June 28, 2010 Regional District of Central Okanagan Regional Board
Item 6.9 Offical Community Plan - Zoning Amendment Bylaws - Firwood
*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 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 &
Bylaw No. 871-206 (Application Z1 0/01)
(L. Kubas, K. Koop, & H. Kraus - owners/Smart Plans Ltd. -
LOCATION: Adjacent to Firwood and Westside Roads (Central
Okanagan West Electoral Area)
LEGAL: District Lot 2923, ODYD Except Plans B1736 and 35052
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
- 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.
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 #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.'
> North Westside OCP policy does not support rezoning to allow
further subdivision of rural parcels for residential
> 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.
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,
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).
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
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
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
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
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
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
>- That preference is given for designated parkland instead of a
>- 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
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
• 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
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
archaeological sites recorded in the general vicinity, there is
significant potential for unknown sites to exist on the
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
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
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
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
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
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
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
Ron Fralick, MCIP
Dan Plamondon, Director of Development Services
Appendix 5 subdivision plan
click for larger image
Schedule A Bylaw 871-206 Kubas Development
click for larger image
This Bareland Strata subdivision proposal is summarized as
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
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
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
Managing Property Owner: Mr. Lonny Kubas
Phone & Email: 1-204-794-9819 (cell). lonnykubas "at"
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 &
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
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
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
Audio of the entire Regional Board Meeting -
Audio_Brd_June 28_10.mp3 (177 MB)
June 28, 2010 audio of RDCO Board meeting only about Kubas Development proposal
.wma (22.3 MB)