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

Valley of the Sun Development

located along Westside Road BC adjacent to Okanagan Lake BC

in Central Okanagan West

LAST UPDATE January 25, 2015

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

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This is a notice of application for rezoning / OCP amendment for a 37 lot subdivision in front of Valley of the Sun near Fintry.  This property is located next to Westside Road BC, and is on the upper side of Westside Road.

The notice of application sign was posted May 8, 2010 and it says to amend the OCP from Large Holding to Rural Residential and Residential Low Density and to amend the zoning from RU2 to RU3  RU4 and RU5 in order to permit a rural residential subdivision of 37 lots.

Applicant L. Kubas, K. Koop, H Kraus c/o Smartplans Ltd.

File No. Z10/01

This is a notice of application for rezoning / OCP amendment for a 37 lot subdivision in front of Valley of the Sun near Fintry
click notice to read larger print

As information is received in regards to this development application, we will post it here.

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July 2, 2010 Lonny Kubas phoned okanaganlakebc.ca to say that his subdivision was not approved by the Regional Board.  He said he spent a lot of money on the plans designing what has been designed so far and he doesn't want to throw all that money away and start with an entirely new subdivision plan.  He said he is willing to alter his plan a little if need be like maybe moving the park or something, but that he is in keeping with lot sizes existing in the immediate area.  He said he is hoping to have support from Valley of the Sun/Upper Fintry/Shalal Road/Lower Fintry water system in order to submit the same plan as a new development permit some time down the road when legally able to.  There is a statutory waiting period now before a new permit can be applied for.  Lonny Kubas said he is willing to throw in extra money towards joining in with residents on the water system to help bring the cost down for residents if they support his development and support his development joining in on the water system.  He said he will submit a survey to residents to see if residents support his development plans before proceeding to his next steps trying to secure Regional Board approval and most likely this survey will include a cost estimate of the savings on the water system that residents may see if he joins.  He feels the savings to residents was missing from the meeting and that this may have affected the outcome of his development permit application.  He said the new OCP won't be complete for a few years yet and that he doesn't want to wait that long for the new OCP to be complete and so his next step is to try and secure support from the local residents.

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click here for help
with the audio files
Click here to get help on how to listen to the audio files.

Windows Media File Icon (.wma) audio 22.3 MB of the June 28, 2010 Regional District of Central Okanagan Regular Board meeting in regards to Kubas subdivision development proposal of 37 homes next to Valley of the Sun.  The Regional District denied the subdivision application because it does not conform to the North Westside Road Official Community plan bylaw in regards to urban sprawl and the new Strategic Plan has not yet been completed.  Also there is concern about more traffic on Westside Road.  The Board does not want to set a precedent altering the OCP in the North Westside Road area.  Director Jim Edgson said he spoke with the Valley of the Sun/Upper Fintry/Shalal Road water system engineers and the two wells at Lower Fintry will supply enough water for Kubas subdivision.  Director Jim Edgson said he read the new OCP in its entirety and that nothing has changed from the old OCP to the new OCP and that they are basically one in the same.  Kubas subdivision planner was asked if Kubas subdivision joins up with Valley of the Sun/Upper Fintry/Shalal Road water system, if Kubas would be willing to give up the rights to the Regional District of his right of way and water license for a backup water system.  Kubas planner said Kubas was willing to do this if Kubas subdivision could join in on the water system and that Kubas would contribute to the cost of Valley of the Sun water system.  If Kubas is not permitted to join in on the water system, then Kubas has the finances to built a private water and sewer system the planner said.  Councillor Michelle Rule asked if this water system would help bring the cost of the water system down for Valley of the Sun/Upper Fintry/Shalal Road and the answer she was given from staff was yes this would help bring the cost down.
TOO BAD THIS APPLICATION WAS DENIED!
Windows Media File Icon Valley of the Sun / Growing (.wma) 156 KB - June 28, 2010 Laughing Smiley  RDCO Vice Chair and Mayor of Lake Country James Baker

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.pdf icon Subdivision and Development Servicing Amendment Bylaw No. 1216, 2007 - Amends Bylaw No. 704

.pdf icon Subdivision and Development Servicing Amendment Bylaw No. 1181, 2006 - Amends Bylaw No. 704

.pdf icon Subdivision and Development Servicing Amendment Bylaw No. 1168, 2006 - Amends Bylaw No. 704

.pdf icon Subdivision and Development Servicing Amendment Bylaw No. 1163, 2006 - Amends Bylaw No. 704

.pdf icon Subdivision and Development Servicing Amendment Bylaw No. 1153, 2006 - Amends Bylaw No. 704

.pdf icon Subdivision and Development Servicing Amendment Bylaw No. 1064, 2003 - Amends Bylaw No. 704

.pdf icon Subdivision and Development Servicing Amendment Bylaw No. 1046, 2003 - Amends Bylaw No. 704

.pdf icon Subdivision and Development Servicing Amendment Bylaw No. 940, 2001 - Amends Bylaw No. 704

.pdf icon Subdivision and Development Servicing Amendment Bylaw No. 898, 2000 - Amends Bylaw No. 704

.pdf icon Subdivision and Development Servicing Amendment Bylaw No. 810, 1999 - Amends Bylaw No. 704

.pdf icon Subdivision and Development Servicing Bylaw No. 704, 1996 - Repeals Bylaw No. 464, Amended by Bylaw Nos. 810, 898, 930, 940, 1046, 1168, 1181

.pdf icon Subdivision Servicing Bylaw No. 464, 1991 - Repealed by Bylaw No. 704

.pdf icon Subdivision Servicing Bylaw No. 82, 1974 - Repealed by Bylaw No. 464

All of RDCO's bylaws in Alphabetical Order
Check to see if there have been any newer bylaws or bylaw amendments since these bylaws were posted here.

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This is another applicant from Trepanier that was turned down Sept 9, 2010 agenda due to the OCP not being complete.

okanaganlakebc.ca feels it is wrong of RDCO to put development applicants on hold due to RDCO and how fast they complete the OCP... its just not fair in the least.

These people have been put off by RDCO since August 24, 2009, and now RDCO has made them apply for an extension???

It states, "Planning staff did not support the application in recognition of the above noted Board policy.
Notwithstanding, the Board recognized that a formal planning study would likely be commencing
in the near future, therefore on August 24, 2009 a motion was passed deferring a decision on the
amending bylaws until such time as the fire protection study and the Official Community Plan is
completed for the Trepanier area.

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Here is a map "schedule A" of Lonny Kubas subdivision development proposal next to Valley of the Sun along the west side of Westside Road and overlooking Okanagan Lake.

May 16, 2010 we talked to Lonny Kubas (proposed development of 37 homes at the front of Valley of the Sun) and he says he prefers to join the two well water system at Lower Fintry Delta being built for Upper and Lower Fintry/Valley of the Sun/Shalal Road if the Regional District of Central Okanagan will permit him to.

Lonny said he is considering two storey homes with fire resistant exteriors.

We found this website which is another development in Manitoba developed by Lonny Kubas and Associates called Creekside Properties.  One of the big selling points is that Creekside worked alongside Manitoba Hydro to develop the first completely "power smart" community in the province.

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RDCO Consolidated Zoning Bylaw # 871 explains what RU3, RU4, and RU5 mean.
6.3 Rural 3
Purpose: to accommodate rural residential, limited agricultural,
and limited home industry uses on parcels of land that are 1
hectare or greater and located outside the Land Reserve.
PERMITTED USES TABLE FOR RU3 ZONE

6.3.1 Permitted uses, buildings and structures:
.1 Agriculture excluding intensive agriculture;
.2 Single detached house;
.3 Hobby kennel;
.4 Home based business, standard; (see Section 3.19)
.5 Bed and breakfast accommodation; (see Section 3.23)
.6 Accessory buildings and structures. (see Section 3.17)
.7 Greenhouses

6.3.2 Minimum parcel area 1.0 ha (2.47 acres)

6.3.8 Minimum setbacks from the parcel line for:
.1 hobby kennel - 15.0 m (49.2 ft.)
.2 buildings housing animals - 15.0 m (49.2 ft.)
.3 greenhouses - 15.0 m (49.2 ft.)

6.3.14 Maximum building height:
.1 Principal buildings - 3 storeys to a maximum of 9.0 m
(29.5 ft.)

from page 42 Regional District of Central Okanagan Consolidated Zoning Bylaw 871

 
6.4 Country Residential
Purpose: To accommodate rural residential, limited agricultural,
and limited home industry uses on parcels of land that are 0.5
hectare or greater and located outside the Land Reserve.
PERMITTED USES TABLE FOR RU4 ZONE
6.4.1 Permitted uses, buildings and structures:
.1 Agriculture excluding intensive agriculture;
.2 Single detached house;
.3 Hobby kennel;
.4 Home based business, standard; (see Section 3.19)
.5 Bed and breakfast accommodation; (see Section 3.23)
.6 Accessory buildings and structures. (see Section 3.17)
.7 Greenhouses

6.4.2 Minimum parcel area 0.5 ha (1.24 acres.)

6.4.8 Minimum setbacks from the parcel line for:
.1 hobby kennel - 15.0 m (49.2 ft.)
.2 buildings housing animals - 15.0 m (49.2 ft.)
.3 greenhouses - 15.0 m (49.2 ft.)

6.4.14 Maximum building height:
.1 Principal buildings - 3 storeys to a maximum of 9.0 m
(29.5 ft.)

from page 43 Regional District of Central Okanagan Consolidated Zoning Bylaw 871

 

6.5 Small Lot Country Residential
Purpose: To accommodate rural residential and limited home
industry uses on smaller parcels of land that are 2500 square
metres or greater and located outside the Land Reserve.
PERMITTED USES TABLE FOR RU5 ZONE
6.5.1 Permitted uses, buildings and structures:
.1 Single detached house;
.2 Home based business, standard; (see Section 3.19)
.3 Bed and breakfast accommodation; (see Section 3.23)
.4 Accessory buildings and structures. (see Section 3.17)

6.5.2 Minimum parcel area 2,500 m2 (26,911 sq. ft.)

6.5.12 Maximum building height:
.1 Principal buildings - 3 storeys to a maximum of 9.0 m (29.5
ft.)
.2 Accessory uses, buildings and structures (see Section 3.17) - 5.0 m (16.4 ft.)

from page 44 Regional District of Central Okanagan Consolidated Zoning Bylaw 871

 

KENNEL means a hobby kennel or a service kennel.

KENNEL, HOBBY means premises on which 3 to 20 dogs are kept or are intended to be kept [Note: see Regional District of Central Okanagan Dog Control By-Law].

KENNEL, SERVICE means premises on which more than 20 dogs are kept or are intended to be kept [Note: see Regional District of Central Okanagan Dog Control By-Law].

from page 90 Regional District of Central Okanagan Consolidated Zoning Bylaw 871

 

HOME BASED BUSINESS means a business use which is accessory to the principal residential use of a building or parcel.

from page 89 Regional District of Central Okanagan Consolidated Zoning Bylaw 871

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

3.19 Home Based Business, Standard

A standard home based business is subject to the following regulations:

1. A standard home based business is an accessory use that shall only be conducted within the principal residential building (and accessory home where permitted) and within up to one accessory building.

2. A standard home based business shall not occupy more than 25% of the floor area of the principal building, and in no case shall the combined area of the principal building used for the business and an accessory building used for the business exceed 50 m2 (538.2 sq. ft.).

3. The standard home based business shall not be operated in a manner that routinely generates more than 3 client visits at any one time.

4. The occupant shall be the operator of the home based business. No more than one person in addition to the residents of the principal residence where the standard home based business is being operated , shall work on the parcel in which the standard home based business is located.

5. A standard home based business:

a) shall not create a hazardous or dangerous condition for the neighbourhood or the environment;
b) shall not generate sound from machinery at the parcel line of the parcel on which the home based business is located;
c) shall not produce light in excess of 4 Lux outside the parcel on which the home based business is located;
d) shall not produce odour, smoke or dust;
e) shall not produce interference with radio, television, telephone or other electronic or communications device, where the interference is detectable on such a electronic or communications device located beyond the parcel line of the parcel on which the home based business is located.

6. A standard home based business is permitted to have one non-illuminated sign to a maximum size of 3000 cm2 (465 sq. in.) attached to the principal residence or located a minimum of 1.5 m (4.9 ft.) from any parcel line.

7. No exterior storage of materials associated with the standard home based business shall be permitted.

8. No exterior evidence of the home occupation shall be visible from outside the parcel on which the home based business is located, except for a permitted sign.

9. Retail sales shall not be permitted in a standard home based business except for:

a) Products incidental to a service being provided;
b) Mail order sales;
c) Telephone sales or sales where the customer does not enter the premises
to inspect or pick-up goods;
d) Direct distributorships where customers do not enter the premises to
inspect, purchase or pick-up goods;
e) Products produced on the site.

10. A standard home based business use shall not include:

a) The repair or painting of vehicles, trailers, boats, commercial equipment, and industrial equipment;
b) Welding or machine shops;
c) Spray painting or spray coating operations.
[Please check the list of permitted uses in each zone category to determine the type of home based business permitted. The operator of a home based business shall be required to hold a valid business license with the Regional District.]

from page 23 Regional District of Central Okanagan Consolidated Zoning Bylaw 871

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BED AND BREAKFAST ACCOMMODATION means a use within a single detached dwelling that provides temporary lodging for tourists and visitors where guest rooms are rented for rental periods of less than one month.

from page 81 Regional District of Central Okanagan Consolidated Zoning Bylaw 871

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3.23 Bed and Breakfast Accommodation

A bed and breakfast accommodation is subject to the following regulations:

1. A bed and breakfast accommodation shall only be conducted within the principal single detached house.
2. A bed and breakfast accommodation shall be an accessory use.
3. No more than 4 guest rooms are permitted in a bed and breakfast accommodation.
4. No guest room in the bed and breakfast accommodation shall have an area of more than 30 m2 (323 sq. ft.); a separate or ensuite washroom are not included as part of the area of the guest room.
5. No exterior evidence of the bed and breakfast shall be visible from outside the parcel on which the bed and breakfast is located, except for a permitted sign and the required parking.
6. A bed and breakfast accommodation is permitted to have no more than one sign to a maximum size of 3000 cm2 (465 sq. in.), located on the single detached house or at least 1.5 m (4.9 ft.) from any parcel line.
7. One parking space per guest room is required in addition to those required for the principal dwelling.
8. A bed and breakfast is not permitted in conjunction with a secondary suite.

[Note: To determine if Bed and breakfast accommodation is permitted in a particular zone, please check the list of permitted uses in each zone category.

[Note see section 3.7 for limitations on parking areas in the front setback. Also note the definition of parking space]

[Note: A bed and breakfast home shall comply with the BC Building Code and other fire and health regulations.]

from page 29 Regional District of Central Okanagan Consolidated Zoning Bylaw 871

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ACCESSORY BUILDING OR STRUCTURE means a detached building or structure located on the same parcel or site as the principal building, the use of which is subordinate, customarily incidental, and exclusively devoted to that of the principal building.

from page 79 Regional District of Central Okanagan Consolidated Zoning Bylaw 871

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3.17 Accessory, Buildings and Structures

1. No accessory building or structure shall be permitted on any parcel unless the principal building or structure is established on the parcel.
2. No person shall attach an accessory building to a principal building unless the accessory building meets the regulations for the principal building.
3. On a parcel in an R or R3 zone, the size of accessory buildings shall not exceed a total floor area of 100 m2, including all floors.
4. On a parcel in an R or R3 zone, no more than three accessory buildings or structures are permitted in addition to the following accessory buildings and structures: domestic water pump houses, and swimming pools and auxiliary equipment.
5. No accessory building or structure is permitted in a required front setback, or corner side setback.
6. Except where setbacks and/or buffering from the Agricultural Land Reserve is required, an accessory building or structure may be located within a required rear setback or side setback, but if it exceeds 2.0 m (6.6 ft.) in height it shall have a minimum of 1.0 m (3.3 ft.) setback from a side or rear parcel line.
7. Outdoor storage is not permitted as a use on a parcel in the C1 zone.

from page 20 Regional District of Central Okanagan Consolidated Zoning Bylaw 871

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Land Title Act
[RSBC 1996] CHAPTER 250
This Act is Current to May 26, 2010
Part 7 — Descriptions and Plans

Principles guiding approving officer
101 (1) In considering an application for approval of a subdivision under section 99, the approving officer must be guided by the principles and requirements set out in this Act applicable to the examination of subdivisions made by subdivision plan.

(2) An application for approval must be accompanied by the prescribed fee.

(3) If the approving officer refuses to grant approval, or if approval is not granted within 2 months after the date the application is tendered to the approving officer for approval, the owner of the land is entitled to make an application in the nature of an appeal to the Supreme Court in the same manner as is provided in section 89 for the nonapproval or rejection of a subdivision plan.

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This portion of the Regional Board Agenda 6.9 June 28, 2010 talks about this new development joining with Valley of the Sun / Upper Fintry and Shalal Road water system.
COW Directors own hand picked Neighbourhood Association is what it was.
COW Director Jim Edgson made sure that certain people were excluded from the water committee because a couple people said they were opposed to certain people being on the water committee.  This was not fair in the least.  In our opinion COW Director Jim Edgson did not want anyone opposed to the water system to be on the water committee (Neighbourhood Association) so he made sure of that.  Valley of the Sun water system is all a one sided story in at least one residents opinion.

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Drinking Water Program

New Drinking Water Legislation Now in Force

The Drinking Water Program provides expert advice to Health Authorities, and develops legislation, guidelines and policies on drinking water

The amended Drinking Water Protection Act and regulations came into force on May 16, 2003, replacing the Safe Drinking Water Regulation under the Health Act. These new measures governing drinking water from “source to tap” will better protect the health and safety of British Columbians.

Drinking Water Protection Act [SBC 2001] c. 9 - from BC Laws (At the time of posting this link it said "This Act is Current to September 1, 2010")

200/2003: Drinking Water Protection Regulation - from BC Laws (At the time of posting this link it said, "includes amendments up B.C. Reg. 363/2008, December 4, 2008")

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.pdf icon June 28, 2010 Highlights of the Regional District of Central Okanagan Regional Board Minutes

OCP - Rezoning Application Not Supported

The Regional Board did not give first reading to a proposed Official Community Plan and Rezoning Application for an 18.6-hectare parcel in the Central Okanagan West Electoral Area adjacent to Firwood and Westside Roads. The Board agreed with staff that the application to create a rural residential subdivision of 38 lots is not consistent with either the North Westside Official Community Plan or the Regional Growth Strategy to limit urban sprawl. It is also concerned that the application would not meet the water service and sewage treatment requirements of the Regional District Subdivision and Servicing Bylaw.

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.mp3 file icon - click here for help with audio Audio of the entire Regional Board Meeting - Audio_Brd_June 28_10.mp3 (177 MB)

Windows Media File Icon - click for help with audio June 28, 2010 audio of RDCO Board meeting only about Kubas Development proposal .wma (22.3 MB)

June 28, 2010 Regional District of Central Okanagan Regional Board Meeting Agenda

Item 6.9 Offical Community Plan - Zoning Amendment Bylaws - Firwood Road.pdf

*This is not the entire contents of the 31 pages so click link above for the entire agenda

Agenda No: 6.9 i), ii)
Mtg Date: June 28, 2010
REGIONAL DISTRICT of CENTRAL OKANAGAN
Development Services

DEVELOPMENT SERVICES DEPARTMENT REPORT
For the Board June 28th, 2010
TO: Chair & Members of the Regional Board
FROM: Ron Fralick, Planner I
DATE: June 21 st, 2010
SUBJECT: Official Community Plan Amendment Bylaw No. 785-19 & Zoning Amendment
Bylaw No. 871-206 (Application Z1 0/01)
(L. Kubas, K. Koop, & H. Kraus - owners/Smart Plans Ltd. - agent)
LOCATION: Adjacent to Firwood and Westside Roads (Central Okanagan West Electoral Area)
LEGAL: District Lot 2923, ODYD Except Plans B1736 and 35052

RECOMMENDATION:
1. THAT Official Community Plan Amendment Bylaw No. 785-19 & Zoning Amendment Bylaw No. 871-206, application Z10/01 not be given first reading;

2. AND FURTHER THAT should the Board feel that the proposal warrants further consideration, that first reading be deferred pending;
- Confirmation from a qualified consulting engineer that the subdivision proposal can meet servicing requirements (ie: community water and sewer) of Regional District Subdivision and Development Servicing Bylaw No. 704;
- Identification and acceptance of parkland dedication requirements in accord with Sec. 941 of the Local Government Act to satisfaction of Parks Department staff.

PURPOSE:
To amend the land use designation of the North Westside Official Community Plan on a portion of the property from Large Holding to Rural Residential and Residential Low Density, and to amend the zoning on part of the property from RU2 Rural 2 to RU3 Rural 3, RU4 Country Residential, and to RU5 Small Lot Country Residential. In accordance with the bylaw amendments, the applicants propose a rural residential subdivision consisting of thirty-four RU5 zoned lots, two RU4 zoned lots, one RU3 zoned lot, and a remainder RU2 zoned lot.

POLICY:
Policy #2 of the Agriculture and Large Holding section of the North Westside Official Community Plan states, 'In consideration of limited community services, infrastructure, and existing land available for development, zoning amendment applications to further subdivide rural parcels for residential development will not be supported.'

RATIONALE:
> North Westside OCP policy does not support rezoning to allow further subdivision of rural parcels for residential development.
> The proposal is not consistent with direction of the Regional Growth Management Strategy to limit urban sprawl. Major review and updating of the RGS will commence in the near future and it is likely that growth containment areas will be identified during this process.
> Significant development proposals that require amendments to the Official Community Plan should not be considered until such time as clear direction for future growth is provided through updating of OCP land use policies and completion of the RGS review and update.
> Approval of the application would set an unwanted precedent for other applications within the North Westside OCP area requesting rezoning of properties designated Large Holding.
> It does not appear that the proposal as submitted will fully meet servicing requirements of Regional District Subdivision and Development Servicing Bylaw No. 704. Variances to servicing standards for significant new development should not be considered or supported.
> North Westside OCP environmental review and update has commenced; development applications of this magnitude should not be considered prior to completion of the review and update.

BACKGROUND:
The proponent's originally requested that the Official Community Plan (OCP) and zoning be amended to allow a much higher density development of approximately 115 residential units consisting of single family, duplexes, triplexes and townhouses. Planning staff advised the landowners and their agent in writing in November of 2009 that due to land current land use
policy of the OCP and direction of the Regional Growth Management Strategy to limit urban sprawl, we would not be in support of the application.

The proponent's subsequently revised the OCP amendment and rezoning application to the current proposal which identifies a rural residential subdivision (bare land strata) consisting of thirty-four RU5 zoned lots, two RU4 zoned lots, and one RU3 zoned lot. Notwithstanding the proposed changes and reduction of density, Planning staff reiterated that we would not be
supporting the revised application for similar reasons that were outlined in our letter of November 13, 2009.
The landowners made the decision to proceed with the OCP/rezoning application and the proposal was forwarded to agencies for comment on April 7, 2010.

Additional information regarding the proposed development is contained in the attached report entitled, "Firwood Road Strata Proposal D.L. 2923, ODYD" prepared by the applicant's agent (dated March 5, 2010).

RELEVANT INFORMATION:
Owner: L. Kubas, K. Koop, & H. Kraus
Agent: Smart Plans Ltd. c/o Mike Brown
Mailing Address: 4480 Walker Road, Kelowna, B.C., V1W 1Z6
Lot Size: 18.6 ha (46 acres)
Zoning: RU2 Rural 2
OCP: Large Holding
Existing Use: Vacant
Sewage Disposal: On-site sanitary treatment facility
Water Supply: Proposed strata owned water treatment plant (option of potentially connecting to a new water system proposed by RDCO for Valley of the Sun area)
ALR: Not within the ALR
Fire Protection: Within the North Westside Road Fire Protection Area
Surrounding Uses:
     North: RU2 zoned parcel (rural residential)
     South: Crown land - Fintry Provincial Park
     East: Westside Road/rural residential
     West: Valley of the Sun rural residential subdivision

AGENCY REFERRALS:

Environmental Services staff notes that any subdivision under the proposed RU3, RU4, and RU5 zones will be required to be serviced by a water distribution system in accord with RDCO Subdivision and Development Servicing Bylaw No. 704. Lots proposed under the RU4 and RU5 zones require a community sewer system to be constructed and installed in accord with Bylaw No. 704.

A water system as defined under Bylaw No. 704 (as referred to in the Safe Drinking Water Reg. pursuant to the Health Act) (funny that RDCO should mention the Safe Drinking Water Reg pursuant to the Health Act because the amended Drinking Water Protection Act and regulations came into force on May 16, 2003, replacing the Safe Drinking Water Regulation under the Health Act.) is to be owned, operated, and maintained by the Regional District or an improvement district. The Regional District will not own, maintain, and operate a private system for a strata subdivision. As well, the Regional District will not operate and maintain a sewer system for a private strata development.

Engineering staff also recommends that the developer contribute funds toward off-site road improvements and toward the volunteer fire department. The landowners have signed the appropriate developer contribution letter.

The Parks Department indicates that further to an on-site visit and review of parkland opportunities in the North Westside area, they wish to pursue dedication of a specified park area in accord with provisions of Section 941 of the Local Government Act. Recognizing that Planning staff is not in support of the application, and in the event that the Board wishes to consider the proposal, it is recommended that the park dedication issue be resolved to satisfaction of the Parks Department prior to first reading being granted.

The Chief Building Inspector advises that any issues will be dealt with at time of subdivision (ie: safe building sites).

The Central Okanagan West Advisory Planning Commission supports the application with the following conditions;
>- That preference is given for designated parkland instead of a cash-in-lieu agreement;
>- That the community sewer system meets Interior Health and Ministry of Environment requirements.
>- That the subdivision be connected to the Valley of the Sun, Upper Fintry, Fintry Delta and Shalal Road water systems currently under development in accord with Subdivision and Development Servicing Bylaw No. 704;

Interior Health indicates that the current Sewerage Disposal Regulation restricts the involvement of Interior Health on proposals where the daily sewerage flow is less than 22,700 litres. Should this proposal involve a community sewerage disposal system which exceeds 22, 700 litres / day, the Ministry of Environment will be responsible for plan checking and approval.

The Regional District Environmental Advisory Commission reviewed the application and raised a number of issues including; adequate supply of water for the area, potential difficulty in obtaining a water license for domestic water supply from Okanagan Lake, and wildlife corridors and identification of environmentally sensitive areas, including Lambert Creek and the associated gully.

The EAC noted that there are a number of concerns that have yet to be resolved and feel strongly that an environmental assessment should be completed as the gulley areas of Lambert Creek appear to be environmentally sensitive and require protection. The Commission would like to review this application again once more environmental information is received.

The RDCO Environmental Planner notes that the proposed rezoning is not consistent with the North Westside OCP or the Regional Growth Strategy in terms of sustainability objectives. Should the application proceed past 1st reading, the following conditions should be considered:
- Completion of an Environmental Impact Assessment (EIA) that meets the standards set out in the RDCO Terms of Reference for Professional Reports;
• The EIA would apply to the entire property, and also include any land areas affected through access to domestic water supply from Okanagan Lake;
• The EIA should address the matter of wildlife corridors including identified turtle crossings in the area;
• Additional comment on the proposal will be forthcoming after receiving the required EIA and conditions for further readings may be suggested;

- The proposed development should be required to be serviced by a community water distribution system and community sewer system;
- Completion of a Geotechnical Study that meets the standards set out in the RDCO Terms of Reference for Professional Reports and the criteria outlined in the OCP;
- Completion of a Wildfire Hazard Assessment that meets the standards set out in the RDCO Terms of Reference for Professional Reports and addresses recommendations in the Community Wildfire Protection Plan (CWPP);
- Completion of a Visual Quality Assessment that meets the standards set out in the RDCO
Terms of Reference for Professional Reports.

The City of Kelowna indicates that the property is not visible from the City, therefore their interests are unaffected by the proposal.

The Ministry of Environment's Ecosystem and Environmental Protection Sections indicates that development should adhere to guidelines in the provincial best management practices (BMP's) document: Develop with Care: Environmental Guidelines for Urban & Rural Land Development. The treatment and disposal of domestic waste water from a single system serving all the residences will likely require registration and compliance with the Municipal Sewage Regulation.

The proponent should contact the Environmental Protection Division for further information in this regard.

The Ministry of Tourism, Culture and the Arts (Archaeology Branch) note that provincial records do not indicate that the subject properties contain a known archaeological site. However, archaeological potential mapping of the area identifies the property as having significant potential to contain unknown archaeological sites. Given that the site exceeds 10 ha and that there are
archaeological sites recorded in the general vicinity, there is significant potential for unknown sites to exist on the properties.
The Heritage Conservation Act protects both known and unknown archaeological sites. Prior to any development, it is necessary for the applicant to obtain the services of a Qualified Consulting Archaeologist to determine whether an archaeological impact is warranted.

The Ministry of Forests and Range (First Nations Program) indicates that there are other First Nation Bands asserting traditional territories over the proposed application area. These bands include those represented by the Nicola Tribal Assoc., the NLAXA'PAMUX Nation Tribal Council, and the Esh'kn'em Cultural Resource Society. They also note that review of known archaeological sites indicates a high frequency of known sites in the vicinity of the application.

Westbank First Nation and the Ministry of Transportation and Infrastructure have not responded to date.

PLANNING STAFF COMMENTS:
As noted above, current land use policy of the North Westside OCP indicates that zoning amendment applications to allow further fragmentation of parcels within the Large Holdings designation will not be supported in consideration of limited community services, infrastructure and existing land available for development. Approval of the application would set an unwanted precedent for other applications within the North Westside OCP area requesting rezoning of properties designated Large Holding.

As the Board is aware, the North Westside OCP is currently under review 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 current draft mapping regarding the environmental update to the OCP, the subject property has been identified as having, Aquatic, Sensitive Terrestrial, Hillside, and Wildfire Development Permit Areas.
Development applications of this magnitude requesting OCP amendments should not be considered prior to completion of the review and update.

Planning staff reiterate that the proposal is not consistent with policy of the OCP and direction of the Regional Growth Management Strategy to limit urban sprawl. To this end we note the following General Growth Management policies that should be considered in context of development applications:

~ All local governments shall use appropriate tools to place greater emphasis on containing urban growth to Town Centres and those areas already fully serviced toward realization of Official Community Plan objectives;
~ Growth and redevelopment in existing settlement areas with full services will be supported prior to supporting growth and development elsewhere;

Urban development is to be directed away from hazardous areas, sensitive environmental areas, resource extraction areas and farmlands to reduce land use conflicts and development encroachments.

As the Board is aware, the Regional District has committed to completing a major review and update of the Regional Growth Strategy (RGS). This initiative will commence in the near future and it is likely that growth containment areas will be identified during the review process.

Significant development proposals that require amendments to the Official Community Plan should not be considered until such time as clear direction for future growth is provided through updating of the OCP land use policies and completion of the RGS. It is noted that significant land within the North Westside area is currently available for development to satisfy growth
requirements over the foreseeable future. These lands are already subdivided, zoned, or under Land Use Contracts. In addition, the proposed residential development of Rockchild Landing has received Board endorsement and is currently at third reading.

With respect to servicing, Planning staff remains uncertain as to whether the proposed Sewerage Disposal System will meet requirements of the Ministry of Environment and Regional District Subdivision and Development Servicing Bylaw No. 704. As noted earlier, the Regional District will not operate and maintain a sewer system for a private strata development.

While the Regional Board has considered and supported previous OCP amendment/rezoning applications under the Large Holding designation, there have been either extenuating circumstances, or public benefit/amenity issues associated with these applications. Planning staff has been consistent with recommendations to the Board based on land use policy of the North
Westside OCP and have not supported any of these applications. As noted earlier, Planning staff advised the landowner's and their agent that the proposal is not in keeping with land use policy of the OCP and with Regional Growth Management Strategy to limit urban sprawl and that staff would not be supporting the application.

The Development & Environmental Services Department recommends that the OCP and Zoning Amendment Bylaws not be given first reading. Should the Board feel that the application warrants consideration, Planning staff recommends that first reading be deferred pending resolution of a number of issues as noted in the Recommendation section at the beginning of the report.

Respectfully submitted,
Ron Fralick, MCIP
Planner I

Dan Plamondon, Director of Development Services

Attach
RF/jt

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Appendix 5 subdivision plan


click for larger image

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Schedule A Bylaw 871-206 Kubas Development

RDCO bylaw 871-206 Kubas Valley of the Sun Development of 37 homes
click for larger image

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EXECUTIVE SUMMARY

This Bareland Strata subdivision proposal is summarized as follows:

1. The site was completely burned in 1998, it is devoid of fuels. An unburned area with trees and gullies is purposely omitted from this proposal.
2. Thirty five (35) new lots are created on a flat gravel plateau, and 2 new lots are created on a rock knoll.
3. The site is adjacent to the Valley of the Sun Neighbourhood.
4. It is an infill development on the existing service corridor (e.g. water, school bus, mail) between Valley of the Sun and Fintry. As such, impact on existing services is minimal.
5. An earlier, higher density submission has been reduced in density to harmonize the development with surrounding neighbourhoods.
6. Architectural controls will further insure a quality of development that makes existing neighbourhoods pleased with its addition to the community. Controls will also require exterior cladding and roofing to be of non-combustible materials.
7. Water supply will be entirely self sufficient. As an option, and if requested by RDOC, the subdivision could financially participate in the current community water improvement program underway for the neighbouring communities.
8. The developer can make its water easement to Okanagan Lake available to RDOC at no cost whether or not RDOC seeks the involvement of this project in the current community water supply program.

9. Sanitary Treatment will meet or exceed provincial standards. Assurance of service continuity is provided by duplication of necessary plant and field components. The Strata must, under MOE regulations, hire a licensed practitioner to maintain all plant equipment and fields.
10. No Roads or lanes will be visible from Okanagan Lake or District of Lake Country.
11. The Subdivision does not require access to Westside Road. Subdivision access and emergency egress is limited to Firwood Road.

APPLICATION DETAILS
Managing Property Owner: Mr. Lonny Kubas
Phone & Email: 1-204-794-9819 (cell). lonnykubas "at" hotmail.com
Address: Suite 1404, 92 Crystal Shores Rd., Okotoks, AB, TlS 2M8
Agent: Smartplans Ltd., Michael Brown, M.C.I.P.
Phone & Email: (250)764-5263(bus). (250)808-5253(cell). smartplans "at" shaw.ca
Address: 4480 Walker Rd., Kelowna, BC, V1W 1Z6
Property Description: D.L. 2923, O.D.Y.D., Except Plans B1736 & 35052
Property Identifier: 011-396-776
Site Area: 18.6 ha, (46 ac.)
OCP: Large Land Holding
Zoning: RU 2
Existing Zoning Provisions: Minimum Lot Area 4.0 ha (9.88 ac.); permitted uses include one residence and other typical agricultural/rural type uses.
Purpose of these Applications: This application is requesting an amendment to the Westside OCP and Zoning Bylaw 871 to permit a low density residential development at the north end of Fintry. It is located at the intersection of Westside Road and Firwood Road, and abuts Valley of the Sun subdivision.

The proposal creates 37 new lots, developed using the RU5 density of 2500m2. (0.61 ac.) for 34 lots, RU4 density of 0.5 ha (1.24 ac.) for 2 lots, and RU3 density of 1.0 ha (2.47 ac.) for 1 lot. The remaining 4.0 ha parcel is not part of the application; it will remain in the current RU2 zone.

Proposed Servicing: The subdivision will have a privately owned sanitary treatment plant and water treatment facility. All services will be owned by the strata corporation. The Developer would consider inter-connecting to the "Upper Fintry/Valley of the Sun" water system if that approach is preferred by the Regional District and local residents.

PROPERTY LOCATION AND DESCRIPTION
Location
The 46 acre property abuts Westside road at the north end of Fintry. It is dissected by Firwood Road. The majority of the property lies north of Firwood Road, and a smaller portion lies to the south of Firwood. Valley of the Sun abuts the site on the western border.

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

The developer would consider inter-connecting to the "Upper Fintry/Valley of the Sun" water system if that approach is preferred by the Regional District and local residents.

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RDCO Consolidated Subdivision Bylaw 704.pdf

Consolidated Zoning Bylaw No. 871.pdf

Consolidated OCP Westside Road.pdf

RDCO Consolidated Sewer Systems Bylaw 1171.pdf

Consolidated Water System Bylaw 1268.pdf

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.mp3 file icon - click here for help with audio Audio of the entire Regional Board Meeting - Audio_Brd_June 28_10.mp3 (177 MB)

Windows Media File Icon - click for help with audio June 28, 2010 audio of RDCO Board meeting only about Kubas Development proposal .wma (22.3 MB)

June 28, 2010 Regional District of Central Okanagan Regular Board Meeting Minutes

Bylaws: (First Reading) (Unweighted Vote)

6.9 i) Official Community Plan Amendment Bylaw No. 785-19 for L. Kubas, K. Koop, H. Kraus (owners) and Smartplans Ltd. (agent) to amend the North Westside Official Community Plan from Large Holding to Rural Residential and Residential Low Density located adjacent to Firwood Road and Westside Road (Central Okanagan West Electoral Area )(All Directors).

Staff report dated June 21, 2010 outlined an OCP and Zoning Amendment to amend the land use designation of the North Westside Official Community Plan on a portion of the property. Staff reviewed the application and rational for non-support
including:
• North Westside OCP policy does not support rezoning to allow further subdivision of rural parcels for residential development.
• The proposal is not consistent with direction of the Regional Growth Management Strategy to limit urban sprawl.
• Significant development proposals that require amendments to the Official Community Plan should not be considered until such time as clear direction for future growth is provided through updating of OCP land use policies and completion of the RGS review and update.
• Approval of the application would set an unwanted precedent for other applications within the North Westside OCP area requesting rezoning of properties designated Large Holding.
• It does not appear that the proposal as submitted will fully meet servicing requirements of Regional District Subdivision and Development Servicing Bylaw No. 704. Variances to servicing standards for significant new development should not be considered or supported.
• North Westside OCP environmental review and update has commenced;
development applications of this magnitude should not be considered prior to completion of the review and update.

FINDLATER/EDGSON
THAT the Board hear from the applicant's agent, Mr. Mike Brown.

CARRIED

Mr. Brown addressed the Board highlighting why he believes the Board should consider the application.

- Believes the development is a positive addition to the existing Valley of the Sun subdivision.
- Area to the north would remain under existing zoning.
- Application is for the flat plateau where there is very little vegetation.
- 37 lots, 4 of them would be in the trees, the remainder of the lots are located on the flat plateau or rocky knoll to the south.
- Ravine area at the north end of property is outside the development.
- 30% non-disturbance area.
- Would be agreeable to financially contribute to the water system being developed in the Valley of the Sun as there may be some financial benefit to other residents to connect.

- Sewage treatment plant would be developed for the subdivision.

Questions:
- The present zoning allows 4 lots. Current plan is for 37 lots.
- Is there any obligation to review upgrades to Westside Road? The developer would have to satisfy Ministry of Transportation and Infrastructure requirements.
- Why do you think urbanization in this area is warranted? The development is a non-resort type of community. There is other growth in existing development areas, and believes there are only so many enclaves left for positive development. The area is on a service route to Valley of the Sun.
- Concern was raised that the plan is not consistent with the OCP. The applicant believes it is an existing development area (Valley of the Sun) and he has community support.
- It would make sense to hook up to the new water system Fintry/Valley of the Sun. If this is not possible would have a strata only system.
- Believes it's unreasonable to wait for the OCP to be completed.
- Would you be willing to work with Parks for a possible parks dedication? Yes, they would be amenable to environmental green space designation areas.

Discussion:
-The current Regional Growth Strategy (RGS) is opposed to urban sprawl.
The updating of the RGS is a multi-year commitment which may take up to 2-3 years.
- The OCP, if given second and third readings, will normally take 5-6 weeks for provincial approvals to be completed.
- Staff has provided clear reasons for non-support including density without infrastructure is against Board policy.
- Further development will likely occur in the already approved subdivisions due to the addition of the water system to Fintry/Valley of the Sun areas. 30 - 40% of the lots have not been built on.
- There is no logic for further density in this area, urbanization is against the OCP.
- Current dry land subdivisions were approved by the Province.
- There is no compelling reason to change the OCP and Regional Growth Strategy to allow development in this rural area.

EDGSON/OPHUS
THAT Official Community Plan Amendment Bylaw No. 785-19 for L. Kubas, K. Koop, H. Kraus (owners) located adjacent to Firwood and Westside Roads be given first reading this 28th day of June 2010;

AND FURTHER THAT scheduling of a Public Hearing be withheld pending the following;
• Confirmation from a qualified consulting engineer that the subdivision proposal can meet servicing requirements (ie: community water and sewer) of Regional District Subdivision and Development Servicing Bylaw No. 704;
• Identification and acceptance of parkland dedication requirements in accord with Sec. 941 of the Local Government Act to satisfaction of Parks Department staff.
• Analysis on water system.
• Environmental studies.

DEFEATED (Edgson in favor)

SHEPHERD/FIELDING
THAT Official Community Plan Amendment Bylaw No. 785-19 for L. Kubas, K. Koop, H. Kraus (owners) located adjacent to Firwood and Westside Roads not be given first reading.

CARRIED (Findlater, Ophus, Edgson opposed)

ii) Zoning Amendment Bylaw No. 871-206 for the above to amend the zoning from RU2 Rural 2 to RU3 Rural 3, RU4 Country Residential and RU5 Small Lot Country Residential. (Z1 0/01) Central Okanagan West Electoral Area (Electoral Areas, Kelowna Fringe Area and West Kelowna Fringe Area) Official Community Plan Amendment Bylaw No. 785-19 was not given first reading.

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This letter dated May 21, 2010 explains what RDCO has to say about the new development (Kubas) that may occur in front of Valley of the Sun joining in on the water system with Valley of the Sun/Shalal Road/Lower and Upper Fintry.

Letter dated May 21, 2010 from RDCO explains about the new development at front of Valley of the Sun joining in on the water system.

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