, restoration options and water quality concerns.
• The applicant complete a source protection plan that addresses future moorage as per Interior Health comments.
• If any proposed dock construction requires work in the adjacent 30m riparian area (i.e. dock access, parking, road upgrades, landscaping) a strata moorage license of occupation should be withheld until the applicant is either exempt from or first
obtains the required development permit from RDCO.
• Any proposed fixed dock structure design should take into account the method of accessing the boats (such as a ladder) for loading and unloading with safety matters being addressed.

AND FURTHER THAT the Development Services department report dated April 13, 2011 be forwarded to FrontCounter BC for their information and consideration.

CARRIED

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.mp3 file icon - click here for help with audio April 18, 2011 audio of entire RDCO Board meeting - .mp3 (200 MB)

Click this Windows Media Audio icon for help with audio files April 18, 2011 audio of RDCO Board meeting only about La Casa dock - .wma (4.44 MB)

Click this Windows Media Audio icon for help with audio files April 18, 2011 audio of RDCO Board meeting only about La Casa dock - carried - .wma (372 KB)

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.pdf icon April 7, 2011 Highlights of the Regional District of Central Okanagan Special Board Meeting

Zoning Contravention Letter

The Regional Board has directed staff to send a letter to the strata and property owners of La Casa Lakeside Cottage Resort outlining contraventions to the Regional District Zoning Bylaw No. 871. The main concern is that some property owners are living year-round at the resort which is presently zoned C5 Campground, Cabin and Motel Commercial. That zoning is not for residential purposes and is designed for short-term occupancy of less than one month.

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.mp3 file icon - click here for help with audio April 7, 2011 audio of entire RDCO Board meeting - .mp3 (128 MB)

Click this Windows Media Audio icon for help with audio files April 7, 2011 audio of RDCO Board meeting only about La Casa zoning violation about full-time residences  - .wma ( 7.21 MB)

.pdf icon April 7, 2011 Regional District of Central Okanagan Special Board Meeting Agenda

.pdf icon  Item 5.1 Zoning Contraventions.pdf

*Note: This is only a snippet, click link for entire contents.

Agenda No: 5.1
Mtg Date: Apr 7, 2011

REGIONAL DISTRICT of CENTRAL OKANAGAN Regional Board Report

TO: Regional Board
FROM: Rhoda Mueller, Chief Bylaw Enforcement Officer
DATE: March 30, 2011
SUBJECT: Zoning contraventions at La Casa Lakeside Cottage Resort, KAS2428

RECOMMENDATION:
That the Regional Board direct staff to deliver the attached letter to all 499 property owners of La Casa Lakeside Cottage Resort, Kelowna, BC, to cease offending Section 11.5 of the Regional District of Central Okanagan Zoning Bylaw #871, C5, Campground, Cabin and Motel Commercial Zoning.

PURPOSE:
In discussions with the Regional Board, staff were to prepare a draft letter to individual property owners of La Casa Lakeside Cottage Resort outlining the current occupancy regulations in Zoning Bylaw No. 871 and prepare a report on the various options that would be available to the la Casa residents in regards to compliance of Zoning Bylaw No. 871, and that the report and draft letter be brought forward to a public meeting of the Board for further direction.

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.mp3 file icon - click here for help with audio April 7, 2011 audio of entire RDCO Board meeting - .mp3 (128 MB)

Click this Windows Media Audio icon for help with audio files April 7, 2011 audio of RDCO Board meeting only about La Casa zoning violation about full-time residences  - .wma ( 7.21 MB)

.pdf icon April 7, 2011 Regional District of Central Okanagan Special Board Meeting Minutes

5. DEVELOPMENT SERVICES

Planning

5.1 Zoning contraventions at La Casa Lakeside Cottage Resort, KAS2428 (All Directors -Unweighted Vote)

Staff report dated March 30, 2011 outlined the bylaw enforcement issue at La Casa Lakeside Cottage Resort in regards to complaints received alleging that some owners of La Casa are using their cabins or campsites as their permanent residence which is in contravention of RDCO Zoning Bylaw No. 871. Staff provided a draft a letter for Board consideration.

In discussion, it was highlighted that the Resort would have to apply to the Regional District should they wish to ask for a zoning amendment. Staff noted that most lots in the subdivision would not fit the current R1 zoning regulations.

Staff reviewed the process for bylaw enforcement when a complaint is received-fine or court, depending upon the complexities of the case.

By consensus it was agreed to the following edits:
Fourth paragraph change the word "may" to 'will" to read: "Where the essential elements of the contravention can be proven and witnesses are prepared to testify, the owners or occupants will be fined, or proceedings will be initiated by the RDCO for, prosecution in court".

Sixth paragraph remove the first sentence--"The only option available to change the current zoning bylaw is a site specific zoning amendment".

EDGSON/OPHUS
THAT the Regional Board direct staff to deliver the revised letter to the 499 property owners of La Casa Lakeside Cottage Resort, Kelowna, BC to cease offending Section 11.5 of the Regional District of Central Okanagan Zoning Bylaw No. 871, C5,
Campground, Cabin and Motel Commercial Zoning.

CARRIED

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.mp3 file icon - click here for help with audio April 7, 2011 audio of entire RDCO Board meeting - .mp3 (128 MB)

Click this Windows Media Audio icon for help with audio files April 7, 2011 audio of RDCO Board meeting only about La Casa zoning violation about full-time residences  - .wma ( 7.21 MB)

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This is a map where La Casa (6808 Westside Road North) is located along Westside Road.  La Casa is located approx. 2 km's south (Kelowna side) of Fintry Provincial Park.

Map of where La Casa is located along Westside Road BC... about 2 km's south of Fintry Provincial Park.
click for larger image

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Feb 25, 2011 - Vernon Morning Star Article about La Casa rezoning bylaw for a pool and hot tub.


click to read larger article

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PUBLIC HEARING FOR LA CASA POOL, HOT TUB, PARKING & STORAGE YARD

A Public Hearing has been scheduled for Monday, Feb 21, 2011 at 7:00 pm prior to the regular meeting of the Regional Board in the Woodhaven Board Room at the RDCO office, 1450 KLO Road into the following application:

Official Community Plan Amendment Bylaw No. 1274-01 & Zoning Amendment Bylaw No. 871-208 (Application Z10/03)

Applicant: The Owners Strata Plan KAS2428

To amend the land use designation of the Rural Westside Official Community Plan on the property from Parks and Recreation to Commercial Resort; and
To amend the zoning on the property from RU1 Rural 1 and P1 Park and Open Space to C5 Campground, Cabin and Motel Commercial
(received first reading January 24, 2011)

No representation will be received by the Regional Board after the conclusion of the Public Hearing

.pdf icon - You need Adobe Reader to view these type of files February 21, 2011 Highlights of the Regional District of Central Okanagan Regular Board Meeting

Rezoning at La Casa Lakeside Resort

The Regional Board has given second and third readings to proposed Official Community Plan and Rezoning bylaws for the strata at La Casa Lakeside Resort. The application would allow development of an outdoor swimming pool, a workshop and
recognize an existing outdoor storage yard on a 1.47- hectare parcel adjacent to Terazona Drive that is included in a 30-year Crown lease.

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.mp3 file icon - click here for help with audio February 21, 2011 audio of entire La Casa Rezoning Public Hearing .mp3 (26 MB)

.mp3 file icon - click here for help with audio February 21, 2011 audio of entire RDCO Board meeting .mp3 (150 MB)

Click this Windows Media Audio icon for help with audio files February 21, 2011 audio of Public Hearing only about La Casa Pool / Hot Tub - .wma (26 MB)

Click this Windows Media Audio icon for help with audio files February 21, 2011 audio of RDCO Board meeting only about La Casa Pool / Hot Tub - .wma (419 KB)

.pdf icon February 21, 2011 Regional District of Central Okanagan Regular Board Meeting Agenda

.pdf icon Item 9.7 Rural Westside Official Community Plan Amendment Bylaw No. 1274-01 and Zoning Amendment Bylaw No. 871-208.pdf

*Note* Below is only a snippett of the entire 8 pages, please click link above for entire contents

Bylaws: (Second and Third Reading) (Unweighted Vote)

9.7 i) Rural Westside Official Community Plan Amendment Bylaw No. 1274-01 for The Owners Strata Plan KAS2428 (applicant) to amend the land use designation from Parks and Recreations to Commercial Resort (Z10/03) Central Okanagan West Electoral Area (All Directors)

ii) Zoning Amendment Bylaw No. 871-208 for the above for The Owners Strata Plan KAS2428 (applicant) to amend the zoning from RU1 Rural 1 to C5 Campground, Cabin and Motel Commercial. (Z10/03) Central Okanagan West Electoral Area (Electoral Areas, West Kelowna Fringe Area, Kelowna Fringe Area).

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Agenda No: 9.7 i), ii)
Mtg Date: February 21,2011

DEVELOPMENT SERVICES DEPARTMENT REPORT For the Board 'February 21, 2011

TO: Chair & Members of the Regional Board
FROM: Margaret Bakelaar, Environmental/Land Use Planner
DATE: February 16, 2011
SUBJECT: Official Community Plan Amendment Bylaw No. 1274-01 & Zoning Amendment Bylaw No. 871-208 (Application Z10/03)
(The Owners Strata Plan KAS2428 - lease holder/Brian Wills - agent)
LOCATION: Adjacent to Terazona Drive (Central Okanagan West Electoral Area)
LEGAL: . District Lot 5266, and Block B, Plan KAP67076, District Lot 3542 all of ODYD

RECOMMENDATION:
1. THAT should the Board grant further readings to OCP Amendment Bylaw No. 1274-01 and Zoning Amendment Bylaw No. 871-208, that consideration of fourth and final readings be withheld pending the following;

  • Receipt of OCP amendment bylaw and Zoning amendment bylaw approval from the Ministry of Community, Sport and Cultural Development;

  • Receipt of formal bylaw approval from the Ministry of Transportation and Infrastructure;

  • Receipt of an application for a Development Permit for Form and Character in accord with the Resort Commercial Development Permit Area provisions in the Rural Westside OCP to address siting, design, landscaping, and servicing issues.

PURPOSE:
To amend the land use designation of the Rural Westside Official Community Plan from Parks and Recreation to Commercial Resort and to extend the existing Development Permit Area to regulate the siting, form, character and landscaping of Resort Commercial Areas to the subject site.

Also, to amend the zoning on the property from RU1 Rural 1 and P1 Park and Open Space to C5 Campground, Cabin and Motel Commercial and amend the Permitted Uses Table for the C5 Campground, Cabin and Motel Commercial zone, Section 11.5 by adding a new subsection

11.5.1.1.5 - On DL 5266, and Block B, Plan KAP67076, DL 3542 all of ODYD, only the following site specific uses are permitted: swimming pool; outdoor storage yard, recreational vehicle storage yard, and maintenance workshop/storage building (NOTE: section 11.5.1.2 does not apply). In accordance with the bylaw amendments, the applicants propose to develop an outdoor swimming pool and workshop and to recognize an existing outdoor storage yard.

BACKGROUND:
Official Community Plan Amendment Bylaw No. 1274-01 & Zoning Amendment Bylaw No. 871208 (Application Z10/03) was given first reading on January 24, 2011 and a Public Hearing was held on February 21, 2011 prior to the regular Board meeting.

PLANNING STAFF COMMENTS:
The subject property is located within 800 metres of Westside Road which is a Controlled Access Highway. In accord with the Transportation Act formal bylaw approval from the Ministry of Transportation and Infrastructure is required following third reading of the application.

There are a number of matters that would need to be addressed prior to development occurring including:

  • A building permit would be required for both the workshop and the pool and would need to comply with all provisions of Zoning Bylaw No. 871 ;

  • Confirmation that the proposed development is located outside of the Hillside and Terrestrial Ecosystem Development Permit (DP) Areas or application for a DP;

  • Obtain an exemption for a Wildfire Interface DP or application for a DP; and

  • Apply for and receive a Form and Character DP in accord with the Resort Commercial Development Permit Area provisions in the Rural Westside OCP to address siting, design, landscaping, and servicing issues.

Development Services staff would ensure that technical matters raised through consideration of the application and at the public hearing will be addressed at the time of development and building permit application.

Should the Board grant further readings to the amending bylaws, Development Services staff recommends that consideration of fourth and final readings be withheld as per the Recommendation at the beginning of the report.

Respectfully submitted,

Margaret Bakelaar
Environmental/Land Use Planner

Dan Plamondon, Director of Development Services

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.mp3 file icon - click here for help with audio February 21, 2011 audio of entire La Casa Rezoning Public Hearing .mp3 (26 MB)

.mp3 file icon - click here for help with audio February 21, 2011 audio of entire RDCO Board meeting .mp3 (150 MB)

Click this Windows Media Audio icon for help with audio files February 21, 2011 audio of Public Hearing only about La Casa Pool / Hot Tub - .wma (26 MB)

Click this Windows Media Audio icon for help with audio files February 21, 2011 audio of RDCO Board meeting only about La Casa Pool / Hot Tub - .wma (419 KB)

.pdf icon - You need Adobe Reader to view these type of files February 21, 2011 Regional District of Central Okanagan Regular Board Meeting Minutes

Bylaws: (Second and Third Reading) (Unweighted Vote)

9.7 i) Rural Westside Official Community Plan Amendment Bylaw No. 1274-01 for The Owners Strata Plan KAS2428 (applicant) to amend the land use designation from Parks and Recreations to Commercial Resort (Z10103) Central Okanagan West Electoral Area (All Directors)

Staff report dated February 16, 2011 outlined the amendment bylaw.

EDGSON/OPHUS
THAT Rural Westside Official Community Plan Amendment Bylaw No. 1274-01 be given second and third reading this 21 st day of February, 2011;

AND FURTHER THAT consideration of fourth and final readings be withheld pending the following;
• Receipt of OCP amendment bylaw and Zoning amendment bylaw approval from the Ministry of Community, Sport and Cultural Development;
• Receipt of formal bylaw approval from the Ministry of Transportation and Infrastructure;
• Receipt of an application for a Development Permit for Form and Character in accord with the Resort Commercial Development Permit Area provisions in the Rural Westside OCP to address siting, design, landscaping, and servicing issues.

CARRIED

ii) Zoning Amendment Bylaw No. 871-208 for the above for The Owners Strata Plan KAS2428 (applicant) to amend the zoning from RU1 Rural 1 to C5 Campground, Cabin and Motel Commercial. (Z10103) Central Okanagan West Electoral Area (Electoral Areas, West Kelowna Fringe Area, Kelowna Fringe Area)

EDGSON/SHEPHERD
THAT Zoning Amendment Bylaw No. 871-208 be given second and third reading this 21 st day of February 2011.

CARRIED

-------------------------------

.mp3 file icon - click here for help with audio February 21, 2011 audio of entire La Casa Rezoning Public Hearing .mp3 (26 MB)

.mp3 file icon - click here for help with audio February 21, 2011 audio of entire RDCO Board meeting .mp3 (150 MB)

Click this Windows Media Audio icon for help with audio files February 21, 2011 audio of Public Hearing only about La Casa Pool / Hot Tub - .wma (26 MB)

Click this Windows Media Audio icon for help with audio files February 21, 2011 audio of RDCO Board meeting only about La Casa Pool / Hot Tub - .wma (419 KB)

Not that we want to see La Casa have a pool when La Casa is right on the lake where people can swim in the lake (unnecessary pool), and when they have one pool already ... but if this goes through, I would like to see a condition that if there is ever a water shortage for other properties along Westside Road (new subdivisions and/or the LUC campgrounds next to Valley of the Sun, Kubas Subdivision, etc, that need water for human habitation, that La Casa cannot hog the water with a pool and that the pool can be closed at RDCO Board discretion in the future.... how about you??  The government is revising the Water Act and who knows, but sometime in the future this may become a reality and it is best to protect the interests of all subdivisions for human habitation.

PUBLIC HEARING FOR LA CASA POOL AND HOT TUB

.pdf icon February 21, 2011 Regional District of Central Okanagan PUBLIC HEARING for La Casa

.pdf icon Item 1.pdf

*Note* Below is only a snippett (6 pages) of the entire 19 pages

Agenda No: 1
Mtg Date: February 21, 2011

DEVELOPMENT SERVICES DEPARTMENT REPORT For the Public Hearing February 21, 2011

TO: Chair & Members of the Regional Board
FROM: Margaret Bakelaar, Environmental/Land Use Planner
DATE: February 16, 2011
SUBJECT: Official Community Plan Amendment Bylaw No. 1274-01 & Zoning Amendment
Bylaw No. 871-208 (Application Z10/03)
LOCATION: Adjacent to Terazona Drive (Central Okanagan West Electoral Area)
LEGAL:

PURPOSE:
District Lot 5266, and Block B, Plan KAP67076, District Lot 3542 all of ODYD

To amend the land use designation of the Rural Westside Official Community Plan from Parks and Recreation to Commercial Resort and to extend the existing Development Permit Area to regulate the siting, form, character and landscaping of Resort Commercial Areas to the subject site.

Also, to amend the zoning on the property from RU1 Rural 1 and P1 Park and Open Space to C5 Campground, Cabin and Motel Commercial and amend the Permitted Uses Table for the C5 Campground, Cabin and Motel Commercial zone, Section 11.5 by adding a new subsection 11.5.1.1.5 - On DL 5266, and Block B, Plan KAP67076, DL 3542 all of ODYD, only the following
site specific uses are permitted: swimming pool; outdoor storage yard, recreational vehicle storage yard, and maintenance workshop/storage building (NOTE: section 11.5.1.2 does not apply). In accordance with the bylaw amendments, the applicants propose to develop an outdoor swimming pool and workshop and to recognize an existing outdoor storage yard.

POLICY:
The Rural Westside OCP identifies existing or proposed resort developments as "Commercial Resort". The Commercial policies of the OCP indicate that local commercial uses will be limited to those existing zoned areas or where they may be developed in conjunction with resort developments. The Rural Westside OCP also designates development permit areas for the establishment of guidelines to regulate the siting, form, character and landscaping of Resort Commercial Areas.

RATIONALE:
The proposed OCP and zoning amendment would incorporate lands currently being used as part of La Casa Lakeside Resort;
The Crown Land parcel is subject to a long term 30 year lease with the province which permits commercial resort uses;
The outdoor storage area is existing and fenced;
A site specific rezoning will restrict the uses to those specifically requested as part of the OCP and rezoning application;
A Development Permit will be required prior to any development occurring and can address siting, design, landscaping, and servicing issues;
The Province is supportive of the proponents effort to prevent activities occurring on their property from encroaching into the Fintry Protected Area;
Westbank First Nation is in support of the amendments required in order for the applicant to utilize their lease for commercial resort purposes and in order to fulfil development commitments made to owners of La Casa Lakeside Resort.

BACKGROUND:
The land under consideration is Crown land and is currently under a long term lease (30 year) for commercial resort purposes. The Rural Westside OCP was recently reviewed and updated to bring the document into compliance with environmental Development Permit designations, policies, and guidelines that have been adopted for other parts of the Regional District.

Based on mapping regarding the environmental update to the OCP, the subject property has been identified as having, Sensitive Terrestrial, Hillside, and Wildfire Interface Development Permit Areas.

The amending bylaw received first reading on January 24, 2011. The Regional Board requested that the following information be provided at time of Public Hearing: verification of an adequate water supply for the proposed additional uses over and above the projected build out of the La Casa Lakeside Resort; additional detail on how drainage from the pool is to be accommodated; and clarification on the ownership, use and location of the gate at the southern edge of the Crown land tenure.

The Board also questioned where the archaeological site noted by the Province was located and whether there will be any mechanism in place to protect encroachment into the Fintry Protected Area and this was to be responded to at the time of Public Hearing.

RELEVANT INFORMATION:
Owner: Province of BC
Lease Holder: The Owners Strata Plan KAS2428
Agent: Brian Wills
Address: Adjacent to Terazona Drive (La Casa Lakeside Resort)
Lot Size: 1.474ha
Zoning: RU 1 Rural 1 and P1 Park and Open Space
OCP: Parks and Recreation
Existing Use: Crown land - storage yard, access road, parking, landscaping
Sewage Disposal: Community Sanitary Sewer
Water Supply: Community Water System
ALR: Not within the ALR
Fire Protection: North Westside Road Fire Protection Area
Surrounding Uses:

North: La Casa Lakeside Resort
South: Crown land
East: Crown land
West: Crown land

AGENCY REFERRALS (Presented at First Reading):
RDCO Parks Department, RDCO Environmental Services Department, City of Kelowna and the District of West Kelowna indicates their interests are unaffected.

The Central Okanagan West Advisory Planning Commission support the application with the condition that the C5 zoning be site specific to the uses as outlined in the application.

The Central Okanagan Environmental Advisory Commission supports the application on the following conditions: no disturbance to occur on adjacent natural areas; adequate disposal of water from the pool to the storm water discharge system; the Leased area should not be further expanded; they only use the area of land that has been allotted in the Lease and if any encroachment occurs the disturbance is restored and a fence be placed around the Leased area.

RDCO Inspections Services indicates a Building Permit is required for the swimming pool and hot tub. Provincial health approval is required for design of the swimming pool and hot tub prior to Building Permit issuance. (NOTE - has been received).

RDCO Fire Services indicates no concerns. It was noted however that it would be useful to have access to the pool for Fire Department water supply if needed. If they either had a dry standpipe from the pool that the department could use to draft or a gate large enough to allow the Fire Department Engine to get close enough to the pool to access the water.

Interior Health indicates they have no objection to the prop0sed OCP and Zoning Bylaw Amendments provided that any development is serviced by community sanitary sewer and community water systems. Prior to construction of the proposed swimming pool and hot tub the applicant must contact Interior Health for the required construction permits and approvals.

Ministry of Forests indicates no concerns. The First Nation liaison indicates that the site identified in this application is located within the Wilson Litigation area. There is also a known archaeological site approximately 300m southeast of the area that is proposed for rezoning.

Integrated Land Management Bureau has no objections to the proposal as they have recently offered a 30 year lease on the area.

Ministry of Environment (Natural Resource Operations) indicates the following:
e Best Management Practices be applied specifically Develop with Care - Environmental Guidelines for Urban and Rural Land Development;

  • They are currently investigating an amendment to a water license held by the proponent and the proponent has agreed to conserve water on Okanagan Lake;
    - There was encroachment into the Fintry Protected Area (PA) however since then fencing has been added and the encroachment appears to be recovering;

  • The gate on the property is of concern at the southern edge of the cleared area and MOE is interested in confirming the location of said gate with respect to the survey lot boundaries to ensure that the gate is not located within the PA.
    - If the gate and road that enters the PA is to access the water tower then a Park Use Permit (PUP) will be required to use the road for access. If a PUP is not obtained, the provisions to access the water tower through the PA exclusion that was provided for that purpose when the PA was established should be maintained (located in the vicinity of the
    area that has been identified for a swimming pool in the application).

Ministry of Transportation and Infrastructure indicates their interests appear unaffected and are prepared to endorse the bylaw following 3rd reading.

Westbank First Nation indicates that they are in support of the amendments required in order for the applicant to utilize their lease for commercial resort purposes and in order to fulfil development commitments made to owners at La Casa Lakeside Cottage Resort.

PLANNING STAFF COMMENTS:
The primary purpose of the application is to allow the construction of a swimming pool to be located on site. The application also recognizes an existing fenced secured outdoor storage area used for storage of boats and construction material. The applicant has requested that the rezoning also consider the construction of a workshop in the storage area to be used for repair and maintenance work. A building permit would be required for both the workshop and the pool and would need to comply with all provisions of Zoning Bylaw No. 871.

The property is Crown Land and subject to a long term 30 year lease which has recently been renewed by the Province. Currently located on the subject property is the resort access road, parking, landscaping and a fenced storage yard. There is also access to the crown land beyond the resort from the subject site. Part of the area is located within a steep sloped area identified as having sensitive terrestrial ecosystem values. The proposed development is intended to be located outside of the Hillside and Terrestrial Ecosystem Development Permit (DP) Areas. The site is however located within the Wildfire Interface DP area and either an exemption or DP will be required at time of building permit.

Adjacent to the site on private property is an existing building with washrooms and laundry facilities. This building would be renovated to be part of the pool development including the addition of a hot tub. The existing parking area would be replaced with the pool and adequate parking according to the zoning bylaw would need to be identified.

OCP Designation:
La Casa Lakeside Resort is located within a "Commercial Resort" designation and identified as being within a Form and Character "Development Permit Area". The Crown Land portion under consideration and subject to this application was not incorporated into the "Commercial Resort" designation. The OCP designation was set as "Parks and Recreation" which reflected the Provincial park reserve at the time. Currently, the subject area is bounded on three sides by the Fintry Protected Area (PA) but the lease recognizes the subject lands as being used for commercial resort purposes. The proposed OCP designation would incorporate lands currently being used as part of La Casa Lakeside Resort. The applicant would need to apply for and receive a Form and Character DP in accord with the Resort Commercial Development Permit Area provisions in the Rural Westside OCP prior to any development occurring and can address siting, design, landscaping, and servicing issues.

Zoning:
The current zoning is RU1 Rural 1 and P1 Park and Open Space. The proposed C5 zoning would be in keeping with the remainder of La Casa Lakeside Resort. As the Crown Land under consideration is a separate parcel, it is suggested that site specific zoning for the uses proposed be applied. This approach is supported by the APC and would clearly outline what uses are allowed.

Services:
The resort is currently on a private water system which draws water from Okanagan Lake. Proponents indicated that there is adequate water supply for the previously approved resort development in addition to development proposed under this application. La Casa Lakeside Resort was the subject of a previous Crown land application (File: CL-09-10) to increase their
allowable withdrawal and storage of water from Okanagan Lake. The applicant has been asked to provide verification of an adequate water supply for the proposed additional uses over and above the projected build out of the La Casa Lakeside Resort prior to public hearing.


*(okanaganlakebc.ca's note) It says in Stantec's Report that La Casa use low flow toilets and plumbing fixtures due to La Casa initially being built for summer recreation and not full-time occupancy, do you think La Casa should build a second pool?

There was some concern raised by the EAC on adequate disposal of water from the pool to the storm water discharge system. The applicant has provided additional detail on how drainage from the pool is to be accommodated.

The area is currently within the North Westside Road Fire Protection Area. Fire Services has indicated that it would be useful to have access to the pool for Fire Department water supply if needed. This can be addressed as part of the DP application.

There is an existing Right of Way (ROW) over the area for constructing, operating and maintaining a water line. The proposed development will need to be in compliance with the provisions of the ROW. This ROW is also recognized in the Crown Land lease.

Fintry Protected Area (PA):
As noted by the Province, there was encroachment into the (PA=Protected Area) PA however fencing has been added and the encroachment appears to be recovering. EAC also indicated that proposed uses should not encroach into the PA and if any encroachment occurs the disturbance is restored. A fence has been placed on 2 sides of the area adjacent to the PA. The east boundary is bordered by a steep slope which serves as a natural boundary. The applicant has provided verification that the fence is located on the leased area and does not encroach within the PA. Rehabilitation of the encroachment area could be considered at time of DP.

The gate on the property at the southern edge of the cleared area is of concern to the Province and the applicant has confirmed the location of said gate with respect to the survey lot boundaries. The Province noted that if the gate and road that enters the PA at that point is to access their water reservoir then a Park Use Permit (PUP) will be required to use the road for access.

As noted earlier, the Board requested that additional information be provided at time of the Public Hearing. The following represents an update on the requested information.

Verification of an adequate water supply for the proposed additional uses over and above the projected build out of the La Casa Lakeside Resort:
The current water license for La Casa allows for 625 cubic meters of water per day from Okanagan Lake. The new pool would use about 94 cubic meters of water on the initial filling.
The water usage by the existing and proposed pool is within the capacity of the current license as supported by a professional report on the anticipated future use of water at the resort and also by the Ministry of Natural Resource Operations. On average, daily use of the existing and proposed pool is reported to be from 6 to 13 cubic meters per day. A third pool is also proposed which may add another 6 cubic meters a day. This would represent 3% of the water allocated to the resort.
As indicated by Ministry of Natural Resource Operations (Water Allocation), the development will need to ensure that the water quantity diverted does not exceed the quantity specified on the existing license. The applicant will be required to stay within the amount allocated in the water license.

Detail on how drainage from the pool is to be accommodated:
Once filled the pool would not be drained, as it is a concrete pool. The pool level would be reduced 12 inches for the winter period. This would be accomplished by first letting the chlorine levels drop for about a week. Then a small diameter hose would be placed in the dry well beside the pool and the pool drained 12 inches. The dry well is used for any runoff from the deck areas of the pool. The pool would not be drained into the storm drain system or the sewer system. The dry well will not be connected to either the storm drain system or the sewer system.

Clarification on the ownership, use and location of the gate at the southern edge of the Crown land tenure:
The green gate is located 42 feet south of the Crown lease area and the storage area fence. The Fire Department, La Casa Utilities Ltd. and Strata KAS2428 hold keys to the gate. The green gate is located on Crown Land. Ownership of the gate has not been verified but it is assumed that the BC Government installed and owns the gate. At present La Casa Utilities Ltd. is the only user of the gate. The utility technician accesses the La Casa water reservoir as part of the regular maintenance routine. Strata KAS 2428 applied in January 2011 to BC Parks for a Land Use Occupancy Permit to allow this access by the utility technician. When the fence was constructed around the storage yard, road access to the gate was provided on the west side.

Archaeological Site and Encroachment into the Protected Area:
The noted archaeological site is related to the Okanagan Brigade Trail, in particular a cattle corral. The site is located approximately 400 metres down slope from the storage yard. The Brigade Trail was very close to Westside Road at La Casa. There are no anticipated impacts on known archaeological sites. The storage yard has been shown to be located within the existing long term lease and does not encroach into the Protected Area. A small area has been cleared beyond the fence that has started to regenerate. Any encroachment and landscaping that may be required can be addressed as part of the required Development Permit for the proposed development.

Further to the posting of Notice of Application sign on the property and Public Hearing notification process, there has been no correspondence received from neighbouring property owners.

Should the Board terminate the Public Hearing and grant further readings to the amending bylaws, the Development Services Department will identify in a subsequent report conditions that must be addressed prior to consideration of fourth and final readings.

Respectfully submitted,

Margaret Bakelaar
Environmental/Land Use Planner

Dan Plamondon, Director of Development Services

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Don't forget, that the above was only a snippett.

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.mp3 file icon - click here for help with audio February 21, 2011 audio of entire La Casa Rezoning Public Hearing .mp3 (26 MB)

.mp3 file icon - click here for help with audio February 21, 2011 audio of entire RDCO Board meeting .mp3 (150 MB)

Click this Windows Media Audio icon for help with audio files February 21, 2011 audio of Public Hearing only about La Casa Pool / Hot Tub - .wma (26 MB)

Click this Windows Media Audio icon for help with audio files February 21, 2011 audio of RDCO Board meeting only about La Casa Pool / Hot Tub - .wma (419 KB)

Blue Divider Line

CORD board considers pool
Vernon Morning Star - By Richard Rolke - January 29, 2011

Residents of a North Westside Road neighbourhood may eventually have a place to cool off in the summer.

The Central Okanagan Regional District board has given first reading to proposed official community plan and rezoning bylaws for the La Casa strata to allow for an outdoor swimming pool.

“The next step is for La Casa to set up an advertised public hearing,” said director Jim Edgson.

“After that, it will need to come back for the second and third readings, at which time the board will receive information on the progress of meeting the conditions.”

The applicant must address several issues including verification of an adequate water supply and details on how pool drainage will be handled.

“Once these are met, the request for zoning change can then go to fourth and final reading,” said Edgson.

“As it stands, it appears there should be no problem in meeting the conditions, but the province is involved as well.”

Besides the pool, the strata is also seeking approval for a workshop and recognition of an existing outdoor storage yard on the 1.47-hectare parcel next to Terazona Drive.

Edgson wants residents to understand the process that is underway and that the board has not authorized development.

“I have no problem with this and support the process as it currently stands. Now we will see what public input has to say.”

Blue Divider Line

CORD board gives first nod to pool plan
Kelowna Capital News - January 28, 2011

The regional board has given first reading to proposed Official Community Plan and rezoning bylaws for the strata at La Casa Lakeside Resort.

The application is being made to allow development of an outdoor swimming pool, a workshop and recognize an existing outdoor storage yard on a 1.47-hectare parcel adjacent to Terazona Drive that is included in a 30-year Crown lease.

A public hearing on the application will be scheduled and advertised once the applicant addresses several issues including verification of an adequate water supply for the proposed uses and details on how drainage will be handled from the swimming pool.

Blue Divider Line

La Casa LAKESIDE Resort wants another Pool??  Didn't people buy at La Casa to enjoy Okanagan Lake or a pool?  If the property owners wanted a pool, why did they choose lakeside?  And isn't one pool enough?

Outdoor Pool at LaCasa Resort

For the Okanagan that is so low on water, that conservation measures are taken into consideration, like the Regional District of Central Okanagan placing water meters in all North Westside Road homes, and placing sprinkling restrictions on people, and to top it off, the recommendations in Stantec's report about La Casa when it was first built, that La Casa use low flow toilets and plumbing fixtures due to La Casa initially being built for summer recreation and not full-time occupancy, do you think La Casa should build a second pool?

January 24, 2011 Highlights of the Regional District of Central Okanagan Regular Board Meeting

Proposed Rezoning La Casa Lakeside Resort

The Regional Board has given first reading to proposed Official Community Plan and Rezoning bylaws for the strata at La Casa Lakeside Resort.

The application is being made to allow development of an outdoor swimming pool, a workshop and recognize an existing outdoor storage yard on a 1.47- hectare parcel adjacent to Terazona Drive that is included in a 30-year Crown lease. A Public Hearing on the application will be scheduled and advertised once the applicant addresses several issues including verification of an adequate water supply for the proposed uses and details on how drainage will be handled from the swimming pool.

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.mp3 file icon - click here for help with audio January 24, 2011 audio of entire RDCO Board meeting .mp3 (287 MB)

Windows Media File Icon January 24, 2011 audio of RDCO Board meeting only about La Casa Pool proposal and Rezoning RU1 - P1 Park to C5 Campground, Cabin and Commercial - .wma (6.72 MB)

January 24, 2011 Regional District of Central Okanagan Regular Board Meeting Agenda

Item 9.7 Rural Westside Official Community Plan Amendment Bylaw No. 1274-01 and Zoning Amendment Bylaw No. 871-208.pdf

This is about La Casa's 30 year crown land lease up top, and not where the transfer station was going to go down below Westside Road.

*This is only a snippet of the 18 pages, please click link above for entire contents.

Agenda No: 9.7
Mtg Date: January 24, 2011

DEVELOPMENT SERVICES DEPARTMENT REPORT For the Board January 24, 2011

TO: Chair &Members of the Regional Board
FROM: Margaret Bakelaar, Environmental/Land Use Planner
DATE: January 19, 2011
SUBJECT: Official Community Plan Amendment Bylaw No. 1274-01 & Zoning Amendment Bylaw No. 871-208 (Application Z10/03)
(The Owners Strata Plan KAS2428 - lease holder/Brian Wills - agent)
LOCATION: Adjacent to Terazona Drive (Central Okanagan West Electoral Area)
LEGAL: District Lot 5266, and Block B, Plan KAP67076, District Lot 3542 all of ODYD
RECOMMENDATION:
1. THAT Official Community Plan Amendment Bylaw No. 1274-01 & Zoning Amendment Bylaw No. 871-208, application Z1 0/03 be given first reading.
2. AND FURTHER THAT scheduling of the application for a Public Hearing be withheld pending the following;
Applicant to provide verification of an adequate water supply for the proposed additional uses over and above the projected build out of the La Casa Lakeside Resort;
Applicant to provide additional detail on how drainage from the pool is to be accommodated;
Applicant to provide clarification on the ownership, use and location of the gate at the southern edge of the Crown land tenure.

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That the Rural Westside Official Community Plan Bylaw 1274, 2010 is hereby AMENDED by changing the designation on District Lot 5266, and Block B, Plan KAP67076, District Lot 3542 all of ODYD as shown on Schedule 'A' attached to and forming part of this bylaw from Parks and Recreation to Commercial - Resort.

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click link above for more of the 18 pages

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.mp3 file icon - click here for help with audio January 24, 2011 audio of entire RDCO Board meeting .mp3 (287 MB)

Windows Media File Icon January 24, 2011 audio of RDCO Board meeting only about La Casa Pool proposal and Rezoning RU1 - P1 Park to C5 Campground, Cabin and Commercial - .wma (6.72 MB)

January 24, 2011 Regional District of Central Okanagan Regular Board Meeting Minutes

Bylaws: (First Reading) (Unweighted Vote)

9.7i) Rural Westside Official Community Plan Amendment Bylaw No. 1274-01 for The Owners of Strata Plan KAS2428 (applicant) to amend the land use designation from Parks and Recreations to Commercial Resort (Z10/03) Central Okanagan West Electoral Area (All Directors)

Staff report dated January 9, 2011 outlined the OCP Amendment Bylaw to amend the land use designation from Parks and Recreation to Commercial Resort and to extend the existing Development Permit Area to regulate the siting, form, character and landscaping of Resort Commercial Areas to the subject site.

Staff reviewed the rationale for the amendment including:
• The proposed OCP and zoning amendment would incorporate lands currently being used as part of La Casa Lakeside Resort;
• The Crown Land parcel is subject to a long term 30-year lease with the Province which permits commercial resort uses;
• The outdoor storage area is existing and fenced;
• A site specific rezoning will restrict the uses to those specifically requested as part of the OCP and rezoning application;
• A Development Permit will be required prior to any development occurring and can address siting, design, landscaping, and servicing issues;
• The Ministry of Environment is supportive of the proponents effort to prevent activities occurring on their property from encroaching into the Fintry Protected Area;
• Westbank First Nation is in support of the amendments required in order for the applicant to utilize their lease for commercial resort purposes and to fulfil development commitments made to owners of La Casa Lakeside Resort.

Staff reviewed the agency referrals, as well highlighted the location for the pool and storage/workshop. It was noted that a development permit will be required should zoning be approved. Site specific zoning would clearly outline uses allowed on the parcel. The question was raised where the archaeological site is located and whether there will be any impact to this area, and whether there is any mechanism in place to protect encroachment into the Fintry protected area? This will be responded to at the time of Public Hearing.

EDGSON/SHEPHERD
THAT Official Community Plan Amendment Bylaw No. 1274-01 be given first reading this 24th day of January 2011;
AND FURTHER THAT scheduling of the application for a Public Hearing be withheld pending the following;
• Applicant to provide verification of an adequate water supply for the proposed additional uses over and above the projected build out of the La Casa Lakeside Resort;
• Applicant to provide additional detail on how drainage from the pool is to be accommodated;
• Applicant to provide clarification on the ownership, use and location of the gate at the southern edge of the Crown land tenure.

CARRIED
ii) Zoning Amendment Bylaw No. 871-208 for the above for The Owners of Strata Plan KAS2428 (applicant) to amend the zoning from RU1 Rural 1 to C5 Campground, Cabin and Motel Commercial. (Z10/03) Central Okanagan West Electoral Area (Electoral Areas, West Kelowna Fringe Area, Kelowna Fringe Area)

EDGSON/HAYES
THAT Zoning Amendment Bylaw No. 871-208 (application Z10/03) be given first reading this 24th day of January 2011.

CARRIED

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.mp3 file icon - click here for help with audio January 24, 2011 audio of entire RDCO Board meeting .mp3 (287 MB)

Windows Media File Icon January 24, 2011 audio of RDCO Board meeting only about La Casa Pool proposal and Rezoning RU1 - P1 Park to C5 Campground, Cabin and Commercial - .wma (6.72 MB)

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Windows Media File Icon COW Director Jim Edgson says WFN gravel pit may be getting water from Azura Management (owner of La Casa Resort) - (.wma) 279 KB - June 28, 2010

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IN THE SUPREME COURT OF BRITISH COLUMBIA

Citation:
Azura Management (Kelowna) Corp. v. Owners of the Strata Plan KAS2428,

2009 BCSC 506

Date: 20090422
Docket: S087958
Registry: Vancouver

Between:

Azura Management (Kelowna) Corp.

Petitioner

And:

The Owners, Strata Plan KAS 2428,
Curtis Darmohray and David Osmond

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*these are just snippets, please click link above for full contents of this case

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that s. 128(1)(c) of the Act is to be interpreted to mean (a) that the strata lots for “tourist cabins” are residential, (b) that strata lots 488, 491, 494 and 495 are non-residential, and (c) that each of the residential and non-residential groups of strata lots must vote 3/4 in favour of a bylaw amendment in order for a resolution to take effect.

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BACKGROUND

[3] The Corporation comprises 500 bare lot strata lots located in Kelowna in a development called LaCasa Lakeside Village Resort (“LaCasa”). The Petitioner, Azura Management (Kelowna) Corp. (“Azura”) is the registered owner of 15 strata lots. LaCasa Management Corp. (“LCMC”) is affiliated with Azura. LCMC manages 108 strata lots for Owners as well as the investment of Azura within the complex. The Developer, 697133 B.C. Ltd. (“Developer”) owns 40 strata lots. The Respondents, Curtis Darmohray and David Osmond, at all material times have been and presently remain members of the Council. Mr. Darmohray was the President of the Council for the fiscal year 2007-2008. Mr. Osmond was the President and Vice-President of the Council respectively in the fiscal years 2006-2007 and 2007-2008. The property manager for LaCasa is Gateway Property Management (“Gateway”).

[4] The initial developer of LaCasa was C.H. Golf Ltd. In the Spring of 2004, C.H. Golf Ltd. entered into an agreement with Azura to sell 465 strata lots to Azura, together with the shares of LaCasa Utilities Ltd.. At that point, Azura assumed management of the Corporation. In July, 2004, the Developer entered into an agreement with Azura to purchase 213 strata lots, with an option to purchase a further 238 strata lots. In September, 2005, the Developer exercised its option and completed the purchase of all strata lots. At that time, representatives of Azura resigned from the Council and representatives of the Developer, including John Murphy, were elected to Council.

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26] The Respondents submit that the requisite authority was obtained at the March 6, 2006 Special General Meeting (“March 2006 SGM”). Prior to the March 2006, SGM, the Information Package forwarded to Owners set out the following:

Vote Resolution E – Financing for Bond Replacement – Sewer and Water Treatment Plants
LaCasa’s Sewer Treatment Plant and Water Treatment Plant are regulated by the Ministry of Water, Lands and Air Protection who have set a bond requirement of the operator. The current owner is LaCasa Utilities Ltd. who has posted cash bonds for the operation of the Sewer and Water Treatment Plants. The Corporation has secured financing for the equivalent amount of pledged bond and the intention is to replace the funds posted by LaCasa Utilities Ltd. Once completed, the Corporation will be granted title to Strata Lot 495 as well as the Sewer and Water Treatment Plans.

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[39] While Azura is correct in submitting that s. 61(1)(b) of the Act does not authorize a notice to be sent by email transmission, it should be noted that s. 61(1)(b) of the Act only applies where an owner has not provided an address outside the strata plan for receiving notices. The provision of an email address is an acceptable way for an owner to provide the Corporation with an address outside the strata plan. If an owner has provided an email address, I am satisfied that the forwarding of a notice by email transmission to that “address” is sufficient “mailing” to satisfy the notice requirements set out in s. 61(1)(a)(ii) of the Act. Even if an email address has not been provided, I am satisfied that forwarding communication to the known email address of an owner is satisfactory to meet the requirements of s. 61(1)(b) of the Act. I am satisfied that the wording of s. 61(1)(b)(i) is broad enough to include the forwarding of an email transmission to qualify as a “leaving” of a notice with an owner.

[40] Having reached that conclusion, the legislation could be expanded to allow email transmissions to qualify where it is necessary for a corporation to provide notice. First, the considerable expense of providing notice in writing could be avoided if an owner is content to receive notices by email transmission. Second, notification by email transmission provides an instant notification, thus avoiding the delay associated with other forms of delivery.

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Specifically, oppressive conduct has been interpreted to mean conduct that is burdensome, harsh, wrongful, lacking in probity or fair dealing, or has been done in bad faith. “Unfairly prejudicial” conduct has been interpreted to mean conduct that is unjust and inequitable.

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I also take into consideration the comments of Huddart, J. in Cook, supra, that the democratic government of the strata community should not be overridden by the Court except where absolutely necessary.

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Finally, LCMC makes the point that Strata is proposing a 46% increase in our Strata fees, and that this shouldn’t occur until our books are in order.

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(j) Amendments to the Bylaws (Residential v. Nonresidential)

[74] Section 1 of the Act defines “residential strata lot” as meaning a strata lot “… designed or intended to be used primarily as a residence” and “bare land strata plan” as meaning: (a) a strata plan on which the boundaries of the strata lots are defined on a horizontal plane by reference to survey markers and not by reference to the floors, walls or ceilings of a building, or (b) any other strata plan defined by regulation to be a bare land strata plan”.

[75] Section 128 of the Act provides that amendments to the bylaws of a strata corporation must be approved at an annual general meeting or a special general meeting as follows: (a) in the case of a strata plan composed entirely of residential strata lots, by a resolution passed by a 3/4 vote, (b) in the case of a strata plan composed entirely of nonresidential strata lots, by a resolution passed by a 3/4 vote, or (c) in the case of a strata plan composed of both residential and nonresidential strata lots, by both a resolution passed by a 3/4 vote of the residential strata lots and a resolution passed by a 3/4 vote of the nonresidential strata lots.

[76] It is clear that this Corporation is composed partly of residential strata lots and partly of non-residential strata lots:

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[82] I am satisfied that it is inappropriate for a change in Bylaws to require the approval of Azura before long overdue and badly needed changes to the Bylaws can be implemented. I am satisfied that it is appropriate to make an Order pursuant to s. 164(1)(b) of the Act. Any future annual general meetings or special general meetings to consider amendments to the Bylaws will be conducted on the basis that both residential strata lots and non-residential strata lots otherwise eligible to vote will vote as a group and not as two groups separated into residential strata lots and non-residential strata lots.

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Jan 2010 RDCO offered La Casa curbside pickup among other options

RDCO offered La Casa all kinds of options including curbside pickup
click letter to make larger

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La Casa where the transfer station was going to go.  Looks like La Casa gets to use it all their own.
This photo was taken June 6, 2010 of the location at La Casa where the transfer station was going to go.  There was someone working on something down there and there are garbage containers down there.  Now you know where you can take your garbage 24/7.

 

Garbage bins and burn pile at La Casa on June 6, 2010
In this photo you can see there is a burn pile down there beside the garbage bins on the right.

 

Burn pile at La Casa June 6, 2010.
Here is a closer look at the burn pile at La Casa where the transfer station was going to go.

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La Casa Transfer Station - November 12, 2009

Strata Manager has been presented with waste management options including curbside collection, service using existing transfer stations and service using a new Transfer Station at La Casa.

.pdf icon http://www.regionaldistrict.com/docs/boards_committees/gov/agnd/2009/09_11_12/Item 6.1 Quarterly Program Measures Report.pdf

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.pdf icon June 22, 2009 Regional District of Central Okanagan Regional Board Minutes

5.3 Regional District of Central Okanagan Security Issuing Bylaw No 1260, 1st, 2nd and 3rd readings and Adoption (All Directors - Unweighted Vote)

BAKER/OPHUS
THAT Regional District of Central Okanagan Security Issuing Bylaw No. 1260, 2009 be given first, second and third readings, reconsidered and adopted this 22nd day of June 2009.

CARRIED

Bylaw 1260

NOW THEREFORE the Regional Board of the Regional District of Central Okanagan in open meeting assembled enacts as follows;

1. The Regional Board hereby consents to financing the debt of the City of Kelowna in the amount of Seven Million Five Hundred Thousand dollars and 00 cents ($7,500,000,00) in accordance with the following terms.

Automated Collection Curbside Carts $7,500,000.00
Term of Issue: 10 years

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Highlights of the Regional Board Meeting – May 25, 2009

Investigative Aggregate Application

The Regional Board does not support a referral application from Front Counter BC that would allow test drilling to determine whether it’s feasible to develop a sand and gravel quarry on Crown Lands in the northern section of the Central Okanagan West Electoral Area. Westbank First Nation and Canadian Aggregates Incorporated have applied for the investigatory permit for up to two years on 41-hectares off Westside Road and south of La Casa Lakeside Resort. The Regional Board and other agencies are concerned about the environmental impact such an operation would have on the unique features in the area and would like these issues reconciled before any further consideration is given to the application. The Regional Board also believes it’s premature to consider such an application until the environmental review is completed for the North Westside Official Community Plan.

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20/20 Properties
Lakeside Terrestrial Environmental Master Plan

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Have a look on page 4 and 8 of the Jan 16, 2008 NW Side - La Casa Water System Integration Study

On page 4 it says "Each of the two lake pumps has 18.9 L/s capacity or about 58% of the total demand.

On page 8 it says La Casa's current water pumping capacity is lower than the RDCO criteria for MDD (Maximum Daily Demand) ... look near the bottom under the heading Okanagan Lake Pump Station.


click report to read whole report

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Beyond the Sales Pitch: Ensuring Transparency and Accountability in BC Strata Developments. The report describes significant deficiencies in BC’s legislation affecting owners of 460,000 condominiums and other strata properties, or one in four taxable properties in the province. 67,000 of these properties are located on Vancouver Island.

http://www.visoa.bc.ca/static/NEWS RELEASE - May 5, 2008link.pdf

http://www.visoa.bc.ca/legislative

Pacific Condominium Association - are composed of actual
council members and owners,

while the C.H.O.A. are paid, and most directors are Real Estate Board Members. A
definite conflict of interest.

There's a new site
http://stratawatch.ca/ that seems worth keeping an eye on.

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Strata investments can get condo owners in trouble
By Kathy Michaels - Kelowna Capital News - Published: November 18, 2008

Condo dwellers need to be wary of how their strata council deals with their money, warns an expert on the subject following news that one Okanagan-based complex owner lost tens of thousands of dollars.

Tony Gioventu, executive director of the Condominium Home Owners Association, writes a weekly column for a province-wide paper, and was informed that an Okanagan condominium building had lost about $50,000 out of a strata contingency fund through high risk investments that went sour in recent months.

Although he’s not at liberty to disclose who the group is, he did say they are working through the problem.

“Nobody appears to be wanting to take them to court and recoup the losses on it and I think they are going to get through the worst of it, but they have lost a significant amount of money,” he said.

“Everyone agreed, it was a stupid decision nobody really knew about it…we are just going to bite the bullet and deal with it.”

While the loss won’t end in litigation, Gioventu said it does present a lesson for anyone who owns a condominium unit.

“Strata corporations need to be vigilant about how their money is invested and ensuring that the information is reported to the ownership on a regular basis,” he explained.

Funds that the strata sits on can reach into millions of dollars, and the money is put aside for anything from upgrading roofs, to replacing sewage and water treatment systems—the latter being something he said a number of Okanagan condos are likely to need their funds for in the future.

If the money is not there when it’s needed, the deficit will hit condo owners in their pocket books.

Technically, strata corporations are able to invest funds—though there’s legislation that puts restrictions on the extent of those investments allowed—and government bonds, GICs and savings accounts are the preferred vehicles.

Putting money into something that’s volatile is generally not permissible and most don’t stray into that territory.

Gioventu recommends that stratas take out insurance policies on any investments made.

“Whether you are self managed or you have a management company that is managing your assets, there’s limitations on insurance coverage, so make sure everything is legitimate,” he said.

kmichaels@  "at" kelownacapnews.com

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Surrey individual charged for failing to halt pollution
M2 PRESSWIRE- 4 April 2001
BC Ministry of Environment, Lands & Parks:
Surrey individual charged for failing to halt pollution 03/04/2001 AGASSIZ -- Ewen Stewart of Surrey and a Vancouver company, 564324 B.C. Ltd., have been charged with failing to comply with the requirements of a Pollution Abatement Order under the provincial Waste Management Act, the Ministry of Environment, Lands and Parks announced today. Map 1  Map 2

Court Links with the name Ewen Stewart
http://www.courts.gov.bc.ca/jdb-txt/SC/09/05/2009BCSC0506.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/07/17/2007bcsc1761.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/06/08/2006bcsc0824.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/04/03/2004bcsc0356.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/03/11/2003bcsc1141.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/03/10/2003bcsc1019.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/02/07/2002bcsc0773.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/02/00/2002bcsc0022.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/01/18/2001bcsc1853.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/01/03/2001bcsc0329.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/00/08/s00-0863.htm

http://www.courts.gov.bc.ca/jdb-txt/sc/98/02/s98-0257.txt

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Came to this through the court links above by searching several company names.

 

According to reports in the Hamilton Spectator, Thermo Tech started operating a similar facility in Hamilton, Ontario, in 1995. The plant closed in 2002. A year earlier, the company illegally dumped "fatty liquids" into a local creek, breaking not only the law but also the company's stated intention of "alleviating the burden of pollution on the world". It was convicted and fined $10,000 under Ontario's Environmental Protection Act and was subsequently investigated for discharging diesel fuel into a sewer line leading to the same creek.

Freedom-of-information requests show that prior to the Richmond Bio Conversion fire--and accelerating after the blaze when large amounts of stored waste were not incinerated and had to be disposed of--nine Fraser Valley farmers accepted material from the facility without provincial authorizations. In total, 149 truckloads were delivered. Most of the more than 2.35 million litres of material appears to have been in the form of a highly acidic, orange-brown sludge that was emptied into large pits already filled with manure.

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With the new carbon tax and the increase in the price of fuel, some people on limited incomes cannot afford to drive to the transfer station once per week.

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Transfer Station comments starting July 2008

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Is this where the new La Casa transfer station is going?

La Casa Strata KAS2428 is applying for 3.28 HECTARES of crown land.  La Casa wants to purchase the land from the government.  After La Casa receives title to this land, La Casa can do what it wants with the land.  Is this the land meant for the new La Casa transfer station?
click map for more detail

Here is another map of the Ridgeview (La Casa) Fire Protection Area

Area Size of La Casa +/- 38.07 Hectares (page 2)

La Casa Strata KAS2428 applied Feb 28, 2008 to purchase 3.28 HECTARES of crown land.  Here is a link to the crown land application on the ILMB website.  La Casa strata wants to purchase this DL 5266 together with Blocks B, C, And D of District Lot 3542 crown land from the government.  After La Casa receives title to this land, La Casa can do what it wants with the land.  No decision has been made on this crown land application according to Front Counter BC as of July 24, 2008.  There was a link on Integrated Land Management Bureau (ILMB) website to comment about this application but it was removed April 20, 2008 according to Front Counter BC 1-877-855-3222.  Front counter BC said that you can still send in a letter to comment or complain though, as a decision has not yet been made.

Okanagan Lake is sending in a letter to Integrated Land Management Bureau to ask if the decision can be delayed until more locals are notified, and so that locals are aware and have a chance to comment.

Click the map for more detail

Front counter BC said to send your comment or complaint to:
ILMB
Suite 210, 301 Victoria Street
Kamloops, B.C.
V2C-2A3
Attention: Section head
Reference File #3402164

Comment to RDCO about a re-zoning application or official community plan amendment.

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Policing ALR land use abuses
Kelowna Capital News - By Judie Steeves - Published: March 19, 2009

There were 14 complaints dealt with in the Okanagan by the Agricultural Land Commission’s compliance and enforcement section last year, ranging from illegal dumping to illegal storage.

Two uniformed officers were appointed a couple of years ago to ensure land in the Agricultural Land Reserve is not used inappropriately, explains Colin Fry, executive director of the ALC.

Although the act always had a compliance and enforcement function, it was bolstered in 2002 by new legislation increasing the penalties for illegal use of ALR land, he said.

Prior to that, enforcement involved taking those in non-compliance to court.

The objective is to preserve agricultural land from such issues as the growing problem of illegal fill being dumped on it, including concrete, construction debris and garbage, he said.

Dumping fill was a rampant problem in the Fraser Valley, noted Fry. There were 69 files on the South Coast last year, compared to 18 on Vancouver Island, 11 in the Kootenays and four in the North.

Most of the problems involved the owners of agricultural land, not farmers, said Fry.

“Farmers are the least likely to do anything that would be deleterious to the land,” he said.

Investigations are complaint-based, he said. They receive around 300 to 400 complaints a year, and if an investigation reveals a contravention of the ALR legislation, the officers focus on working with the landowner to stop the activity.

“We don’t automatically enforce. First, we try to get the co-operation of landowners. When people become aware, we get a high degree of compliance. We’re resolving issues. Often it’s because there’s a lack of awareness about the law,” said Fry.

He admitted at other times some landowners are blatantly disregarding the law.

“They buy ALR land to use for illegal purposes.”

Penalties for non-compliance can range up to $100,000 for a first occurrence, but that doubles for repeat occurrences.

In the Okanagan, last year’s files involved filling-in, auto wrecking, multiple dwellings, construction debris and a campground.

That resulted in four stop work orders, four advisory letters and three applications being submitted to the ALC.

“Some are easy to resolve and others can be more complicated,” Fry said.

Other contraventions have involved landowners using ALR land for boat or RV storage on a commercial basis; a skateboard park; lumber storage; metal salvage; storage of equipment or transport trucks or for concrete waste.

The officers work closely with local government, as well as with government ministries to ensure the preservation of ALR land.

There is a total of 4.7 million hectares of ALR land in B.C.

jsteeves [at] kelownacapnews.com

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Development Services Report for the Regional Board September 10, 2007
Development Variance Permit VP-06-19
(Azura Management Corporations, Agent - Ewen Stewart)
La Casa on Westside Road (Strata Lot 494) Lot 494, KAS 2428, DL 3849

.pdf icon Item 6.3a Development Variance Permit VP-06-19 Azura

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Development Services Department Report for the Regional Board August 20, 2007
Item 6.3a Development Variance Permit VP-06-19 (Azura Management Corportations, Agent - Ewen Stewart)

(from page 3)

Planning Staff Comments:

Notifications to neighbouring property owners have been mailed and a sign has been posted in accordance with Regional District requirements. To date, the Planning Services Department has received four letters of objection as a result of public notification. Those letters are attached for your consideration.

The retaining walls were constructed without issuance of the appropriate permits and the applicant was made aware at the time of the need to obtain permits. The applicant was made aware of this in January of 2007.

Should the Regional Board issue the variance for the retaining wall height, those other permits would still need to be obtained.

In order to ensure that the subdivision is not completed prior to the issuance of all building permits necessary for important structural stability on the lots, the subdivision approving officer will be informed that there are outstanding building permit items related to retaining walls that have structural significance. The approving officer will be requested to not approve the subdivision until the building permit for the retaining walls has been appropriately issued.

Staff notes that the 6 cabins are already constructed and the retaining walls are necessary for their structural soundness.

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Planning Services Department Report For the Board September 12th, 2005
SUBJECT: Land & Water BC Inc. Referral Application – Crown Grant to purchase existing road and utility corridor
(Our File: CL-05-05) (Reference File: 3402164)

LOCATION: The subject lands are located at the southern boundary of the La Casa strata development south of Fintry Provincial Park on Westside Road
LEGAL: DL 5266 together with Blocks B & C of DL 3542, ODYD

PURPOSE:
To consider a Land Referral application from Land and Water B.C. Inc. requesting approval of a Crown Grant in perpetuity to allow ownership and to control portions of the existing road and utility corridor used by the strata development (more commonly known as “La Casa”; formerly Ridgeview RV Park).

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.pdf icon Sept 10, 2007 Regional Board Agenda Item 6.3a Development Variance Permit VP-06-19
That the Regional Board approve Development Variance Permit application VP-06-19 to vary Zoning Bylaw No. 871 to
reduce minimum parcel area, minimum frontage, and increase the height of a retaining wall from 2.5 metres to 4 metres.

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.pdf icon Aug 20, 2007 Regional Board Agenda Item 6.3a Development Permit VP-06-19
- School and community centre/arena south of La Casa
- Objections from La Casa Strata on a variance permit for a retaining wall

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.pdf icon Regular Board Minutes – December 13, 2004 (Pg. 4-6)
6. PLANNING DEPARTMENT
6.1 Development Permits (Unweighted Vote)
a) Application for a Development Permit for Azura Management Corp. (owner) and Rositch Hemphill & Associates Architects (agent) located adjacent to Westside Road. (DP-04-15) Westside Electoral Area (Electoral Areas and Kelowna Fringe Area)
Staff reviewed the background information and rationale for the development and noted that in addition three variances are required to the C5 zone.
The Board questioned:
- Whether the 100 square meters of floor space is gross floor space or space per floor?
- Has there been a transportation impact assessment? As a condition of the former owner, the Ministry of Transportation required road widening and upgrades adjacent to the development and this has been completed.
- The development is bare land strata lots.
- Seasonal use only. Zoning requirement for occupancy is no more than one month at a given time by the same person
- What is the difference in the number of units from the original RV park. The applicant noted there are less lots with more parkland. There will be no RV lots in the development although the existing owners will be allowed a maximum of 10 years to develop their property.
- Will there be commercial development on the site? The current zoning allows for commercial and this is currently in place.
Bryce Rositch, architect for the development addressed the Board:
- Cottages range in size up to 100 square meters, not per floor (893 to 1070 sq ft total square feet per cottage)
- Reduction of 32 lots from current RV lots. More green space is being proposed.
- 29 existing owners are all in support of the application. They have 10 years to build on their site.
- The existing swimming pool, tennis courts, beach front properties, water park, mini-golf, recreational opportunities will be enhanced.
- 7 different cottage designs, two different elevation
- Fire resistant materials being used around the site
Board Questions
-Is there sufficient water in the current system to maintain the indigenous plants species that will be planted? Plans currently utilize the same water policy. Primarily non-grassed area throughout the development.
-What is the overall timeframe to complete each phase? 100 cottages to be constructed within the year and 100 each subsequent year.
- Is the current sewage system and water supply suitable for the capacity? Stantec Consulting Ltd. has verified that both the existing systems will adequately support the development at maximum build-out, although they do recommend that water conservation measures such as low flush toilets and low flow plumbing fixtures be utilized. Original owner worked directly with the Ministry of Environment (20 acres septic field in place). The Regional District was not required to sign off on the certificate. Under the Ministry rules daily flows are monitored and reported directly to the Ministry.
- Was there any public meetings? Notices as required were posted. Public selling opportunities during the summer.
- Is there moorage at the marina? A 70-slip marina was constructed and water licensed was previously approved.
- What commercial operation is there on site? A commercial store is in operation (grocery store and owner’s lounge). Theatre facilities and a restaurant are planned for the future.
- Under the C5 zone a building of 100 square meters is allowed. The applicant reconfirmed that it is understood to be 100 square meters of total living space and agrees to this.
- What is the definition of living space? In the C5 zone the wording is 100 square meters of building area. Staff confirmed that in the building code it’s the foot-print of the building, excludes decks and garage space. Wording needs to be more clearly stated in the C5 zoning bylaw.
There were no further questions from the Board.
Chair Hobson asked if there was anyone in the public who deemed their property to be affected by the development permit and variances.
Jim Edgson, Killiney Beach resident, was enthusiastic about the care and development the owner is taking and has not heard any negative comments from neighbors.
#502/04 NOVAKOWSKI/KNOWLES
THAT Development Permit application for Azura Management Corp. (owner) located adjacent to Westside Road (DP-04-15) be approved based on the site plan, cottage plans and elevation drawings prepared by Rositch Hemphill & Associates Architects dated September 2004, and the landscape plans prepared by Sharp & Diamond, Landscape Architecture & Planning dated September 2004, subject to the following condition:
• Receipt of written confirmation from Ministry of Transportation that any concerns they may have with the proposed development have been addressed to their satisfaction prior to the issuance of any building permits.
• That there is to be a maximum of 100 square meters gross floor area per cabin.
AND FURTHER THAT three variances to the C5 Campground, Cabin and Motel Commercial zone be approved:
1. To vary Section 11.5.4, Zoning Bylaw No. 871, by reducing the minimum Front Setback for all strata lots, excluding common property, within Strata Plan KAS2428 from 4.5 metres to 2.0 metres;
2. To vary Section 11.5.5, Zoning Bylaw No. 871, by reducing the minimum Side Setback for all strata lots, excluding common property, within Strata Plan KAS2428 from 3.0 metres to 1.2 metres; and
3. To vary Section 11.5.7, Zoning Bylaw No. 871, by reducing the minimum Rear Setback for all strata lots, excluding common property, within Strata Plan KAS2428 from 3.0 metres to 2.0 metres.
CARRIED

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Some employees at the La Casa Cantina store were told not to worry too much about catering to the residents of the surrounding area but to cater to the La Casa strata of approx. 500 homes.

Some local residents from surrounding subdivisions are not happy that the LaCasa Cantina store will not carry certain items.

LaCasa store is often out of things, so you can't rely on the store having what you need at all times.  We tried to get one bottle of water in the middle of summer one year and they didn't have any water except a large 5 gallon water jug.  Other things that we have wanted to buy before but the store was sold out were; milk, liquor, cigarette tubes, coffee filters, and the bread was almost out of date when we bought it.  Bread is delivered only once per week.


326 gram of Nabob Coffee $7.99 and no coffee filters March 12, 2008.

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For the winter of 2006 the LaCasa Cantina store and restaurant closed, then re-opened for the summer of 2007.  It closed again for winter 2008 and is now open for 2009.

LaCasa Cantina Store and Restaurant
Photo of LaCasa Cantina Store and Restaurant

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In 2006 some local residents petitioned RDCO for smaller transfer station sites at each subdivision instead of the one large transfer site 12 km's up the road for some, but instead LaCasa (Azura) offered to lease land for $1.00 to RDCO to site a new transfer station at LaCasa for the surrounding subdivisions which for some subdivisions was even farther to travel to.  LaCasa didn't own the land yet, it was crown land.  RDCO said in a newspaper article that the transfer station would be open early 2007.   RDCO stated in the local newsletter that the LaCasa strata had paid the lease for the land and they were waiting for the land title from the government.  The transfer station has yet to open November 2008 and La Casa doesn't have title to the property as yet.

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Overnight accommodation at LaCasa

Overnight accommodation advertisement for LaCasa
click image to read larger print

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LaCasa Yacht Club Waterfront Residences

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RE: LaCasa or alias Azura Management Corp.
Advisory Planning Commission minutes of the meeting August 8, 2007

That the Advisory Planning Commission recommends approval of all three variance requests:

1. reduction of the minimum parcel area
2. reduction of the minimum parcel frontage
3. increasing the maximum retaining wall height

Jim Edgson, Killiney Beach resident, was enthusiastic about the care and development the owner (LaCasa) is taking and has not heard any negative comments from neighbors regarding the variance request in 2004 to reduce minimum side, front, and rear setbacks of all strata lots.
.pdf icon Minutes of the Regular Board meeting December 13, 2004

----------------------------------------------------

LaCasa is supporting Jim Edgson's 2007 campaign running for director of the newly created Central Okanagan West area as the store only has Jim Edgson's campaign material on the front counter, and there is nothing on the counter with Dave Robertson's campaign material.

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.pdf icon Highlights of the Regional Board Meeting– January 15, 2007
Liquor License Applications Supported
The Regional Board has given its support to a liquor license application for the owners of La Casa Resort.
Azura Management (Kelowna) Corporation has applied to the Liquor Control and Licensing Branch for a Liquor Primary License to service the restaurant, lounge and patio that are being built within the community hall facility at the resort, along Westside Road. The facility would operate seven days a week between 11:00 am and 1:00 am and would have a total capacity of 123 patrons.

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.pdf icon Regional District of Central Okanagan Regular Board Meeting Minutes – January 15, 2007 (Pg. 7)
b) Report regarding an application for a new liquor-primary license for Azura Management (Kelowna) Corp. (applicant) located at 6808 Westside Road (La Casa Landing) (LL-06-02) (All Directors)
The Planning Services report dated December 1, 2006, outlined the liquor license application.
#14/07 DINWOODIE/KNOWLES
THAT the Regional Board support Liquor Licence application LL-06-02 for a Liquor Primary Licence for Azura Management (Kelowna) Corp. in the C5 Campground, Cabin, and Motel Commercial Zone, subject to the following:
• In accordance with the revised site and parking plan (dated October 10, 2006);
• The proposal is in general accordance with the “Ridgeview House” floor plans submitted by Garry Tomporowski Architect (received May 18, 2006);
• The Application Summary submitted is consistent with the Liquor Control and Licensing Branch;
• That the application is consistent with form and character development permit approved under DP-97-920.
AND FURTHER THAT the Regional Board resolution and the January 5, 2007 report be forwarded to the Liquor Control and Licensing Branch in Victoria.
CARRIED

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C.H. GOLF LTD.

PLANS DEPOSITED

C.H. Golf Ltd., doing business as Ridgeview R.V. Resort & Marina, hereby gives notice that an application has been made to the Minister of Fisheries and Oceans under the Navigable Waters Protection Act, R.S., 1985, Chapter N-22, for approval of the plans and site of the work described herein. Under section 9 of the said Act, C.H. Golf Ltd. has deposited with the Minister of Fisheries and Oceans, at Vancouver, British Columbia, and in the Office of the District Registrar of the Land Registry District of Yale, at Kamloops, British Columbia, under Deposit No. KAP 61279, a description of the site and plans of a marina and breakwater facility in Okanagan Lake, at the foot of 6808 Westside Road N, Fintry, British Columbia.

Written objections based on the effect of the work on marine navigation or the environment should be directed, not later than one month from the date of publication of this notice, to the Director General, Operational Programs, Navigable Waters Protection Division, Canadian Coast Guard, Department of Fisheries and Oceans, 300-555 West Hastings Street, Vancouver, British Columbia V6B 5G3.

Kelowna, March 12, 1998

WILLIAM L. STEWART
President

http://www.gazette.gc.ca/archives/p1/1998/1998-03-28/html/misc-divers-eng.html#i2

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Highlights of the Regional Board Meeting– December 13, 2004

.pdf icon Westside Road Development Permit Dec 13, 2004
The Regional Board has approved a Development Permit for a 38-hectare Resort along Westside Road. Azura Management Corp. proposes building up to 487 tourist cabins on existing bare-land strata lots at the present RV resort, south of Fintry Provincial Park.

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Pacific Condominium Association - are composed of actual
council members and owners,

while the C.H.O.A. are paid, and most directors are Real Estate Board Members. A
definite conflict of interest.

There's a new site
http://stratawatch.ca/ that seems worth keeping an eye on.

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Adv. Plan Comm. ] Alt. Approval ] Ambulance ] Argo Road ] BC Hydro ] Budget 2010 ] Budget 2011 ] Budget 2012 ] Budget 2013 ] Budget 2014 ] Budget 2015 ] Building Inspection ] Build Laws - BC ] Build Laws - RDCO ] Building Violations ] COW Elect 08 ] COW Elect. 11 ] Director Edgson ] Dogs ] Easement Roads ] EDC ] Elect. Boundary ] Environ. Advisory ] ESS ] Finance ] Fintry Develop ] Fintry Park ] Fire Boat ] Fire Bylaws ] Fire Dept. ] Fire Dept FOI ] Fire Hydrants ] Fire Minutes ] Fires House ] FOI Act ] Friends Fintry ] Garbage ] Garbage Area ] Garbage Bylaws ] Garb Comment 08 ] Garbage Contract ] Garbage Finance ] Garbage FOI ] Garbage FOI ] Garbage La Casa ] Garbage Locker ] Garbage Minutes ] Garbage NOWESI ] Garbage Ombudsman ] Garbage Questionaire ] Garbage Secret ] Garbage Solution ] Garbage Survey ] Garbage Traders ] Governance Wide ] Government ] Helicopters ] History ] Killiney Hall ] Killiney Park ] La Casa ] Motorized Rec. ] NW OCP ] NWCA ] NWCA FOI ] NW Parks ] OKIB ] OKIB Logging ] OKIB Road ] OKIB Tax ] Peacocks ] Police Tax ] Property Tax ] RDCO ] RDCO Dog Minutes ] RDCO Jokes ] RDCO Policy ] RDCO Regs ] Report Animals ] Septic Systems ] Subdiv. History ] T. Mtn After Fire ] Terrace Mnt. Fire ] Trench Burner ] Vote Box ] Water Budget 08 ] Water Budget 09 ] Water Budget 10 ] Water Bylaws ] Water Construct ] Water FOI ] Water Grants ] Water Judgements ] Water Laws ] Water Meters ] Water Minutes ] Water Rates ] Water Right-of-Way ] Water Survey ] Water System ] Water VOS ] Water VOS Pics ] Water Well Data ] Water Wells ] Westside Road ] WR Development ] WR Incorporation ] WR Overpass ] WRIC ] Zoning Bylaw 66 ] Zoning Bylaw 1981 ] Zoning Bylaw 871 ]

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