Committee September 8th, 2014
Review of Land Use Procedure Bylaw 1147- Notification of Development Applications:
Under the Local Government Act, Council shall notify all properties within a minimum of 30 meters of a development application. At present Land Use Procedures Bylaw 1147 specifies that all properties within 30 meters of such application shall be notified however it was suggested that this distance should be reviewed to ensure that this limiting distance offered adequate notice. Planning Consultant Christopher Garrish offered Council three options for consideration; one being an increase from 30M to 60M alternatively 30M to 100M, OR make no amendment to the Land Use Procedures Bylaw. Typically the distance of 100 meters is adopted by local governments which comprise larger and more extensive land use types (rural residential holdings) which require a larger notification distance in order to adequately capture surrounding properties.
CAO Heidi frank noted that adoption of a greater radius could trigger larger attendance at Public Hearings thus resulting in the need for alternate facilities. Summerland and Keremeos both use 30M and Penticton uses 45M.
Council passed a motion to not amend Bylaw 1147.
Zoning Amendment Bylaw 1350.02 7034 Tuc el Nuit Drive:
The Public Hearing for Amendment Bylaw 1350.02 generated several questions from the public and from Council. To properly address these questions Staff prepared a report providing additional information. It appears that under the former OCP Bylaw 640 (1993) the property was designated as Low density Residential (LR) but was amended to TR (Tuc el Nuit Mixed Residential. It appears that this land was never in the ALR and would have not been subject to the same density requirements as those previously imposed on the parcels on the west side of the Lake when they were excluded from the ALR.
However being as the subject property is not being considered for a higher density development such as an apartment building, staff determined that the issue is a ‘moot’ point. Staff believe that the proposal fits within the present zoning.
With regards to Lake Access staff noted that with the existence of Pelican Place, OIB land and Bufflehead Place, Public Access requirements are satisfied.
Since the applicant Mike Megale has already provided a riparian area Assessment Report which states that there will be no harmful alteration, disruption or destruction of natural features, functions and conditions that support fish life processes staff believe that an increase in density is allowed.
Mr. Megale stated he is the Architect and builder and will use high quality materials which create a high quality product of. He advised Council that his conceptual drawings were intended to show ‘set-backs’ thus they do not reflect the finished product.
Regular Council September 8th 2014
Water Matters: Council was advised by Director of Operations, Shawn Goodsell that the ‘turn-off date’ for customers using pressurized water from the Oliver Irrigation System will be October 14th.
The ‘Canal Cease Diversion’ date will be October 30th.
Water Councillor Machial recommended the ‘turn-off’ date be moved up a week with Water Councillor Miller in opposition. The decision of council was made to move the date to October 7th.
Mr. Goodsell updated Council on projects identified on Council’s Priority List:
The Hike and Bike Trail (Eastside River) will be paved from the vehicular bridge to Vertical Drop Structure (VDS) 11 however the Ministry will be performing tree removal, brush removal and widening of portions which are not up to spevcifications.so paving will be delayed until this work is finished. Staff also want to install access ramps at VDS 13 and 11 which could cost up to $52,000 per site.
The proposed Fairview/Gala Linear Parks may be delayed due to staffs’ concerns with a lack of foresight and imagination on the part of the Architectural Landscape Design Company. It has been suggested by CAO Heidi Frank that these would be good projects to complete ‘in-house’ thus engaging staff and getting the end result the Town wants.
Dog Pound Facility Update from staff has resulted in two options; one being a cinder block facility and the other a wood frame structure, both located at the Public Works Yard and both having a capacity of 6 stalls. In addition there would be discussions with the RDOS respecting a lease agreement.
According to Oliver’s CAO, Heidi Frank, there must be a rezoning of the site and then a Public Hearing before any work could commence. It was decided to defer any decision until after the Public Hearing in October.
Council received correspondence from Michele Emmerson, Secretary of Park Avenue Estates Strata regarding a Deer problem. Since the Town does not have authority to control wild life, the writer will be referred to the Provincial Wildlife Branch.
The issue of Puncture Vine was brought forward and it was noted that this is a noxious weed which propagates rapidly and has a pod with severe spines which can puncture bicycle tires but also puncture shoes and give anyone, especially children, a very painful wound. This weed is taking over in many areas and must be dug up and destroyed following guidelines in the ‘Noxious Weed Bylaw’.
In passing Council was advised that 25% of the water the Town uses is for outdoor lawn/garden watering. To help conserve water all residents are requested to consider drought tolerant plants.