Departments

Electoral Area "D-2" Zoning Bylaw Housekeeping Amendment

Background

At its meeting of March 6, 2014, the Regional District Board adopted a new Electoral Area "D-2" Official Community Plan (OCP) Bylaw No. 2603, 2013.

The OCP contemplates a number of changes to the Zoning Bylaw, including, amongst other things, the removal of references to the Okanagan Falls “Townsite” (as this language is no longer used within the OCP), as well as the introduction of “secondary suites” as a permitted uses “within all zones, where determined to be appropriate”.

A number of other amendments to the Zoning Bylaw have also been identified and which require attention, such as typographical errors, an oversight in the Medium Density Residential Zones relating to the 2008 Repeal and Re-enactment (R&R) Process, the need to formalize the operation of the Okanagan Falls Landfill and to amend the OCP designation and zoning of two separate parcels acquired for parkland purposes.

Overview

Secondary Suites

Starting with the comprehensive review of the Electoral Area ‘C’ (Oliver) Official Community Plan (OCP) and Zoning Bylaws in 2002, the Regional District has generally applied a policy of introducing “secondary suites” as a permitted use in the Rural (i.e. RA, AG, LH and SH) and Low Density Residential (i.e. RS1, RS2, etc.) zones. 

“Secondary suites” are seen to be an effective way in which to address affordable and rental housing objectives within a community, and the following table illustrates the implementation of this policy in the different Electoral Areas.

The following table illustrates the implementation of this policy in the different Electoral Areas:

Okanagan Falls Landfill Zoning

The Okanagan Falls Landfill, which is located at 3751 Allendale Lake Road, is currently zoned Resource Area (RA), which is not seen to contemplate the operation of “sanitary landfill” at the site — resulting in the site being legally non-conforming under Section 911 of the Local Government Act (as the operation of the landfill is seen to predate the zoning of the area in 1972).

While this situation does not adversely affect the operation of the landfill, it prevents the expansion or alteration of the use — such as the introduction of new structures related to composting and/or recycling activities.

It is being proposed to create of a new industrial zone tailored to the operation of the landfill – being a new Community Waste Management (CWM) Zone (I5).

Parkland Zoning

At its meeting May 20, 2010, the Regional District Board authorised the purchase of the property at 712 Cedar Street in order to expand Kenyon Park and provide a direct parkland link with the adjacent Christie Memorial Provincial Park.

In order to better reflect the intended use of this parcel for parkland purposes, Administration is proposing to amend the zoning of these properties to Parks and Recreation (PR).

RM1 & RM2 Zones

In 2008 the zoning regulations related to the Integrated Housing (RM1) Zone and Multiple Dwelling 2 (RM2) Zone under Zoning Bylaw No. 1801, 1998, were inadvertently switched with the introduction of Zoning Bylaw No. 2455, 2008.

To address this situation, Administration is recommending that Section 12.2 of the Zoning Bylaw be deleted, and its provisions carried forward into Section 12.1. 

This will resolve the issue of the switch that occurred between the RM1 & RM2 Zones will simultaneously dealing with the absence of an RM2 Zone on the Zoning Map.

Modifying Permitted Industrial Uses

Section 25.3 of the new OCP Bylaw No. 2603 speaks to modifying the “permitted uses in Commercial and Industrial zones to be consistent with the goals and direction of this OCP”.

In response, it is proposed to update the types of uses permitted in the Industrial (Light) One (I1) and Industrial (Heavy) Two (I2) Zone in order that they are consistent with the wording used in the other Electoral Area Zoning Bylaws.

Okanagan Falls "Townsite"

Under the Electoral Area ‘D’ OCP Bylaw No. 2454, 2008, the Okanagan Falls “Townsite” was presented at Map 6.1, with a number of policy statements in the Plan as well as regulations under the Zoning Bylaw being applied to this area.

The new OCP Bylaw No. 2603, 2013, did not carry forward the map of the “Townsite” and includes a statement at Section 25.3.5 that “references to the Townsite should be removed and replaced with Okanagan Falls.”

There are two instances in the Zoning Bylaw where reference to the “Townsite” is made and these are both in relation to a variable maximum height in the Marina Commercial (C5) and Parks and Recreation (PR) Zone which differs depending upon whether a property is in the “Townsite”, or not.

Upon further review, it has been determined that the C5 Zone does not currently apply to any properties within Electoral Area ‘D-2’ and it is being proposed delete from this zone from the Zoning Bylaw.

Bylaw Amendment Process

Planning and Development (P&D) Committee: Administrative Report / Minutes (May 22, 2014)

Public Information Meeting: October 16, 2014 (Public Notice)

Electoral Area "D" Advisory Planning Commission (APC): Referral Report / Minutes (July 8, 2014)

Regional District Board: 1st & 2nd reading / Minutes (January 8, 2015)

Public Hearing: Report (see page 141) (February 18, 2015)

Regional District Board: 3rd reading (see page 108) / Minutes (March 5, 2015)

Regional District Board: adoption (see page 100) / Minutes (March 19, 2015)