Administrative Recommendation:

THAT the Board approve the application for Deer Park for an Exemption to the Flood Plain Setback in Section 8.2.2 of Electoral Area ‘C’ Rural Oliver Zoning Bylaw 2453, 2008; and

THAT the floodplain exemption approval be conditional upon confirmation that a ‘save harmless’ clause in favour of the Regional District for any damages as a result of a flood occurrence be included in a covenant to be registered at the Land Titles Office.

Purpose: To reduce the setback of a habitable structure from 30.m to 15.0m found in Section 8.2.2 of Rural Oliver Zoning Bylaw 2453, 2008.

Owner: 3556514 Canada Ltd.

Background: The applicant proposes to subdivide the property into 30 strata lots. The Applicant has prepared a Floodplain Exemption report and a draft Riparian Areas Report to support their application. The portion of the property proposed for development is currently vacant. This is the final phase of the existing Deer Park strata development. In August of 1993, as part of the original subdivision process, the Ministry of Transportation recorded a Section 219 covenant on the property setting the floodplain setback at 15.0m from the 30.0m. Section 8.2.2 of the Rural Oliver Zoning Bylaw requires a 30.0m setback from Vaseux Creek, which is more restrictive than the existing MoT covenant from 1993. The purpose of the proposed exemption is to reduce the RDOS setback to 15.0m in conformance with the existing MoT covenant.

Proposed Development: A floodplain exemption application has been submitted to allow the construction of a strata
subdivision within the 30m floodplain setback of Vaseux Creek. Twelve lots and one strata access road are affected by this request.

Site Context: The property is located adjacent to the existing Deer Park subdivision and Vaseux Creek and the Okanagan River Channel. The Okanagan River Channel has been dyked and controlled in this area.

All documents from RDOS material – Meeting to decide next Thursday.