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

6.4.2 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

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

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

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

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

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.

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.

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

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)

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) 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

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

Appendix 5 subdivision plan

click for larger image

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

Schedule A Bylaw 871-206 Kubas Development

click for larger image

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

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.

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

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

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)

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.

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

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)