REGIONAL DISTRICT OF CENTRAL OKANAGAN REGULAR BOARD MEETING AGENDA 8:30 am (following a Governance & Services Committee Meeting)

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1 REGIONAL DISTRICT OF CENTRAL OKANAGAN REGULAR BOARD MEETING AGENDA 8:30 am (following a Governance & Services Committee Meeting) Thursday, September 7, 2017 Woodhaven Board Room 1450 K.L.O. Road, Kelowna, BC Pages 1. CALL TO ORDER 2. ADDITION OF LATE ITEMS 3. ADOPTION OF THE AGENDA (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1) Recommended Motion: THAT the agenda be adopted. 4. ADOPTION OF MINUTES 4.1 Regional Board Meeting Minutes - August 28, (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1) Recommended Motion: THAT the Regional Board meeting minutes of August 28,2017 be adopted. 5. CORRESPONDENCE 5.1 Kelowna Chapter of the Council of Canadians 7-25 Petition: Enshrining Water as a Human Right and Banning Fracking (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1) Recommended Motion: THAT petitions on enshrining water as a human right and on banning fracking submitted by the Kelowna Chapter of the Council of Canadians be received; AND FURTHER THAT as the authority lies with the provincial government the petitions be forwarded to the Province of BC for consideration.

2 6. BUSINESS ARISING 6.1 RDCO Joe Rich Fire Protection Service Area Establishment Amendment Bylaw No. 1404, Adoption (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.2) Recommended Motion: THAT Regional District of Central Okanagan Joe Rich Fire Protection Service Area Establishment Amendment Bylaw 1404 be adopted. 7. DEVELOPMENT SERVICES 7.1 Extension Request for Zoning Amendment Bylaw No (application Z14/04) Shelter Cove Estates Ltd., c/o D. E. Pilling & Associates Ltd Lot 1, Plan KAP60766, District Lot 3546, 4401N Westside Road, Central Okanagan West Electoral Area - to discharge Land Use Contract No. 258 from the subject property. (Custom Vote - Electoral Areas, West Kelowna Fringe - 1 Director,1 Vote) Recommended Motion: THAT the Regional Board approve a one-year extension for Zoning Amendment Bylaw No (application Z14/04). 7.2 Extension Request for Development Variance Permit (application VP-14-02) - Shelter Cove Estates Ltd. c/o D. E. Pilling & Associates Ltd NEW BUSINESS 9. DIRECTOR ITEMS 10. ADJOURN Lot 1, Plan KAP60766, District Lot 3546, ODYD N Westside Road, Central Okanagan West Electoral Area, to exempt a proposed 36-lot bare land strata subdivision from full urban servicing as per Subdivision and Development Servicing Bylaw No (Custom Vote - Electoral Areas, West Kelowna Fringe - 1 Director, 1 Vote) Recommended Motion: THAT the Regional Board approve a one-year extension for Development Variance Permit (Application VP-14-02) for Shelter Cove Estates Ltd.

3 Minutes of the REGIONAL BOARD MEETING of the Regional District of Central Okanagan held at Regional District Offices, 1450 KLO Road, Kelowna, B.C. on Monday, August 28, 2017 Directors: Absent: Staff: J. Baker (District of Lake Country) C. Basran (City of Kelowna) W. Carson (Central Okanagan West Electoral Area) R. dejong (City of West Kelowna) M. DeHart (City of Kelowna) D. Findlater (City of West Kelowna) G. Given (City of Kelowna) T. Gray (City of Kelowna) P. Hanson (Central Okanagan East Electoral Area) B. Sieben (City of Kelowna) L. Stack (City of Kelowna) T. Konek (Westbank First Nation) C. Fortin (District of Peachland) B. Reardon, Chief Administrative Officer R. Fralick, Manager of Development Services P. Rotheisler, Manager of Environmental Services B. Smith, Communications M. Drouin, Manager - Corporate Services (recording secretary) 1. CALL TO ORDER Chair Given called the meeting to order at 7:00 p.m. 2. ADDITION OF LATE ITEMS There were no additional items to the agenda. 3. ADOPTION OF THE AGENDA #124/17 STACK/BAKER THAT the agenda be adopted. CARRIED Unanimously 4. ADOPTION OF MINUTES 4.1 Regional Board Meeting Minutes July 24, 2017 (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1) 1

4 Regional District of Central Okanagan Regular Board Meeting Minutes August 28, 2017 (Pg. 2) #125/17 BAKER/BASRAN THAT the Regional Board meeting minutes of July 24, 2017 be adopted. CARRIED Unanimously #126/17 SIEBEN/DEJONG 4.2 Public Hearing Minutes - July 24, 2017 (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1) THAT the Public Hearing minutes of July 24, 2017 be received. CARRIED Unanimously 5. CORRESPONDENCE #127/17 BAKER/GRAY 5.1 Okanagan Basin Water Board Highlights - August 3, 2017 (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1) THAT the Okanagan Basin Water Board highlights of August 3, 2017 be received for information. CARRIED Unanimously #128/17 SIEBEN/BAKER 5.2 Sterile Insect Release Board Highlights - August 11, 2017 (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1) THAT the Sterile Insect Release Board meeting highlights of August 11, 2017 be received for information. CARRIED Unanimously 6. CORPORATE SERVICES 6.1 RDCO Administrative Building Progress Update (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1) Staff report dated August 14, 2017 outlined the current leasing arrangements in the RDCO Administration Building for previous vacant space. 2

5 Regional District of Central Okanagan Regular Board Meeting Minutes August 28, 2017 (Pg. 3) #129/17 BASRAN/BAKER THAT the Regional Board receive for information the progress update on leasing the RDCO Administrative Building. CARRIED Unanimously 7. DEVELOPMENT SERVICES 7.1 Development Variance Permit (VP-17-04) L. & R. Archibald (owners) 3331 Marion Road (Central Okanagan East Electoral Area) (Custom Vote - Electoral Areas & Kelowna Fringe - 1 Director, 1 Vote) Staff report dated August 17, 2017 outlined the variance to allow a reduction of the rear setback to permit the siting of a garage with secondary suite attached to a single detached house. Staff outlined the application. Chair to invite anyone in the gallery who deems themselves affected by the variance to comment. E. Sever, 4960 Scotty Creek Road, Lot 16 didn t receive the notice for the zoning amendment and asked what the process is for notifying residents. #130/17 SIEBEN/BASRAN Staff outlined the methodology for public input to rezoning. With respect to the variance a similar method is undertaken. THAT Development Variance Permit Application VP-17-04, for L. & R. Archibald, 3331 Marion Road, to vary the following section of Zoning Bylaw No. 871 be approved based on the Surveyor s Certificate dated December 19, 2016, by AllTerra Land Surveying Ltd.: 1. Section by allowing a reduction of the minimum rear setback from 3.0 m (9.8 ft.) to 1.84 m (6.04 ft.) to allow an addition to a single detached house. CARRIED (opposed Carson) 7.2 Development Variance Permit (VP-17-06) R. & M. Wolfenden (owners) 14 Elliott Road (Central Okanagan West Electoral Area) (Custom Vote - Electoral Areas Only - 1 Director, 1 Vote) Staff report dated August 21, 2017 outlined the variance to allow a reduction of the side setback to permit the siting of a partially constructed detached garage. Director DeJong left the meeting at 7:28 p.m. and returned at 7:31 p.m. 3

6 Regional District of Central Okanagan Regular Board Meeting Minutes August 28, 2017 (Pg. 4) Staff outlined the application. Chair to invite anyone in the gallery who deems themselves affected by the variance to comment. R. Wolfenden addressed the Board noting there were two survey pins located on the property line and that there was a misunderstanding where their pin was located. He has tried to contact the neighbour to discuss but has been unable to. They will cut back the eave. #131/17 CARSON/HANSON THAT Development Variance Permit Application (VP-17-06), 14 Elliott Road for R. & M. Wolfenden (owners), to vary the following sections of Zoning Bylaw No. 871 be approved based on the Surveyor s Certificate dated April 21, 2017, by Runnalls Denby: 1. Section by allowing a reduction of the minimum side setback for an accessory building greater than 2.0 m (6.6 ft.) in height from 1.0 m (3.3 ft.) to 0.04 m (0.13 ft.) to permit one accessory building. CARRIED Unanimously #132/17 DEJONG/CARSON 7.3 Development Variance Permit (VP-17-07), J. Van Wermeskerken (owner) 227 Baird Road (Central Okanagan West Electoral Area) (Custom Vote - Electoral Areas, West Kelowna and Kelowna Fringe 1 Director, 1 Vote) Staff report dated August 21, 2017 outlined the variance to allow a reduction of the front setback to permit the siting of a garage to be attached to the existing single detached house. Staff outlined the application. Chair to invite anyone in the gallery who deems themselves affected by the variance to comment. There was no-one. THAT Development Variance Permit Application (VP-17-07), 227 Baird Road for J. Van Wermeskerken (owner), to vary the following section of Zoning Bylaw No. 871 be approved based on the Site Plan dated June 12, 2017, by Ferguson Land Surveying & Geomatics Ltd: 1. Section by allowing reduction of the minimum front setback from 4.5 m (14.8 ft.) to 2.0 m (6.6 ft.) to allow the siting of a garage attached to a single detached house. CARRIED Unanimously 4

7 Regional District of Central Okanagan Regular Board Meeting Minutes August 28, 2017 (Pg. 5) #133/17 SIEBEN/HANSON 7.4 First Reading - Zoning Amendment Bylaw No , Application Z17/06, D. & S. Clark (owners), 5065 Scotty Creek Road, Central Okanagan East Electoral Area (Custom Vote - Electoral Areas & Kelowna Fringe - 1 Director, 1 Vote) Staff report dated August 17, 2017 outlined the zoning amendment to permit a secondary suite by rezoning the subject property from R1 Single Detached Housing to R1s Single Detached Housing (Secondary Suite). Staff outlined the application. THAT Zoning Amendment Bylaw No , for D. & S Clark, 5065 Scotty Creek Road, be given first reading; AND FURTHER THAT application Z17/06 be scheduled for a Public Hearing. CARRIED (opposed Basran, Stack) #134/17 HANSON/CARSON 7.5 Adoption - Joe Rich Rural Land Use Amendment Bylaw No , Application RLUB-17-01, M. & J. Schleppe (owners), Highway 33, Central Okanagan East Electoral Area, (Custom Vote - Electoral Areas, Kelowna Fringe - 1 Director, 1 Vote) THAT Joe Rich Rural Land Use Amendment Bylaw No , Application RLUB , be adopted. CARRIED Unanimously 8. NEW BUSINESS #135/17 HANSON/FINDLATER 8.1 Regional District of Central Okanagan Joe Rich Fire Protection Service Area Establishment Amendment Bylaw No. 1404, 1st, 2nd and 3rd Readings, (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.2) Staff report dated August 17, 2017 outlined the amendment to the Joe Rich Fire Protection Service Area Establishment Bylaw in order to include two properties for fire protection. THAT the Regional District of Central Okanagan Joe Rich Fire Protection Service Area Amendment Bylaw No be given first, second and third readings. CARRIED Unanimously 5

8 Regional District of Central Okanagan Regular Board Meeting Minutes August 28, 2017 (Pg. 6) 9. DIRECTOR ITEMS Thank you to the EOC, provincial wildfire response, army personnel, volunteers and fire fighters regarding the current fire response in Joe Rich. 10. ADJOURN IN CAMERA (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1) #136/17 SIEBEN/DEHART THAT pursuant to Section 90 (1)(c)(g)(i) of the Community Charter the Regional Board adjourn and convene to a closed to the public meeting to discuss: Employee relations Litigation or potential litigation affecting the Regional District Receipt of advice that is subject to solicitor-client privilege CARRIED Unanimously There being no further business the meeting was adjourned at 8:15 p.m. CERTIFIED TO BE TRUE AND CORRECT G. Given (Chair) B. Reardon (Chief Administrative Officer) 6

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32 Regional Board Report TO: FROM: Regional Board Ron Fralick Manager of Development Services DATE: August 29, 2017 SUBJECT: Extension Request for Application Z14/04 Shelter Cove Estates Ltd. c/o D.E. Pilling & Associates Ltd. Lot 1, Plan KAP60766, District Lot 3546, ODYD N Westside Road Central Okanagan West Electoral Area Voting Entitlement: Custom Vote Electoral Areas, West Kelowna Fringe Area 1 Director, 1 Vote Purpose: To consider a request for a one-year extension to File: Z14/04 (Land Use Contract Amendment Bylaw No , Zoning Amendment Bylaw No , Official Community Plan Amendment Bylaw No ). Executive Summary: The Regional Board has not yet considered the above noted application due to the absence of provincial agency support with respect to key servicing issues. The intent of the associated bylaw amendments is to allow subdivision of the existing development into 36-single family residential lots. While the proponents have recommended alternative solutions to address the servicing issues, the proposal has been unable to gain support from the Ministry of Municipal Affairs and Housing, and the Interior Health Authority to date. The proponents have requested a one-year extension for Application Z14/04 representing the third extension request for this application. RECOMMENDATION: THAT the Regional Board approve a one-year extension for Zoning Amendment Bylaw No (application Z14/04). Respectfully Submitted: R. Fralick, MCIP, RPP Manager of Development Services Prepared by: Janelle Taylor, Planner 1 Approved for Board s Consideration Brian Reardon, CAO 30

33 Regional Board Report Extension Request for Application Z14/04 Page 2 Implications of Recommendation: Policy: Not approving the extension complies with Development Applications Procedures Bylaw No Background: On September 10, 2015, and September 8, 2016, the Regional Board granted one-year extensions to the LUC/OCP/Zoning amendment application (File: Z14/04). Other than the two extensions, the amending bylaws have not been considered by the Regional Board due to outstanding issues which include the absence of provincial agency support with respect to key servicing issues. The development proponents have been unable to gain support from the Ministry of Community, Sport and Cultural Development or Interior Health Authority (IHA). At time of the Regional Board approving the previous extension requests, the proponents were working on an alternative solution to address the servicing issues that they anticipated would receive provincial agency support (see attached Request for Extension 2016). Subsequent to the 2016 extension, IHA advised on September 30, 2016 and August 17, 2017, that Interior Health does not support the proposed subdivision as submitted as it does not meet Interior Health's onsite sewerage dispersal system requirements for subdivision (see attached). Project description: The subject property is currently regulated under Land Use Contract No. 258, which permits subdivision of the parcel into 42 vacation home sites. The parcel has been partially developed; the proponents are pursuing the Z14/04 application as they wish to permit full-time occupancy and to subdivide the parcel into 36 separate titles. The bylaw amendments are subject to the servicing parameters identified in Subdivision Servicing Bylaw No (formerly Subdivision and Development Servicing Bylaw No. 704); therefore, a Development Variance Permit Application (RDCO File: VP-14-02) has also been submitted in conjunction with the Z14/04 Application to vary servicing requirements. The request for a one-year extension has also been made with respect to the Development Variance Permit Application addressed via a separate staff report. Development Applications Procedures Bylaw No. 944: Applications that have not been approved or rejected within twelve (12) months after the application date will be of no force and effect. Unless the Regional Board passes a resolution to extend the deadline up to one-year, a new application will be required in order to proceed. Conclusion: Subsequent to August 17, 2017, the applicant has been corresponding with IHA requesting an appeal of the decision. In recognition that the previously approved extension expires on September 8, 2017, and due to uncertainty with the timeline for the IHA appeal process, Planning staff has no difficulty with supporting an additional extension of the LUC/OCP/Zoning amendment application and associated variance application. Alternatives: THAT the Regional Board not approve a one-year extension for Application File: Z14/04. 31

34 Regional Board Report Extension Request for Application Z14/04 Page 3 Organizational/Financial Issues: The extension request was submitted and processed in accordance with requirements of RDCO Development Application Procedures Bylaw No. 944, including payment of the required fee. Considerations not applicable to this report: Strategic Plan Legal/Statutory Authority External Implications Attachment(s): Schedule A and Orthophoto Maps Request for Extension, dated July 11, 2016 Request for Extension, dated August 14, 2017 Interior Health Authority correspondence, dated August 17,

35 LCP65 LCP66 LCP67 LCP68 LCP69 LCP70 LCP71 LCP72 LCP73 LCP74 LCP75 LCP76 LCP77 LCP78 LCP79 LCP80 LCP81 LCP82 LCP83 LCP84 LCP85 LCP86 LCP87 LCP89 LCP93 LCP94 LCP95 LCP96 LCP97 LCP98 LCP99 LCP100 LCP101 LCP102 LCP103 LCP104 LCP105 LCP106 LCP107 LCP108 LCP88 LCP109 LCP110 LCP90 LCP91 LCP111 LCP92 LCP112 LCP113 LCP146 LCP114 LCP115 LCP116 LCP117 LCP118 LCP145 LCP119 LCP120 LCP144 LCP122 LCP121 LCP124 LCP123 LCP130 LCP129 LCP128 LCP127 LCP126 LCP125 LCP6 LCP7 LCP8 LCP9 LCP10 LCP11 LCP12 LCP13 LCP14 LCP15 LCP16 LCP17 LCP18 LCP19 LCP20 LCP21 LCP133 LCP134 LCP135 LCP136 LCP137 LCP138 LCP139 LCP140 LCP141 LCP142 LCP143 LCP2 LCP132 LCP3 LCP1 LCP131 LCP24 LCP23 LCP2 LCP3 LCP4 LCP5 LCP31 LCP30 LCP27 LCP26 LCP25 LCP37 LCP36 LCP35 LCP33 LCP32 LCP38 LCP34 LCP28 C5 LCP1 LCP42 LCP41 LCP40 LCP39 SCHEDULE 'A' LCP44 LCP43 LCP29 LCP48 LCP47 LCP46 LCP45 LCP91 LCP92 LCP97 LCP50 LCP49 LCP51 LCP86 LCP87 LCP88 LCP89 LCP90 LCP52 LCP83 LCP84 LCP85 LCP98 LCP99 LCP100 LCP101 LCP54 LCP53 LCP55 LCP80 LCP81 LCP82 LCP79 LCP77 LCP78 LCP108 LCP107 LCP106 LCP105 LCP104 LCP103 LCP102 LCP57 LCP56 LCP74 LCP75 LCP76 LCP112 LCP111 LCP110 LCP109 LCP71 LCP72 LCP73 LCP113 LCP114 LCP115 LCP70 LCP LCP119 LCP118 LCP117 LCP12 LCP121 LCP120 Westside Rd RU6. LCP147 LCP22 LCP95 LCP94 LCP96 LCP149 LCP148 KAS 2021 LCP93 LCP129 LCP150 LCP151 LCP152 LCP154 LCP153 LCP155LCP156 LCP157 LCP158 LCP5 LCP6 LCP3 LCP4 LCP70 LCP69 LCP68 LCP67 LCP66 LCP65 LCP64 LCP63 LCP128 Westside Road pl C5 1 Proposed R1 LCP7 LCP62 LCP8 LCP61 LCP9 LCP60 LCP10 LCP59 LCP11 LCP58 LCP12 LCP57 LCP13 LCP56 LCP1 LCP2 LCP20 LCP21 LCP22 LCP14 LCP15 LCP16 LCP17 LCP18 LCP19 LCP55 LCP54 LCP53 LCP52 LCP51 LCP50 LCP49 LCP48 LCP47 LCP23 LCP46 KAS 1964 Okanagan Lake LCP24 LCP25 LCP26 LCP27 LCP28 LCP29 LCP45 LCP44 LCP43 LCP42 LCP41 LCP40 LCP30 LCP31 LCP32 LCP33 LCP34 C5 LCP39 LCP38 LCP37 LCP36 LCP35 2 pl KAS Meters 1:6,000 I hereby certify this to be a true and correct copy of Schedule 'A' as described in Bylaw No and read a third time by the Regional District of Central Okanagan on the day of 33 Director of Corporate Services

36 ORTHOPHOTO. Subject Property Westside R oa d C5 Westside R d Okanagan Lake Meters 1:4,000 File: Z14-04 Date: Aug. 20, 2014 Drawn by: JM 34 Lot 1, Plan 60766, DL 3546 ODYD

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38 Janelle Taylor Subject: FW: Your applications: Z14/04 & VP (Westside Rd.) Extension request reminder From: Al Tuningley Sent: August :53 AM To: Jennifer Maximuik Cc: Ron Fralick; Janelle Taylor Subject: RE: Your applications: Z14/04 & VP (Westside Rd.) Extension request reminder Jennifer, please be advised that we wish to have our applications extended for a year and we will arrange to have the $300 fee paid immediately. This file has been delayed only because John Beaupre at Interior Health would not support the application. Otherwise we believe that we could find a way to work with all other issues. John Beaupre is no longer with Interior Health. While the change from our current Paper Subdivision has to go through a process that involves IHA the actual change of status to a Stratified Subdivision makes absolutely no change to our sewage systems as they are substantially already in place. John Beaupre s lack of support was his personal judgement. IHA has now rearranged how these applications are handled, and a new agency Healthy Built Environment under Interior Health has been established and we are in the process of having the file re-reviewed. We are hopeful that the new person will recognize that the change of status from LUC to Strata has no effect on the sewage systems. MOTI have our application held open until Dec. 31, 2017 and I would like to request an extension to our applications so we can pursue this issue further. Al Tuningley # nd Ave. Surrey, BC, V3S 8E

39 August 17, 2017 Al Tuningley # nd Ave Surrey, BC V3S 8E5 Dear Mr. Tuningley: Re: Proposed Strata Subdivision of Lot 1, DL 3546, ODYD, Pl KAP60766; 4401 Westside Road N, Kelowna, Shelter Cove. This letter is in response to your dated August 14, 2017 requesting reconsideration of Environmental Health Officer, John Beaupre s recommendation of non-support dated September 30, 2016 to the Ministry of Transportation and Infrastructure on the above-noted subdivision application. As you are aware, John Beaupre has now retired. I have reviewed the file and have come to a similar conclusion as John Beaupre regarding his recommendation of non-support. Given that there has been no new information provided with regards to this subdivision application, we are unable to provide a new referral response at this time. The Interior Health Authority has a formal process to respond to complaints and requests for decision reviews. I have attached a handout on how to request a decision review, for your information. As noted in the handout, the review is on the process which was used to make the decision and not on the final decision itself. If required, the name of the team leader (direct supervisor) to which the request for review should be made is Mike Adams and he can be reached at Mike.Adams@interiorhealth.ca. below. If you require assistance or more information, please feel free to contact me using the information Yours sincerely Marion Masson Environmental Health Officer Soils and Land Cc: Mike Adams, Team Leader- Interior Health Authority, mike.adams@interiorhealth.ca Bus: (250) Fax; (250) marion.masson@interiorhealth.ca POPULATION HEALTH th Street South Cranbrook, BC V1C 6E1 37

40 Regional Board Report TO: FROM: Regional Board Ron Fralick Manager of Development Services DATE: August 29, 2017 SUBJECT: Extension Request for Application VP Shelter Cove Estates Ltd. c/o D.E. Pilling & Associates Ltd. Lot 1, Plan KAP60766, District Lot 3546, ODYD N Westside Road Central Okanagan West Electoral Area Voting Entitlement: Custom Vote Electoral Areas, West Kelowna Fringe Area 1 Director, 1 Vote Purpose: To consider a request for a one-year extension to Development Variance Permit, Application File: VP Executive Summary: The Regional Board has not yet considered the above noted Development Variance Permit application due to the absence of provincial agency support with respect to key servicing issues. The intent of the application is to allow subdivision of the existing development into 36-single family residential lots. While the proponents have recommended alternative solutions to address the servicing issues, the proposal has been unable to gain support from the Ministry of Municipal Affairs and Housing and Interior Health Authority to date. The proponents have requested a one-year extension for Application VP representing the third extension request for this application. RECOMMENDATION: THAT the Regional Board approve a one-year extension for Development Variance Permit (Application File: VP-14-02) for Shelter Cove Estates Ltd. Respectfully Submitted: R. Fralick, MCIP, RPP Manager of Development Services Prepared by: Janelle Taylor, Planner 1 Approved for Board s Consideration Brian Reardon, CAO 38

41 Regional Board Report Extension Request for Application VP Page 2 Implications of Recommendation: Policy: Not approving the extension complies with Development Applications Procedures Bylaw No Background: On September 10, 2015, and September 8, 2016, the Regional Board granted one-year extensions to the Application along with the associated LUC/OCP/Zoning amendment application (File: Z14/04). Other than the two extensions, the application has not been considered by the Regional Board due to outstanding issues which include the absence of provincial agency support with respect to key servicing issues. The development proponents have been unable to gain support from the Ministry of Community, Sport and Cultural Development or Interior Health Authority (IHA). At time of the Regional Board approving the previous extension requests, the proponents were working on an alternative solution to address the servicing issues that they anticipated would receive provincial agency support (see attached Request for Extension 2016). Subsequent to the 2016 extension, IHA advised on September 30, 2016 and on August 17, 2017, that Interior Health does not support the proposed subdivision as submitted as it does not meet Interior Health's onsite sewerage dispersal system requirements for subdivision. Development Applications Procedures Bylaw No. 944: Applications that have not been approved or rejected within twelve (12) months after the application date will be of no force and effect. Unless the Regional Board passes a resolution to extend the deadline up to one-year, a new application will be required in order to proceed. Conclusion: Subsequent to August 17, 2017, the applicant has been corresponding with IHA requesting an appeal of the decision. In recognition that the previously approved extension expires on September 8, 2017, and due to uncertainty with the timeline for the IHA appeal process, Planning staff has no difficulty with supporting an additional extension of the variance application and associated LUC/OCP/Zoning amendment application. Alternatives: THAT the Regional Board not approve a one-year extension for Application File: VP Organizational/Financial Issues: The extension request was submitted and processed in accordance with requirements of RDCO Development Application Procedures Bylaw No. 944, including payment of the required fee. Considerations not applicable to this report: Strategic Plan Legal/Statutory Authority External Implications Attachment(s): Subject Property Map Request for Extension, dated July 11, 2016 Request for Extension, dated August 14, 2017 Interior Health Authority correspondence, dated August 17,

42 LCP65 LCP66 LCP67 LCP68 LCP69 LCP70 LCP71 LCP72 LCP73 LCP74 LCP75 LCP76 LCP77 LCP78 LCP79 LCP80 LCP81 LCP82 LCP83 LCP84 LCP85 LCP86 LCP87 LCP89 LCP93 LCP94 LCP95 LCP96 LCP97 LCP98 LCP99 LCP100 LCP101 LCP102 LCP103 LCP104 LCP105 LCP106 LCP107 LCP108 LCP88 LCP109 LCP110 LCP90 LCP91 LCP92 LCP111 LCP112 LCP113 LCP146 LCP114 LCP115 LCP116 LCP117 LCP118 LCP145 LCP119 LCP120 LCP144 LCP122 LCP121 LCP124 LCP123 LCP130 LCP129 LCP128 LCP127 LCP126 LCP125 LCP6 LCP7 LCP8 LCP9 LCP10 LCP11 LCP12 LCP13 LCP14 LCP15 LCP16 LCP17 LCP18 LCP19 LCP20 LCP21 LCP133 LCP134 LCP135 LCP136 LCP137 LCP138 LCP139 LCP140 LCP141 LCP142 LCP143 SUBJECT PROPERTY LCP2 LCP132 LCP LCP1 LCP131 LCP24 LCP23 LCP2 LCP3 LCP4 LCP5 LCP31 LCP30 LCP27 LCP26 LCP25 LCP37 LCP36 LCP35 LCP33 LCP32 LCP38 LCP34 LCP28 C5 LCP1 LCP42 LCP41 LCP40 LCP39 LCP44 LCP43 LCP29 LCP48 LCP47 LCP46 LCP45 LCP91 LCP92 LCP97 LCP49 LCP51 LCP50 LCP86 LCP87 LCP88 LCP89 LCP90 LCP83 LCP84 LCP85 LCP98 LCP99 LCP100 LCP101 LCP53 LCP52 LCP55 LCP54 LCP80 LCP81 LCP82 LCP79 LCP77 LCP78 LCP108 LCP107 LCP106 LCP105 LCP104 LCP103 LCP102 LCP57 LCP56 LCP74 LCP75 LCP76 LCP112 LCP111 LCP110 LCP109 LCP71 LCP72 LCP73 LCP113 LCP114 LCP115 LCP70 LCP LCP119 LCP118 LCP117 LCP12 LCP121 LCP120 Westside Rd RU6. LCP147 LCP22 LCP95 LCP94 LCP96 LCP148 LCP150 LCP149 KAS 2021 LCP93 LCP129 LCP151 LCP152 LCP154 LCP153 LCP155LCP156 LCP157 LCP158 LCP5 LCP6 LCP3 LCP4 LCP70 LCP69 LCP68 LCP67 LCP66 LCP65 LCP64 LCP63 LCP128 Westside Road pl C5 1 Subject Property LCP7 LCP62 LCP8 LCP61 LCP9 LCP60 LCP10 LCP59 LCP11 LCP58 LCP12 LCP57 LCP13 LCP56 LCP14 LCP55 LCP2 LCP15 LCP16 LCP54 LCP53 LCP17 LCP52 LCP1 LCP20 LCP21 LCP22 LCP23 LCP18 LCP19 LCP51 LCP50 LCP49 LCP48 LCP47 LCP46 KAS 1964 Okanagan Lake LCP24 LCP45 LCP25 LCP44 LCP26 LCP43 LCP27 LCP28 LCP29 LCP42 LCP41 LCP40 LCP30 LCP39 LCP31 LCP38 LCP32 C5 LCP37 LCP33 LCP36 LCP34 LCP35 2 pl KAS Meters 1:6,000 File: VP Date: Aug. 20, 2014 Drawn by: JM Lot 1, Plan 60766, DL 3546 ODYD 40

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44 Janelle Taylor Subject: FW: Your applications: Z14/04 & VP (Westside Rd.) Extension request reminder From: Al Tuningley Sent: August :53 AM To: Jennifer Maximuik Cc: Ron Fralick; Janelle Taylor Subject: RE: Your applications: Z14/04 & VP (Westside Rd.) Extension request reminder Jennifer, please be advised that we wish to have our applications extended for a year and we will arrange to have the $300 fee paid immediately. This file has been delayed only because John Beaupre at Interior Health would not support the application. Otherwise we believe that we could find a way to work with all other issues. John Beaupre is no longer with Interior Health. While the change from our current Paper Subdivision has to go through a process that involves IHA the actual change of status to a Stratified Subdivision makes absolutely no change to our sewage systems as they are substantially already in place. John Beaupre s lack of support was his personal judgement. IHA has now rearranged how these applications are handled, and a new agency Healthy Built Environment under Interior Health has been established and we are in the process of having the file re-reviewed. We are hopeful that the new person will recognize that the change of status from LUC to Strata has no effect on the sewage systems. MOTI have our application held open until Dec. 31, 2017 and I would like to request an extension to our applications so we can pursue this issue further. Al Tuningley # nd Ave. Surrey, BC, V3S 8E

45 August 17, 2017 Al Tuningley # nd Ave Surrey, BC V3S 8E5 Dear Mr. Tuningley: Re: Proposed Strata Subdivision of Lot 1, DL 3546, ODYD, Pl KAP60766; 4401 Westside Road N, Kelowna, Shelter Cove. This letter is in response to your dated August 14, 2017 requesting reconsideration of Environmental Health Officer, John Beaupre s recommendation of non-support dated September 30, 2016 to the Ministry of Transportation and Infrastructure on the above-noted subdivision application. As you are aware, John Beaupre has now retired. I have reviewed the file and have come to a similar conclusion as John Beaupre regarding his recommendation of non-support. Given that there has been no new information provided with regards to this subdivision application, we are unable to provide a new referral response at this time. The Interior Health Authority has a formal process to respond to complaints and requests for decision reviews. I have attached a handout on how to request a decision review, for your information. As noted in the handout, the review is on the process which was used to make the decision and not on the final decision itself. If required, the name of the team leader (direct supervisor) to which the request for review should be made is Mike Adams and he can be reached at Mike.Adams@interiorhealth.ca. below. If you require assistance or more information, please feel free to contact me using the information Yours sincerely Marion Masson Environmental Health Officer Soils and Land Cc: Mike Adams, Team Leader- Interior Health Authority, mike.adams@interiorhealth.ca Bus: (250) Fax; (250) marion.masson@interiorhealth.ca POPULATION HEALTH th Street South Cranbrook, BC V1C 6E1 43