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HomeMy Public PortalAboutRegular Open Council - 08 Jul 2013 - Agenda - PdfTOWN OF OLIVER REGULAR OPEN COUNCIL MONDAY, JULY 8, 2013 Following Public Hearing Council Chambers AGENDA Page A. CALL TO ORDER B. ADOPTION OF AGENDA 1. Adoption C. ADOPTION OF PRIOR MINUTES 5 - 11 1. Minutes of the June 24, 2013 Regular meeting D. BUSINESS ARISING OUT OF PRIOR MINUTES E. COMMITTEE REPORTS 13 - 16 1. Minutes of the June 24, 2013 Committee of the Whole meeting 2. Verbal Report from the Chairperson of the July 8, 2013 Committee of the Whole meeting F. WATER MATTERS 17 - 20 1. Water Quality report for the month of May 2013 - Engineering Technologist's report attached 21 - 22 2. Amended Water Quality Report for the month of April 2013 - Engineering Technologist's amended report attached G. DELEGATIONS & PETITIONS 23 - 26 1. PowerPoint Presentation by Jeet Dukhia, President, The BC Fruit Growers' Association - presentation attached H. DEVELOPMENT PERMIT/VARIANCE HEARINGS I. BYLAWS 27 - 30 1. Cemetery Amendment Bylaw 1315.01 - for adoption - bylaw attached Regular Open Council of July 8, 2013 31 - 67 2. Official Community Plan Amendment Bylaw 1343 - Planner's report attached 69 - 82 3. Agricultural Irrigation Charges Amendment Bylaw 1344 Re: Assessment of Farm Irrigation for Billing Purposes - Municipal Manager's report and bylaw attached 83 - 87 4. Oliver Airport Fees and Charges Bylaw 1345 - Municipal Manager's report and bylaw attached J. BUSINESS 89 - 95 1. Water and Sewer Application Policy - Municipal Manager's report attached 97 - 109 2. Southern Interior Bylaw Notice Disputer Adjudication Registry Agreement - Corporate Officer's report attached K. CORRESPONDENCE 111 1. Correspondence Report - Corporate Officer's report attached L. REPORTS 113 1. Building Permit Report for the month of June 2013 - report attached 2. Water Councillor Machial 3. Councillor Larson 4. Councillor Doerr 5. Councillor Mattes 6. Councillor Bennest 7. Water Councillor Miller 8. Mayor Hovanes M. UPCOMING MEETINGS 1. July 22, 2013 - 2:00 pm - Priorities Session July 22, 2013 - 4:00 pm - Committee of the Whole Meeting July 22, 2013 - 7:00 pm - Regular Meeting August 12, 2013 Meetings Cancelled August 26, 2013 - 4:00 pm - Committee of the Whole Meeting August 26, 2013 - 7:00 pm - Regular Meeting Page 2 of 113 Regular Open Council of July 8, 2013 N. PUBLIC QUESTION PERIOD This is an opportunity for the audience to ask questions regarding matters discussed during the current meeting. O. ADJOURNMENT 1. Adjournment Page 3 of 113 Page 4 of 113 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, JUNE 24, 2013 IN THE COUNCIL CHAMBER Present: Mayor Hovanes Councillors Doerr, Bennest, and Mattes Water Councillors Miller and Machial Regrets: Councillor Larson Staff: T. Szalay, Municipal Manager L. Schultz, Deputy Corporate Officer A CALL TO ORDER Mayor Hovanes called the meeting to order at 7:00 pm B ADOPTION OF AGENDA R-165/13 It was MOVED and SECONDED That the agenda be adopted as circulated. CARRIED C ADOPTION OF PRIOR MINUTES C-1 Minutes of the June 10, 2013 Regular meeting R-166/13 It was MOVED and SECONDED That the minutes of the June 10, 2013 regular meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None E COMMITTEE REPORTS E-1 Minutes of the June 10, 2013 Committee of the Whole meeting R-167/13 It was MOVED and SECONDED That the minutes of the June 10, 2013 Committee of the Whole meeting be received. CARRIED ITEM C. - 1. Page 5 of 113 Regular Open Minutes of June 24, 2013 E-2 Verbal report from the Chairperson of the June 24, 2013 Committee of the Whole meeting Councillor Mattes gave a verbal report on the Committee of the Whole meeting earlier in the day F WATER MATTERS None G DEVELOPMENT PERMIT/VARIANCE HEARINGS None H BYLAWS H-1 Municipal Ticketing Amendment Bylaw 1289.01 and Bylaw Notice Enforcement Amendment Bylaw 1321.01 R-168/13 It was MOVED and SECONDED That Municipal Ticketing Amendment Bylaw 1289.01 and Bylaw Notice Enforcement Amendment Bylaw 1321.01 be adopted. CARRIED H-2 Cemetery Amendment Bylaw 1315.01 R-169/13 It was MOVED and SECONDED That Cemetery Amendment Bylaw 1315.01 be read a first, second and third time. CARRIED H-3 Official Community Plan Amendment Bylaw 1343 R-170/13 It was MOVED and SECONDED That Official Community Plan Amendment Bylaw 1343, be read a first and second time and proceed to a public hearing; and That Council considers the process, as outlined at Section 5.0 of this report to be appropriate consultation for the purpose of Section 879 of the Local Government Act; and ITEM C. - 1. Page 6 of 113 Regular Open Minutes of June 24, 2013 That in accordance with Section 882 of the Local Government Act, Council has considered Official Community Plan Amendment Bylaw 1343, in conjunction with its Financial and applicable Waste Management Plans; and That the holding of the public hearing be scheduled; and That staff gives notice of the public hearing in accordance with the requirement of the Local Government Act. CARRIED I BUSINESS I-1 R-171/13 Presentation of the 2012 Annual Report It was MOVED and SECONDED That the 2012 Annual Report be received. CARRIED I-2 Award of Janitorial Contract R-172/13 It was MOVED and SECONDED That Evergreen Building Maintenance Inc. be awarded the Janitorial Contract for the Community Services Building, Council Chambers and Washroom, Finance Building and the Town Office Building from July 1, 2013 to June 30, 2016 in the amount of $980.00 per month plus GST; and That an hourly rate of $18.50 plus GST be included in the contract for extra work over and above the required contract work; and That the signing officers be authorized to execute the Evergreen Building Maintenance Inc. contract. CARRIED I-3 Rescind Bylaw Enforcement Appointment R-173/13 It was MOVED and SECONDED That Council rescinds the appointment of Marie-Eve Roberge as a Bylaw Enforcement Officer pursuant to Section 36 of the Police Act and Community Charter for enforcement of the Town of Oliver Bylaws. CARRIED ITEM C. - 1. Page 7 of 113 Regular Open Minutes of June 24, 2013 I-4 Canada Post Subdivision Servicing R-174/13 It was MOVED and SECONDED That the upcoming update to the Development Servicing Bylaw include provisions to refer new development applications to Canada Post for approval in the same manner as applications are currently referred to other outside service providers; and That the May 27, 2013 letter from the Canadian Home Builders’ Association (contained in the correspondence report) be received. CARRIED J CORRESPONDENCE J-1 Correspondence Report R-175/13 Letter dated June 5, 2013 from Marija and Mirko Zelembaba re: Centennial RV Park Operating Agreement It was MOVED and SECONDED That the letter from the Zelembaba’s regarding renewing the Centennial RV Park Operating agreement be received and filed; and That the letter be brought back to the next Committee of the Whole meeting for a more in depth discussion. CARRIED R-176/13 Letter dated May 27, 2013 from Canadian Home Builders’ Association South Okanagan re: Canada Post Community Mailbox Fee. This letter is more fully addressed in a separate report dealing with “Canada Post Subdivision Servicing” under Item I-4. It was MOVED and SECONDED That the letter from the Canadian Home Builders’ Association South Okanagan re: Canada Post Community Mailbox Fee be received and filed. CARRIED ITEM C. - 1. Page 8 of 113 Regular Open Minutes of June 24, 2013 R-177/13 E-mail dated June 18, 2013 from C. Roth, Editor/Sales, Indo-Okanagan Times re: Congratulatory Ad It was MOVED and SECONDED That staff reply to the writer of the e-mail advising the town is not interested in advertising at this time; and Receive and file the e-mail. CARRIED R-178/13 Letter dated June 18, 2013 from R. Shulhan, President, Oliver Senior Center Society re: Request for letter of support for New Horizon Fund application It was MOVED and SECONDED That Council provides a letter in support of the Oliver Senior Center Society’s New Horizon Fund Grant Application for the Roof Air Conditioners/Heat Unit Replacement. CARRIED R-179/13 Letter dated June 11, 2013 from L. Manoni, Director, Presidential and Corporate Affairs, Canada Post re: Canada Post’s operations in Oliver. Correspondence in the Council Reading File It was MOVED and SECONDED That the letter dated June 11, 2013 re Canada Post’s operations in Oliver and the Council Reading File Correspondence be received. CARRIED K REPORTS K-1 Water Councillor Miller • No Report K-2 Water Councillor Machial • Regularly scheduled meetings • Freedom of the Municipality Reception – Bill Barisoff K-3 Councillor Larson • No report ITEM C. - 1. Page 9 of 113 Regular Open Minutes of June 24, 2013 K-4 Councillor Doerr • Park Place meeting facilitated by Beth Garrish • Freedom of the Municipality Reception – Bill Barisoff • OIB Extension Announcement • Fundraiser for Park Place – July 6th at Inkameep K-5 Councillor Mattes • Okanagan Regional Library Personnel Committee Meeting in Kelowna • Long time recognition dinner – Library staff • Parks and Recreation Board meeting • Friends of the Library • Parks and Recreation Annual Dinner • Freedom of the Municipality Reception – Bill Barisoff K-6 Councillor Bennest • Freedom of the Municipality Reception – Bill Barisoff • RDOS Aboriginal Protocol Agreement Signing • OIB Enhancements Announcement to Golf Course • Park Place - Donations being accepted at Credit Unions and Churches K-7 Mayor Hovanes • SD53 Meeting - Auditorium update • RDOS Aboriginal Protocol Agreement Signing • OIB Golf Course Enhancement Announcement • OOSAR Fundraiser • Park Place meeting • Fundraiser - Lloyd Rissling • Bill Barisoff - Freedom of the Municipality • Sister City meeting L UPCOMING MEETINGS July 8, 2013 - 4:00 pm - Committee of the Whole Meeting July 8, 2013 - 6:00 - 7:00 pm - Public Open House (Bylaw 1343) - Council Chambers July 8, 2013 - 7:00pm - Public Hearing - Council Chambers July 8, 2013 - following Public Hearing - Regular Meeting July 22, 2013 - 4:00 pm - Committee of the Whole Meeting July 22, 2013 - 7:00 pm - Regular Meeting August 12, 2013 Meetings Cancelled August 26, 2013 - 4:00 pm - Committee of the Whole Meeting August 26, 2013 - 7:00 pm - Regular Meeting ITEM C. - 1. Page 10 of 113 Regular Open Minutes of June 24, 2013 M PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. N ADJOURNMENT R-179/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 7:45 pm CERTIFIED AS CORRECT Mayor Deputy Corporate Officer ITEM C. - 1. Page 11 of 113 Page 12 of 113 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, JUNE 24, 2013 IN THE COUNCIL CHAMBERS Present: Chairperson Mattes Mayor Hovanes Councillors, Doerr and Bennest Water Councillors Miller and Machial Regrets: Councillor Larson Staff: T. Szalay, Municipal Manager D. Svetlichny, Chief Financial Officer L. Schultz, Deputy Corporate Officer A CALL TO ORDER Councillor Mattes called the meeting to order at 4:01pm B ADOPTION OF AGENDA CW-75/13 It was MOVED and SECONDED That the agenda be adopted as amended by adding the following: • Assessment on Land - When change indicated by BCAA (E-3) • By-Election Date (E-4) • Water Supply to Proposed Subdivision north of Town (F-1) CARRIED C ADOPTION OF COMMITTEE MINUTES C-1 Minutes of the June 10, 2013 Committee of the Whole meeting CW-76/13 It was MOVED and SECONDED That the minutes of the June 10, 2013 Committee of the Whole meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES D-1 Discussion with Fire Chief Skaros regarding Joint Purchasing Initiative request from City of Penticton previously discussed at the June 10, 2013 Regular meeting. The Fire Chief advised Council that the Oliver Fire Department has done some joint purchasing in the past such as hoses, foam and water wetter; however, there ITEM E. - 1. Page 13 of 113 Committee of the Whole meeting minutes of June 24, 2013 are certain items such as turn out gear, trucks and other large equipment that would be hard to joint purchase. A discussion ensued on joint purchasing and the Chief Financial Officer and Fire Chief will meet and come up with a list of items intending to purchase this year and forward on to the City of Penticton to see if there are any cross matches and if there is an option of joint purchasing. Fire Chief Skaros will also mention the option of joint purchasing at the next Regional District Fire Chiefs meeting. CW-77/13 It was MOVED and SECONDED That the Mayor responds to Acting Mayor Litke advising of the discussion held today regarding a Valley Wide Joint Purchase Initiative request from the City of Penticton. CARRIED E BUSINESS E-1 Grant-in-Aid Application - Tuc-el-Nuit Elementary School The Chief Financial Officer summarized his report. CW-78/13 It was MOVED and SECONDED That the letter from Tuc-el-Nuit Elementary School regarding a request for a financial contribution be forwarded to Parks and Recreation Society for their recommendation and that the writer be advised that the letter has been forwarded to Parks and Recreation. CARRIED E-2 UBCM Minister Meetings A discussion ensued on possible Minister meetings for the upcoming UBCM Convention. Community, Sport and Cultural Development • Water Twinning – Thank you • District Municipality (what does it entail?) Transportation and Infrastructure • Highway condition through Oliver to Deadman’s Lake • Issue of ICBC no longer paying for claims if accident causes our workers to go out after hours (ie: power pole struck). Used to cover and now no longer do. Solicitor General (Minister of Justice) ITEM E. - 1. Page 14 of 113 Committee of the Whole meeting minutes of June 24, 2013 • Policing structure change (over 5000) E-3 Assessment on Land - when change indicated by BCAA A discussion ensued on when class changes occur. CW-79/13 It was MOVED and SECONDED That when BC Assessment Authority amends the assessment classification of a property served by the Town’s water system from Class 9 to another class, that staff be directed to investigate whether the water supplied by the Town is still being used for farm irrigation and if so, that such properties continue being charged for irrigation water at the farm rate; and That staff bring forward the required bylaws and/or policies to implement the above procedures for council’s consideration. CARRIED CW-80/13 It was MOVED and SECONDED That staff investigate the following properties to see if still actively farming and if they are that the bylaw not be enforced this year: Name Acreage Notes - BC Assessment GILL KAMALJIT GILL GAGANDEEP 11.10 acres All greenhouses removed in 2012 GILL IQBAL SINGH GILL CHAMKAUR SINGH 9.29 acres Application sent, no response, new owner GILL KULBIR GILL NASWINDER 2 acres Application sent, no response, new owner DHILLON MOHINDER KAUR DHILLON RAJDEEP SINGH 10.10 acres No response to income/lease, developing farm not farm GILL JAGDEEP GILL SURJIT 12.4 acres No response to new application request CARRIED E-4 By-Election Date Council by consensus felt September 21, 2013 could be a tentative date for a by- election, however, nothing will trigger until Councillor Larson resigns. Mayor will contact Councillor Larson and ask her to work with staff on this. ITEM E. - 1. Page 15 of 113 Committee of the Whole meeting minutes of June 24, 2013 F WATER MATTERS F-1 Water Supply to Proposed Subdivision North of Town A discussion ensued on whom is paying for staff time, engineering and what budget is being charged. CW-81/13 It was MOVED and SECONDED That staff come up with a policy change regarding cost recovery for water applications. CARRIED G PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. • Erin Christie, new reporter for the Oliver Chronicle was introduced by Lyonel. H ADJOURNMENT CW-82/13 It was MOVED and SECONDED That the meeting be adjourned CARRIED The meeting was adjourned at 5:20 pm CERTIFIED AS CORRECT Chairperson Deputy Corporate Officer ITEM E. - 1. Page 16 of 113 ITEM F. - 1. Page 17 of 113 WATER QUALITY SUMMARY REPORT FOR MAY 2013 Page 2 2.1 Consumption Data (all data in US Gallons): May 2013 Total Monthly Consumption Max Daily Flow Min Daily Flow Avg. Daily Flow Groundwater for Domestic Use 57,621,798 2,562,914 1,187,443 1,871,442 (CPR, Lions, Rockcliffe, Tucelnuit & Miller Rd Wells) Groundwater for Agricultural and Domestic Use 33,632,905 1,822,488 549,265 1,093,915 (Buchanan & Black Sage Wells) Surface water for Agricultural and Domestic Use 65,763,636 4,536,981 83,058 2,153,867 (Mud Lake Pump Station) Surface water for Agricultural Use 348,835,158 21,781,659 1,387,712 11,499,875 (Rockcliffe Irr, Fairview Irr, Hester Cr, Mt Ko- bau, & Black Sage Irr Pump Stations) 2.2 Bacteriological Monitoring: System # # of Samples Positive Results Groundwater Municipal 4 0 Rural South (Sys 4, 5, 6, 7) 4 0 Black Sage (Sys 2) 3 1 Surface Water Rural North un-twinned (Sys 1) 4 2 Note: System 1 on boil water notice. 2.3 Chlorine Monitoring (Residual): System # of Samples Min (mg/L) Max (mg/L) Groundwater Municipal 4 0.10 0.31 Rural South (Sys 4, 5, 6, 7) 4 0.03 0.09 Black Sage (Sys 2) 3 0.07 0.12 Surface Water Rural North un-twinned (Sys 1)4 0.36 1.69 Note: Testing done at time of bacteriological sampling. 2.4 Turbidity: Turbidity in the surface water is now being continuously monitored. From the start-up of the canal the turbidity ranged from a low of 0.60/NTU to a high of 10.10/NTU. ITEM F. - 1. Page 18 of 113 WATER QUALITY SUMMARY REPORT FOR MAY 2013 Page 3 2.5 Water Conservation:  ‘Make Water Work’ campaign underway with the Okanagan Water Basin Board.  May 20th -26th was ‘Drinking Water Week’ with information at the Municipal Hall.  Most domestic water accounts read on a monthly basis for consumption billing. 2.6 Daily Temperatures: 2.7 Precipitation: Respectfully Submitted, Chandra Moncrieff Engineering Technologist Attachments to Council: Five Year Trend with Graph Attachments to IHA: Pump Station Summary and Chlorine Residual & Coliform Summary N:\Public Works\water\Monthly Reports\2013\2013-04 Monthly Report.docx ‐5 0 5 10 15 20 25 30 35 40 1‐Ma y 3‐Ma y 5‐Ma y 7‐Ma y 9‐Ma y 11 ‐Ma y 13 ‐Ma y 15 ‐Ma y 17 ‐Ma y 19 ‐Ma y 21 ‐Ma y 23 ‐Ma y 25 ‐Ma y 27 ‐Ma y 29 ‐Ma y 31 ‐Ma y De g r e e s  Ce l c i u s Maximum Minimum 0 2 4 6 8 10 12 1‐Ma y 3‐Ma y 5‐Ma y 7‐Ma y 9‐Ma y 11 ‐Ma y 13 ‐Ma y 15 ‐Ma y 17 ‐Ma y 19 ‐Ma y 21 ‐Ma y 23 ‐Ma y 25 ‐Ma y 27 ‐Ma y 29 ‐Ma y 31 ‐Ma y Pe r c e p i t a t i o n  (m m ) Total Rain Total Snow ITEM F. - 1. Page 19 of 113 January February March April May June July August September October November December Year 2013 26,822,480 25,225,568 32,194,465 46,945,213 99,359,703 2012 26,446,789 24,931,551 26,707,218 43,328,887 86,287,310 72,429,739 102,567,255 137,385,689 100,953,172 57,715,080 32,379,972 26,314,026 2011 28,652,294 26,727,332 40,517,297 43,749,730 68,352,373 106,500,319 132,281,037 160,235,971 113,873,155 56,602,653 27,875,517 27,175,323 2010 36,665,150 31,168,465 38,413,940 59,010,482 79,123,363 122,713,808 187,225,236 157,646,524 81,705,491 77,778,340 30,609,388 29,484,957 2009 36,544,980 32,432,871 37,248,173 66,032,463 119,387,324 163,704,951 183,895,096 157,108,371 99,806,369 73,658,809 35,780,807 32,878,087 Average 31,026,339 28,097,157 35,016,219 51,813,355 90,502,015 90,502,015 119,387,324 90,502,015 79,123,363 90,502,015 68,352,373 90,502,015 86,287,310 90,502,015 99,359,703 January February March April May June July August September October November December Year 2013 0 0 0 111,513,914 414,598,794 2012 0 0 0 54,565,999 435,058,354 329,074,308 498,062,630 778,108,564 562,112,733 203,189,639 0 0 2011 0 0 0 81,923,968 217,955,384 487,428,539 703,413,225 800,592,760 466,730,956 82,855,654 0 0 2010 0 0 0 143,282,167 372,441,541 345,675,030 819,983,310 751,489,826 302,270,129 191,288,279 0 0 2009 0 0 0 158,908,910 504,685,450 764,921,590 803,689,911 739,372,934 482,666,400 200,894,674 0 0 Average 0 0 0 110,038,992 388,947,904 * Data for consumption may vary from year to year for the following reasons: - Not all data is recorded from the SCADA system and some surfacewater pumps are recorded manually. - Changes in irrigated acres or crop type. - Precipitation and temperature changes in irrigating seasons. Town of Oliver (All data in to US Gallons) Surface Water Consumption Data (All data in to US Gallons) Domestic Water Consumption Data 100,000,000 150,000,000 200,000,000 250,000,000 300,000,000 350,000,000 400,000,000 450,000,000 500,000,000 550,000,000 600,000,000 2009 2010 2011 2012 2013 US  Ga l l o n s May Surface Water Consumption 5 Year Average 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000 90,000,000 100,000,000 110,000,000 120,000,000 130,000,000 2009 2010 2011 2012 2013 US  Ga l l o n s May Groundwater Water Consumption 5 Year Average \\Oliver-Vadim1\Services\Public Works\water\Annual Consumption Reports\2013 Water Consumption.xlsx ITEM F. - 1. Page 20 of 113 ITEM F. - 2. Page 21 of 113 January February March April May June July August September October November December Year 2013 26,822,480 25,225,568 32,194,465 46,945,213 2012 26,446,789 24,931,551 26,707,218 43,328,887 86,287,310 72,429,739 102,567,255 137,385,689 100,953,172 57,715,080 32,379,972 26,314,026 2011 28,652,294 26,727,332 40,517,297 43,749,730 68,352,373 106,500,319 132,281,037 160,235,971 113,873,155 56,602,653 27,875,517 27,175,323 2010 36,665,150 31,168,465 38,413,940 59,010,482 79,123,363 122,713,808 187,225,236 157,646,524 81,705,491 77,778,340 30,609,388 29,484,957 2009 36,544,980 32,432,871 37,248,173 66,032,463 119,387,324 163,704,951 183,895,096 157,108,371 99,806,369 73,658,809 35,780,807 32,878,087 Average 31,026,339 28,097,157 35,016,219 51,813,355 January February March April May June July August September October November December Year 2013 0 0 0 111,513,914 2012 0 0 0 54,565,999 435,058,354 329,074,308 498,062,630 778,108,564 562,112,733 203,189,639 0 0 2011 0 0 0 81,923,968 217,955,384 487,428,539 703,413,225 800,592,760 466,730,956 82,855,654 0 0 2010 0 0 0 143,282,167 372,441,541 345,675,030 819,983,310 751,489,826 302,270,129 191,288,279 0 0 2009 0 0 0 158,908,910 504,685,450 764,921,590 803,689,911 739,372,934 482,666,400 200,894,674 0 0 Average 0 0 0 110,038,992 * Data for consumption may vary from year to year for the following reasons: - Not all data is recorded from the SCADA system and some surfacewater pumps are recorded manually. - Changes in irrigated acres or crop type. - Precipitation and temperature changes in irrigating seasons. * Higher consumption this month presumambly due to lower temperatures resulting in water use for the purpose of frost protection Town of Oliver Surface Water Consumption Data (All data in US Gallons) Groundwater Consumption Data (All data in US Gallons) 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000 2009 2010 2011 2012 2013 US  Ga l l o n s April Groundwater Water  Consumption 5 Year Average 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 160,000,000 180,000,000 2009 2010 2011 2012 2013 US  Ga l l o n s April Surface Water Consumption 5 Year Average \\Oliver-Vadim1\Services\Public Works\water\Annual Consumption Reports\2013 Water Consumption.xlsx ITEM F. - 2. Page 22 of 113 28/06/2013 1 THE BC FRUIT GROWERS’ ASSOCIATION 125 IN 2014 Tree Fruit Industry Municipal Update Summer 2013 Outline Competitiveness of the BC Tree Fruit Sector Worker Housing Water Invasive Pests Municipal Partnerships with the agriculture sector Request for action Competitiveness Later season: High colour apples: Ambrosia, Gala Latest cherry production Relative isolation from other areas: Last area in North America free of Apple Maggot Area-wide Control of Codling Moth (a pest of apples and pears) ITEM G. - 1. Page 23 of 113 28/06/2013 2 Competitiveness (2) How does BC compete with Washington State tree fruit production? Smaller: nimbler, smarter ‘Boutique’ : local consumption and tourist attraction Institutional support: School Fruit and Vegetable Nutrition Program ‘Needs work’: hospitals, universities and colleges Factors of production: management, labour, climate, water Housing for foreign workers Issues: Farms need workers to keep the land productive. Consolidated farms house large numbers of workers (25 – 200) in a single location. Rural neighbours have urban expectations. Use in off-season. Inconsistency between municipalities. Competitive issue there is no government funding for worker housing in BC. In Washington State, government has provided $100 million towards worker housing. For the Seasonal Agriculture Worker Program Health and safety-based standards are in place. Independent inspections are carried out every year. Recommend: agriculture advisorycommittee study and report on issuesto council Water Is the Okanagan competitive with Washington (WA) State? Research quality, competitive led by Agriculture and Agri-Food Canada and BC Ministry of Agriculture, in combination with OBWB Efficiency, competitive Agriculture has adapted more efficient irrigation, urban areas not increasing the amount consumed Infrastructure, not competitive Massive investment in WA WA: Beneficiary of Columbia River Treaty storage BC: Lack of investment Storage Cost to grower, ‘Competitiveness’ Splintered vs ‘Master Plan’ ITEM G. - 1. Page 24 of 113 28/06/2013 3 Invasive Pests Our biggest concerns on introductions: Brown Marmorated Stinkbug Apple Maggot Our biggest concerns on recently introduced pests: Apple Clearwing Moth Western Cherry Fruit Fly Spotted Wing Drosophila BCFGA and fed-prov working on action plans. The ‘pathway’ for most pest intorductions is through urban areas. Municipal role: through SIR, ability to control other pests. Municipal-Regional District Programs currently in place 1.Wood Waste processing (chipping) Alternative to burning Reduces smoke 2.Sterile Insect Release Program Codling moth, using sterile insects and pheromones Urban trees / incursion of pests to orchards Reduces pesticide use / controls damage to orchards 50 % grower funded 50 % property tax funding 3.Starling Control Program Industry appreciates these partnerships – please continue Request for Action 1.Refer Housing, Water, and Invasive Pest items to the city’s Agriculture Advisory Committee. 2.Seek valley-wide approach to regulation: instruct Agriculture Advisory Committee to consider this in its study of issues. 3.Continue the great relationship with Agriculture, a major contributor to: Economic stability Support industries Environment and Tourism ITEM G. - 1. Page 25 of 113 28/06/2013 4 Thank You! ITEM G. - 1. Page 26 of 113 TOWN OF OLIVER BYLAW 1315.01 _______________________________________________________________________ A Bylaw to amend Town of Oliver Cemetery Bylaw 1315 _______________________________________________________________________ Whereas the Council of the Town of Oliver have adopted Bylaw 1315 respecting the regulation of the Oliver Cemetery; and Whereas the Council of the Town of Oliver desires to amend Bylaw 1315; Now Therefore the Council of the Town of Oliver, in open meeting assembled enacts as follows: Section 1 – Citation 1.1 This Bylaw may be cited for all purposes as “Town of Oliver Cemetery Amendment Bylaw 1315.01”. Section 2 – Amendment 2.1 The “Town of Oliver Cemetery Bylaw 1315” is hereby amended as follows: a) That the words “cremated remains” be replaced throughout the bylaw with the word “cremains” as per the Definitions of this bylaw. b) By deleting subsection 12.a in its entirety and renumbering the remaining subsections 12.a – 12.d. c) By deleting subsection 12.c in its entirety and replacing it with the following: “12.c Notwithstanding paragraphs (a) and (b), should a regular plot having been previously sold and reserved where cremains have been interred and a regular burial is to take place, a premium fee as set out in Schedule “A” shall be paid for each set of cremains to be disinterred.” d) By deleting subsection 17.d in its entirety and replacing it with the following: “17.d All applications for a permit to inter in the cemetery must be made at the Public Works office, during regular hours of business as established from time to time by the Director of Operations.” ITEM I. - 1. Page 27 of 113 e) By deleting subsection 18.a in its entirety and replacing it with the following: “18.a No person shall inter a body in the cemetery except between the hours of 8:00 A.M. and 2:30 P.M., Monday through Friday, except statutory holidays. Permission of the Director of Operations must first be obtained to inter at another time or if an emergency condition exists.” f) By deleting subsections 34.c and 34.d in their entirety and replacing them with the following: “34.c On all permits for use of cemetery plots, the Chief Financial Officer or his designate shall pay into "The Cemetery Care Fund Account" twenty-five per cent (25%) of the said permit fee except in those cases where a different amount is required or approved by the "Cemeteries Branch" of the Ministry of Labour, Citizens’ Services and Open Government for the Province of British Columbia.” “34.d On all permits for the use of cemetery plots, the amount required to be used for Care Fund purposes shall be itemized.” g) By deleting subsection 40.f in its entirety and replacing it with the following: “40.f permit any dog or other animal apparently in their care or under their direction to enter or remain in the Cemetery at any time. Service dogs are exempt to this subsection.” h) By deleting Schedule ‘A’ in its entirety and replacing it with Schedule ‘A’ attached to and forming part of this bylaw. Read a first, second and third time on the 24th day of June, 2013. Adopted on the ________ day of ________, 2013. ____________________________ ______________________________ Mayor Deputy Corporate Officer ITEM I. - 1. Page 28 of 113 SCHEDULE “A” CEMETERY FEE SCHEDULE Plots Resident Non-Resident Adult Plot 720.00 1108.00 Care Fund 180.00 277.00 Development Fee 155.00 239.00 Bab y Plot 359.00 553.00 Care Fund 90.00 139.00 Development Fee 73.00 112.00 Cremation Plot 242.00 373.00 Care Fund 55.00 93.00 Development Fee 36.00 55.00 Burial Opening and Closing during regular hours Resident Non-Resident Adult Plot 673.00 673.00 Bab y Plot 470.00 470.00 Cremation Plot 194.00 194.00 Exhumation Opening and Closing during regular hours Resident Non-Resident Standard Size Plot 884.00 884.00 Bab y Size Plot 564.00 564.00 Cremation Plot 271.00 271.00 Premium Fee for Exhumation of Cremains (12.c) 100.00 100.00 Additional Fees for Burials Plot excavation or interment on Saturday, Sunday, and Statutory Holidays or Weekdays after 3:00 pm (Works Crew) Adult Size Interment 462.00 Bab y Size Interment 462.00 Cremains Interment 231.00 ITEM I. - 1. Page 29 of 113 SCHEDULE “A” CEMETERY FEE SCHEDULE - continued Other Fees and Charges Plot Liners: Regular 279.00 Oversize 416.00 Cremation Liners: 9” x 9” 59.00 12” x 12” 74.00 Scattering Garden Fee 60.00 Administration Fee 60.00 Office Staff Overtime 184.00 Emergency (under 24 hour notice) 151.80 Hourly rate for special requests during regular hours 52.50 per hour Offsite rental of lowering device and greens (includes delivery, set up and removal within a 5 km radius) 184.50 MARKER INSTALLATIONS Single Flat Marker Installation 110.00 Single Flat Marker Care Fund 25.00 Double Marker Installation 132.00 Double Marker Care Fund 33.00 Pillow Marker Installation 132.00 Pillow Marker Care Fund 33.00 Upright Marker Installation 132.00 Upright Marker Care Fund 33.00 Scattering Garden Plaque Installation Actual Cost plus 30% Scattering Garden Plaque Care Fund 33.00 Marker Removal and Resetting Fee 110.00 Concrete marker base (includes grave compaction and hole(s) for vase) 330.00 ITEM I. - 1. Page 30 of 113 Town of Oliver PLANNING CONSULTANT’S REPORT Report to: Regular Council Meeting of July 8, 2013 From: Christopher Garrish MCIP, RPP Date: July 4, 2013 Subject: Official Community Plan Amendment Bylaw No. 1343 Update of Temporary Use Permit provisions; and Development Permit Areas and Guidelines format Action: Recommendation File: General Planning 3010-01 1.0 PURPOSE: This Amendment Bylaw seeks to update those provisions of the Town’s Official Community Plan (OCP) Bylaw that relate to Temporary Use Permits (TUPs), and to amend the formatting applied to Part 10 (Development Permit Areas and Guidelines) of the OCP in order to address a number conflicts involving section numbering. 2.0 RECOMMENDATION: It is recommended: A. THAT Bylaw No. 1343, 2013, Town of Oliver Official Community Plan Amendment Bylaw, be read a third time and adopted. Alternative: THAT Council rescind first and second reading of Amendment Bylaw No. 1343, 2013, Town of Oliver Official Community Plan Amendment Bylaw, and abandon the bylaw. Christopher Garrish MCIP, RPP MUNICIPAL MANAGER’S COMMENTS: 3.0 BACKGROUND INFORMATION: At its meeting of June 24, 2013, Council approved first and second reading and delegated the holding of a Public Open House and Public Hearing. ITEM I. - 2. Page 31 of 113 July 4, 2013 Amendment Bylaw 1343 Page 2 A Public Open House is scheduled to be held on July 8, 2013, and is to be followed by a Public Hearing on this same date. The Amendment Bylaw was also referred to a number of external agencies, and all received comments have been included in the minutes of the Public Hearing. 4.0 ANALYSIS: TEMPORARY USE PERMITS The proposed amendments seeks to designate all land uses under the OCP as an area in which a TUP may be considered for issuance. It is also being proposed that a number of objectives be introduced and to clarify the circumstances under which a TUP should be considered (i.e. “where uncertainty exists respecting appropriateness or viability of the use, and where it is premature to decide upon rezoning and long-term land use rights”), and the intent of a TUP (i.e. “temporary use permits are not considered a substitute for a rezoning application”). Supporting policies include the statement that a public information meeting should generally occur prior to the issuance of a permit, while the range of criteria against which a TUP application will be considered has been expanded, while a possible list of conditions that can be applied to a TUP has been added. DEVELOPMENT PERMIT AREAS AND GUIDELINES The absence of sub-section numbers within each Development Permit Area has resulted in duplicate section numbers, which becomes very problematic when communicating with applicants or the public and when drafting permits. In order to address this, it is being proposed to introduce a standard set of sub-sections, each with their own number. ITEM I. - 2. Page 32 of 113 TOWN OF OLIVER BYLAW 1343 A Bylaw to Amend Official Community Plan Bylaw 1070, 2003 The council of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited for all purposes as “Official Community Plan Amendment Bylaw 1343.” 2. The Town of Oliver Official Community Plan Bylaw 1070, 2003, is amended by deleting Part 10 (Development Permit Areas and Guidelines). 3. The Town of Oliver Official Community Plan Bylaw 1070, 2003, is amended by adding a new Part 10 (Development Permit Areas and Guidelines) to read as follows: PART 10: DEVELOPMENT PERMIT AREAS AND GUIDELINES In accordance with Section 919.1 of the Local Government Act, an Official Com- munity Plan may designate Development Permit Areas within the Town of Oliver. Unless otherwise specified, a Development Permit must be approved by Town Council prior to any development, subdivision, construction or alteration within a Development Permit Area. Reasons for requiring a Development Permit The Local Government Act indicates that Development Permits may only be re- quired for the following reasons: 1. Protection of the natural environment, its ecosystems and biological diversity; 2. Protection of development from hazardous conditions; 3. Protection of farming; 4. Revitalization of an area in which a commercial use is permitted; 5. Establishment of objectives for the form and character of intensive residential development; 6. Establishment of objectives for the form and character of commercial, indus- trial or multifamily residential development; and 7. Establishment of objectives to promote energy & water conservation and the reduction of greenhouse gas emissions. For lands designated within a Development Permit Area, the Official Community Plan must describe the special conditions or objectives that justify the designation and specify guidelines respecting the manner by which the special conditions or objectives will be addressed. ITEM I. - 2. Page 33 of 113 Official Community Plan Amendment Bylaw 1343 Page 2 There are seven Development Permit Areas outlined in Oliver’s Official Commu- nity Plan: Development Permit Areas within Oliver 1. Wine Village Core Development Permit Area 2. Multiple Family Development Permit Area 3. General / Tourist Commercial Development Permit Area 4. Town Centre Development Permit Area 5. Industrial Development Permit Area 6. Environmental Development Permit Area 7. Riparian Development Permit Area Land designated within a Multi-family or Commercial Development Permit Area which are adjacent to agricultural lands, shall be considered within a Development Permit Area for the protection of farming pursuant to Section 919.1(1)(c) of the Local Government Act. Development Permit Areas are noted on Schedule “F” Development Permit Area Map. 10.1 WINE VILLAGE CORE DEVELOPMENT PERMIT AREA GUIDELINES 10.1.1 CATEGORY The Wine Village Core Development Permit Area is designated for the establish- ment of objectives for the form and character of commercial and multi-family res- idential development pursuant to Section 919.1(1) (f) of the Local Government Act. 10.1.2 AREA The areas designated within the Wine Village Core Development Permit Area are illustrated on Schedule “F” Development Permit Area Map. Where the proposal is located in the “Wine Village Core” area indicated on Schedule “F” Develop- ment Permit Area Map, the development permit shall consider the following addi- tional objectives and guidelines: Appendix 1: Wine Village Core Area Concept Plan (2008) 10.1.3 JUSTIFICATION As the Wine Capital of Canada, Oliver’s Wine Village Core Area was the subject of intensive community based urban design planning in 2008. Design guidelines oriented to the form and character of commercial and multi-family residential de- velopment within the Wine Village Core Area are aimed at achieving solutions ITEM I. - 2. Page 34 of 113 Official Community Plan Amendment Bylaw 1343 Page 3 that will enhance adjacent public space and contribute positively to the urban and architectural character of the Core Area and Oliver’s central business district as a whole. 10.1.4 OBJECTIVES The objectives of this designation are to draw inspiration from the heritage, land- scape, and existing architectural qualities of the Town and represent a sensitive and progressive understanding of how the unique character of Oliver can be re- flected in the redevelopment of the Wine Village Core Area. The Wine Village Core Area is envisioned to become a pedestrian oriented, family-friendly neigh- bourhood where a diverse array of people will live, work and socialize and a key feature of Oliver’s attraction to out of town visitors. 10.1.5 GUIDELINES Development Permits issued in this area shall be in accordance with the following guidelines: 1. Building Massing and Architectural Design i) While no specific architectural style dominates in Oliver, the Town has identified the Art Deco influence of the 1920’s, as well as, the ec- lectic mix of architecture on Highway 97 / Main Street as the pre- ferred architectural style to be promoted in the Wine Village Core Ar- ea. The aim is to capture an organic architectural feeling versus a more manufactured, themed, or “cookie-cutter” approach. The Town of Oliver promotes a range of styles to be developed, reflective of the current downtown. ii) The mass, scale and architectural elements of buildings should be sen- sitive to the existing site context and overall character of the town. iii) Secondary elements such as balconies and other projections should be used to break up the mass of buildings. iv) Large masses of buildings should be visually broken up into smaller components. Large-scale development that addresses significant lengths of road frontage should be broken into smaller sections of dif- ferent character. v) The design of taller buildings in the Core Area (5 to 6 storeys) should respond to potential negative impacts on adjacent properties including overshadowing, overlooking and wind-tunnel effects. vi) Height transition should be incorporated into the design of tall build- ings especially when situated adjacent to lower density and height buildings. vii) Buildings over 3 storeys in height should have a base building height of no more than 2 storeys with upper floors stepping back to reduce the visual impact and building mass as perceived at the street level. ITEM I. - 2. Page 35 of 113 Official Community Plan Amendment Bylaw 1343 Page 4 viii) Encourage contemporary interpretations of the architectural forms that respect the scale, form and materials as outlined in this document. ix) Overall, the scale of the materials applied to a building should reflect the building size and intensity of use. x) Any larger building blocks should be broken into functionally and visually smaller units by internal drive aisles, a network of connected walkways and landscaping. xi) Where multi-storey and lower density developments share a common boundary there should be a gradation of massing and height. xii) The use of details and natural materials is highly encouraged. xiii) The shape, roof lines, architectural features and exterior finish should be sufficiently varied to create interest and avoid a monotonous ap- pearance. xiv) Franchise or corporate style architecture and / or highly contrasting colour schemes are discouraged. xv) Prefabricated buildings are strongly discouraged. xvi) Any franchises or corporate style architecture proposed should be sit- ed and designed to be compatible with the character of the Wine Vil- lage Core Area and should be reviewed by the Town’s Advisory De- sign Panel. xvii) Buildings in the Core Area should seek to provide a range of types and elevations which help to strengthen the character and identity of the area. Excessive repetition of residential types, sizes and design (style, elevation, and materials) should be avoided. xviii) Variations in height and setback, materials and colour should be used to create diversity in building response. High quality materials that re- flect the local vernacular and architectural identify should be used. 2. Façade and Corner Features i) Buildings should define a pedestrian oriented first floor with canopies, window and door trim, varied building facades, etc. ii) Building design should incorporate architectural detailing and variety in building finishes to provide interest such as windows and door de- tails, varied roof lines, pillars, turrets, cornices, or similar features. iii) A variety of complimentary materials is encouraged to provide oppor- tunities for the articulation of individual addresses or units. iv) Front entrances should be well-defined and provide a focal point to the building. v) Too varied a range of building materials is discouraged in favour of achieving a unified building image. ITEM I. - 2. Page 36 of 113 Official Community Plan Amendment Bylaw 1343 Page 5 vi) Building materials should be selected for their permanence and func- tional and aesthetic quality. Exterior finishes should exhibit quality of workmanship, sustainability and ease of maintenance. vii) The appearance of building materials should be true to their nature and should not mimic other materials. viii) Corner lot developments are the focal point of any streetscape. On commercial corridor corner lots, the building and landscape architec- ture should therefore be exemplary and of landmark quality. Corner lot buildings should relate to both street edges, and corner entrances, angled facades at intersections, and stepped designs are encouraged. ix) Corner buildings at the intersections of primary roads or at gateway locations are visually prominent in the urban environment and should include articulated building elements in the form of towers, bays or other details that emphasize the significance of these buildings. De- velopment on corners or at the entrances to nodes should provide a gateway function. x) Buildings on corner sites also need to consider the design and detail of both frontages equally. xi) Corners are best emphasized by incorporating prominent entrances and windows at the apex, expressing height by, for example, using a detail feature that draws attention to the corner site and creating a landmark or gateway entry into the street. xii) Corner features on blocks should allow additional height to define these areas and enhance the legibility of streets. xiii) Building finish shall be consistent in terms of appearance and colour on all elevations. xiv) Building frontages should have a high degree of diversity. Facades of buildings should be highly detailed and break up the mass of buildings on the street. xv) Blank walls and areas of limited activity should be avoided. xvi) Entrances, offices and other human scale spaces should be expressed on the facades to increase their legibility. xvii) Materials used on the front façade should be carried around the build- ing to present a consistent theme. xviii) Corners and entrances provide opportunities for shifts in scale, and building orientation. xix) The front façade of buildings should provide a high standard of de- sign, detail and variety of materials should be combined to create building frontages with a distinct street presence. ITEM I. - 2. Page 37 of 113 Official Community Plan Amendment Bylaw 1343 Page 6 xx) The base, middle and top of the building façade should be expressed through the use of materials and design detail. xxi) Blank or single material facades that extend the entire length of the building parallel to the public street are not permitted. xxii) Blank walls in other locations which are visible to the public, should incorporate additional architectural detailing and / or signs, murals, artworks or graphic design. xxiii) Facades of any significant size should be subdivided through a combi- nation of windows and projections and recessions in the building wall to create a consistent rhythm across the façade and establish divisions that demonstrate a hierarchy of entrances and identify individual busi- nesses / building functions where applicable. xxiv) Appropriate scaled glazing should be provided on the at-grade primary building façade and areas that have public activity. Glazing may be actively used to provide storefront windows or merchandise displays. xxv) Lintels, cornices, dentils and other details are recommended on wall surfaces to reduce the potential heavy effect of brick and stone walls. xxvi) Changes in the use of wall facing materials may occur at wall setbacks or projections, or to articulate the transition between the building base, middle and top. xxvii) Facade materials should be based on energy and maintenance efficien- cy. xxviii) Buildings facing or flanking a street, lane or open space should pro- vide a generous amount of window openings to encourage strong vis- ual connections between the public and private realm. xxix) Appropriate sized, energy efficient windows are encouraged as they increase visibility from private dwellings to the public realm, add to the building character and contribute to conservation objectives. xxx) Creative arrangements of windows play a functional role in providing natural ventilation and light, views and privacy for dwellings. xxxi) Centre lines of similar windows may be aligned vertically or other- wise, and dependent on the ultimate architectural style. xxxii) Clerestory windows are encouraged. 3. Building Relationship to Streets and Public Open Space i) The plaza should be enclosed by buildings appropriate to its scale, with potential stepped back facades from ground level, to provide a sense of enclosure at human scale. Where buildings front the plaza, they should have active frontages wherever possible and not include blank walls or fences. ITEM I. - 2. Page 38 of 113 Official Community Plan Amendment Bylaw 1343 Page 7 ii) Buildings should have a strong relationship to the street, both in use and form. iii) Variety, continuity and pedestrian interest should be expressed in the design of buildings, especially at ground level. iv) In areas of greater density street edges should be activated by devel- opment facing the street. v) Balconies should be oriented to provide casual overlooking and sur- veillance of the street. vi) Buildings should create a strong street edge to provide physical defini- tion to streets and public spaces. This is achieved by locating build- ings close to the street edge and ensuring there is adequate space for pedestrian movement. vii) Front setbacks should aim to create good urban spaces within the streetscape environment. viii) The public faces of buildings should provide enclosure of the street or open space network and be oriented to the street to provide casual sur- veillance of these. Enclosure of the street is important to provide a comfortable and pleasant pedestrian environment. Development of buildings should be of a ‘human scale’ that reflects its relationship to the street and / or open space network. ix) Residential units should be designed so that they are oriented towards the street to allow for passive surveillance in public plazas, streetscapes and open space. x) A strong street front with consistent massing and setbacks should be encouraged. xi) Edges of nodes should be clearly defined through the use of additional height, massing and open space. xii) Overall the streetscape should encourage clear articulation of individ- ual shops, offices, residential entries, etc. xiii) Articulation of building forms will be encouraged through the devel- opment of architectural elements such as canopies, awnings and roof overhang design in coordination with the applied materials strategies. Consideration for snow loads, snow shedding, sun-shading and pedes- trian weather protection should be incorporated into the individual building design. 4. Useable Private Open Space i) Outdoor eating areas and street-side patios are encouraged. ii) Depending on site specific conditions and the surrounding develop- ment context, side or rear setbacks should allow for building and site servicing and for the provision of private open space. ITEM I. - 2. Page 39 of 113 Official Community Plan Amendment Bylaw 1343 Page 8 5. Sustainability i) New buildings should be designed to meet and preferably exceed na- tional and international environmental standards such as Model Na- tional Energy Code of Canada for Buildings (MNECB), C-2000, IS) 14000, or ASHRAE / IESNA 90.1-1999. ii) New development should seek to meet standards such as those out- lined by Leadership in Energy and Environmental Design (LEED) or Green Globes certification. iii) Buildings should be designed so that windows in other buildings do not overlook private open space. iv) Buildings should be oriented to maximize solar gain in winter and uti- lize multi-storey and shared wall buildings forms where possible. En- ergy efficient and reusable materials should be used wherever possible to minimize the ecological footprint of buildings. v) Developments should be designed and materials selected to reduce winter heat loss and make use of solar energy. Passive solar tech- niques should be utilized on all buildings. vi) Stormwater and water reuse and recycling should be incorporated into the design of all development and include roof tanks and low flow wa- ter devices. vii) The use of on-site renewable energy sources such as solar and geo- thermal is encouraged, particularly given the high water tables in the area of the Wine Village. viii) Roof spaces suitable for solar panels should be designed on all build- ings and be south facing where possible. ix) Building orientation should maximize positive site features like solar exposure and view opportunities. x) Buildings should be oriented to consider the local climate and maxim- ize solar access in the winter months. 6. Roofs i) Roof forms in the Core Area should reflect the existing architectural forms and represent identified important heritage references. A varie- ty of roof shapes are encouraged, however roof forms should apply a consistent roofline in mass and height to adjacent buildings. ii) Roof forms should contribute to the façade articulation and where ap- propriate act to decrease the visual bulk of a building. iii) Roof materials and colours should complement those of the proposed building. ITEM I. - 2. Page 40 of 113 Official Community Plan Amendment Bylaw 1343 Page 9 iv) Multi-unit residential buildings should express individuality through defined roof forms that express individual dwelling and contribute to the character of the Wine Village as a whole. v) Roof forms for landmark buildings should assist in identifying these buildings as significant gateways and entrances into the Wine Village Core Area. vi) Roof elements including chimneys, dormers and pitches should be in- corporated as distinct elements providing the potential for additional variety from one building to the next. vii) The use of dormers on sloped roofs is encouraged to promote the liva- bility of top storeys for residential use. viii) Rooftop material equipment and vents should be incorporated as an integral part of the building design where possible. ix) Roof top units and vents should be set back from the roof edge and screened using materials complementary to the building. 7. Decks, Porches, and Stairs i) Outdoor decks, porches and stairs are functional building elements that provide building access and active amenity spaces. ii) Deck dimensions should be large enough to accommodate furnishings and ensure their active use. iii) Steps to decks should have generous proportions and a gentle rise and run to encourage safety and active use. iv) The design of deck railings and columns should be integrated and use complementary materials. v) Finish materials should extend to all sides of the porch, deck and stairs. The underside of a porch should not be exposed to the street. vi) Multi-storey dwellings should provide outdoor decks for residents as amenity spaces for upper units. vii) Continuity of deck design is recommended between detached and semi-detached dwellings. Material and detail variations may occur between decks provided there is a similarity of scale and proportion. viii) Residential unit decks should be the same or establish a clear rhythm of variation between units. 8. Building Entrances i) Building entrances throughout the Core Area should be developed to create high quality pedestrian infrastructure and should provide clear and identifiable building entrances. ii) Main entrances to buildings should be emphasized through canopies, awnings or taller, non-habitable building structures. The volume and ITEM I. - 2. Page 41 of 113 Official Community Plan Amendment Bylaw 1343 Page 10 height of these structures emphasize the prominence of entrances, par- ticularly at a corner location. iii) Primary building entrances should clearly address the street and pro- vide visibility to interior lobbies and spaces to allow for safe and con- venient arrival and departure from the building. iv) Where possible, access to ground level offices should be barrier-free and avoid the use of steps or ramps. v) Where steps or ramps are required, they should be coordinated with the design of the building and should conform to barrier-free access requirements. vi) Entrances should be positioned so to not break up ground floor retail continuity. vii) Commercial / retail development should provide multiple entrances at multiple frontages to improve site design flexibility and options for building location. 9. Covered Walkways and Colonnades i) The Concept Plan for the Wine Village Core Area includes a number of colonnades and covered areas which aim to connect several build- ings and provide all weather cover and seasonal relief. ii) Colonnades, covered walkways and porticoes are recommended in the development of the Core Area as a means of weather protection and to add articulation to the building elevation. iii) Colonnades, covered walkways and other substantial structures should be permanently roofed. iv) Lighting and landscape elements should be incorporated into the de- sign of these structures to promote their safety and integration with the site. v) The choice of materials should reflect their purpose in the building. Colonnades, covered walkways and porticoes would include exposed concrete or stone for foundations and load bearing walls, or exposed timber-frame elements that are integral to the structure. 10. Parking and Access i) Buildings and public spaces must address the needs of everyone and especially those with disabilities, the elderly and pushchairs. ii) Parkades should be provided with landscaping, and should follow the same guidelines that apply to all other buildings as noted above. iii) Large ground parking areas should be broken into smaller groups, di- vided by landscaping. iv) Parking areas between a street and buildings is discouraged. ITEM I. - 2. Page 42 of 113 Official Community Plan Amendment Bylaw 1343 Page 11 v) Parking areas should be accessed from lanes wherever possible. vi) Entrances and exits across sidewalks are discouraged. vii) Ground level parking areas should be provided with landscaping in the following areas: a) Along the edge of the parking areas next to roadways and side- walks. b) Between buildings and parking areas. viii) Where public or private parking areas are adjacent to streets, they should be enclosed with a decorative fence such as wrought iron or stucco wall, a minimum of 1.0 metre in height, complete with land- scape screening. In areas where a landscape strip is difficult to achieve due to parking dimensions, landscaping could be included within the parking area adjacent to the street. ix) Where achieving these design guidelines results in a loss of required parking stalls, there stalls may be recovered by locating them on an- other parcel of land. Residential parking stalls located off the subject site must be within 100 metres, and commercial parking stalls located off the site must be within 200 metres of the subject site. Any re- quired parking stalls located off the site must be protected by a cove- nant. x) Outdoor or off-street parking lots that serve commercial or civic de- velopment areas should be designed as a series of smaller lots and use landscape treatments to further reduce their visual impact. xi) Off street parking should be configured and designed to reduce the overall mass and visual dominance of paved areas. xii) Off-street surface parking should incorporate walkway infrastructure as an integral element of the design in order to ensure safe pedestrian and vehicular movements. xiii) Off-street surface parking should be designed to provide a strong vis- ual quality through the use of high quality landscaping, lighting and pavement materials. xiv) Off-street surface parking should be designed according to environ- mental sustainability principles, including minimizing of surface water run off and heat island effects. xv) The design of off-street parking should look into opportunities for stormwater recycling and filtration as a part of the design and layout. xvi) Internal landscaping of off-street parking should define and visually separate parking into smaller courts and visually reduce the overall impact of surface parking areas. ITEM I. - 2. Page 43 of 113 Official Community Plan Amendment Bylaw 1343 Page 12 xvii) Parking should be provided at the rear of blocks or underground in higher density areas to reduce the visual impact of car parking. xviii) Access to under building parking should be provided at the interior of the lot and not at the corner. xix) Vehicular ramps for under building parking should not dominate the street frontage. xx) Parking within a structure should be screened from view at sidewalk level. xxi) Where larger areas of parking need to be provided they should be bro- ken up into smaller car parks and visually mitigated with planting. xxii) A landscaped island should be located at each end of every parking aisle (and throughout). Landscaped islands should be a minimum width of 2.5m wide. xxiii) Planting beds and landscaped islands within parking areas should in- clude a curb edge to prevent damage caused by vehicular movements and snow clearing. xxiv) Permanently installed irrigation systems that feature low-flow and wa- ter conserving systems should be provided for all parking lot land- scaping. xxv) Under building parking may designed to serve as public parking as well as to service ground storey shops, businesses and residential de- velopment above. xxvi) Under building or parkade buildings should be arranged so that the parking itself is tucked behind or obscured by commercial or retail de- velopment on the ground floor. xxvii) Parking on the ground or at the lower levels of buildings should en- courage retail frontage along the street face to ensure that car parking is not visible from the street. xxviii) The actual location and depth of excavation associated with under building parking will depend on geotechnical investigation of individ- ual sites to determine exact layout and design. xxix) Bicycle parking is an important component and should be included throughout the Wine Village in order to promote alternative modes of transport, particularly for employees and consumers with small pur- chases. 11. Loading and Service Areas i) Service areas should be designed as a part of the building and or site design and not as separate standalone structures. Storage of goods or garbage should be internal to the main buildings, where possible. ITEM I. - 2. Page 44 of 113 Official Community Plan Amendment Bylaw 1343 Page 13 ii) Service areas for delivery, loading and garbage pickup should be co- ordinated to reduce vehicular interruptions along the public street and public areas. 12. Screening and Landscaping i) Where landscaping is proposed, landscape design plans prepared by a landscape professional will be required with landscaping densities de- signed to industry standard. ii) Landscaping should be provided to enhance buildings wherever prac- tical and possible, and should be designed as part of a comprehensive landscaping plan that complements the building and the surrounding area. iii) Landscaping comprised of plant material that has a high decorative value and is drought tolerant is encouraged. iv) Landscaped areas should include an underground irrigation system, which should be programmed to maximize efficient water use. v) Site design should incorporate a low impact approach to managing stormwater. This may include swales, bio-retention and rain gardens to reduce stormwater flows and contaminant loadings. vi) The site should be provided with supplementary screening in the form of walls, fencing, hedging, planting, other screening materials or a combination of materials around outdoor storage areas and waste dis- posal containers and heating and cooling equipment. vii) Parkades must be provided with landscaping to mitigate any negative visual impacts. viii) Where solid screens are provided, their materials should be similar to those of the buildings exterior finishes. ix) Native plant materials should be used wherever possible to promote local sense of place. x) Xeriscape planting should be encouraged to maximize opportunities for water conservation xi) Naturalistic plantings should be incorporated along the Okanagan River Channel and the Hike and Bike Trail to further integrate these areas with the natural landscape setting. xii) Existing significant trees and vegetation should be protected where possible and integrated into the site design. xiii) Landscape design should incorporate a wide range of strategies to minimize water consumption, provide alternatives to lawn and to al- low for natural rainwater collection systems. ITEM I. - 2. Page 45 of 113 Official Community Plan Amendment Bylaw 1343 Page 14 xiv) Choice of tree species should reflect the local identity and help pro- vide comfortable and safe environments such as shade in summer and light in winter. xv) Existing trees and vegetation within the Wine Village Core Area should be retained where possible and utilized to add to the visual character of the street. 13. On-Site Utilities i) Utilities should be buried below grade where possible, typically in the boulevard section of the right-of-way. Above-grade utilities should be sited with regard for their visual impact on the streetscape. ii) Wherever possible, above-ground utilities (transformer pads, tele- phone switching stations and junction boxes) should be located away from intersections, day-lighting triangles, and visual axes such as the end of intersections or other view corridors. Where street grade public utilities do occur, they should be screened with landscape treatment and integrated into built form where possible. 14. Signs i) The design of fascia signs containing individual business signage should be integrated into the design of the building and should com- plement the building design and finishes. ii) Signage should be consistent and coordinated throughout the Town. iii) Pylon signs for private development should be discouraged. iv) Building identification signs should be incorporated prominently on the front façade or under the colonnade and should be compatible with the building design in scale, material and colour. v) Externally lit signs are encouraged, particularly those that face the public street or parallel a pedestrian walkway. vi) The design of signs in the Wine Village should be complementary to the design of buildings and urban form and seek to provide a con- sistent image for the Core Area. As signage can create a major clutter problem in the urban environment, signage design should be consid- ered as a part of an overall branding exercise to ensure a consistency in form, materials and design. 15. Lighting i) Lighting of buildings should be designed to complement the building architecture and design and to improve pedestrian safety and access. ii) The distribution of outdoor lighting should be controlled to minimize light pollution and maintain a dark, night sky. iii) In the design of lighting for outdoor open space, care also needs to be made to avoid unnecessary light pollution. ITEM I. - 2. Page 46 of 113 Official Community Plan Amendment Bylaw 1343 Page 15 iv) Downcast road-scale lighting should be provided on major roads. v) Downcast pedestrian scale lighting should be provided on all side- walks, pathways and public open spaces. vi) Energy efficient light technology should be considered throughout the Wine Village Core Area. vii) Excessive illumination of signage, building or site should be avoided. Roof lighting, down lighting washing building walls or illuminated awnings are all discouraged. 10.1.6 EXEMPTIONS The following do not require a Development Permit: 1. Routine building repairs / maintenance including new roof, residing, re- stuccoing, and window and door replacement; 2. Internal renovations; 3. Instalation of canopies, awnings, decks, or building mounted signs; 4. Building Code and safety requirements and upgrades such as the installation of fire protections systems, installation of fire exits, construction of ramps for persons with disabilties, etc.; 5. Building additions less than 100 square metres and less than 20% of the existing floor area; 6. Open roofed structures, gazebos and trellises; 7. Glass balcony enclosures; 8. Subdivision of land; 9. Construction of fences; or 10. External building renovations not exceeding $30,000.00 in cost. 10.2 MULTIPLE FAMILY DEVELOPMENT PERMIT AREA GUIDELINES 10.2.1 CATEGORY The Multiple Family Development Permit Area is designated for the establish- ment of objectives for the form and character of multiple family residential devel- opment, pursuant to Section 919.1(1)(f) and Section 919.1(1)(c) of the Local Gov- ernment Act. 10.2.2 AREA The areas designated within the Multiple Family Development Permit Area are il- lustrated on Schedule “F” Development Permit Area Map. ITEM I. - 2. Page 47 of 113 Official Community Plan Amendment Bylaw 1343 Page 16 10.2.3 JUSTIFICATION Most multiple family developments are located in areas next to major roadways, and are often adjacent to single family residential neighbourhoods. The promi- nent size and location of multiple family developments can have a significant vis- ual impact on adjacent and surrounding neighbourhoods, and can provide a posi- tive or negative impact on the residents and visitors to Oliver. Well crafted design guidelines can be the tool used to ensure that multiple family developments en- hance neighbourhoods, minimize neighbourhood friction, and create a positive impression for the community. 10.2.4 OBJECTIVE The objective of this designation is to ensure that the siting, form, character and landscaping of new multiple family development and exterior renovations and ad- ditions to existing buildings are compatible with the context of the surrounding neighbourhood. Also that site access, parking, storage and landscaping matters are satisfactorily resolved, and generally, development is of high aesthetic quality. New housing development should foster a sense of community, enhance the exist- ing streetscape, and should maintain or enhance the area’s livability. 10.2.5 GUIDELINES Development Permits issued in this area shall be in accordance with the following guidelines: 1. Buildings and Structures i) The design and introduction of new building types to a residential neighbourhood, other than a neighbourhood in transition, should pro- vide harmony and lend continuity to the neighbourhood and should not create excessive disruption of the visual character of the neighbour- hood. ii) Large buildings should be designed in a way that creates the impression of smaller units and less bulk, by using articulated building walls and ir- regular faces. iii) In areas where there is an OCP land use designation change, abrupt transition between well established areas of single family buildings and higher proposed multi-family development is undesirable. New devel- opment should not be greater than one story higher than adjacent devel- opment. Subsequent storeys should be terraced back a minimum of 3.0 metres. iv) Building shape, roof lines, architectural features and exterior finish should be sufficiently varied to create interest and avoid a monotonous appearance. v) Waste disposal bins should be completely screened within an enclosure. ITEM I. - 2. Page 48 of 113 Official Community Plan Amendment Bylaw 1343 Page 17 vi) Townhouse and multi-family developments should front, or appear to front onto adjacent roadways. This may be achieved through appropri- ate treatment of the building exteriors and through the provision of pe- destrian entrance-ways and walkways to the street. vii) Apartments must contain an entrance feature that provides a positive street image and aesthetically pleasing curb-appeal. viii) Where townhouse units have attached garages or carports, the units should be wide enough to allow the creation of attractive entrances to the individual units between garages. The garage or carport should not dominate the dwelling unit. ix) The design and siting of buildings and individual units should take ad- vantage of views, natural amenities and adjacent open spaces, and should attempt to provide the maximum number of units with sun expo- sure, to enhance the livability of the dwelling units. 2. Parking and Access i) Safe and efficient vehicular entrances and exits, and on-site circulation should be provided. ii) Where individual townhouses or multi-family units have vehicular ac- cess via public streets, combined driveway access points are encouraged in order to minimize interruptions of landscaping along boulevards. iii) Large surface parking areas should be broken down into smaller park- ing lots evenly dispersed throughout the development and integrated with planted landscaped areas. Tree planting and landscaping is re- quired in parking areas. iv) The use of different surface materials for interior drive aisles and en- trances to individual garages is encouraged. v) Parking areas between the front of buildings and the street is discour- aged. 3. Screening and Landscaping i) Landscape design plans prepared by a landscape professional will be required for all new multi-family developments with landscaping densi- ties designed to industry standard. ii) Landscape designs for new development should retain, where possible, existing mature trees, and the landscaping components should be de- signed as part of a comprehensive plan that complements the building and the surrounding uses. iii) Landscaping comprised of plant material that has a high decorative val- ue and is drought tolerant is encouraged. ITEM I. - 2. Page 49 of 113 Official Community Plan Amendment Bylaw 1343 Page 18 iv) Recreation, play, or open green areas should be provided within each project and should be sensitive to the needs of all age groups likely to reside within the development. v) All waste disposal bins should be completely screened within an enclo- sure. vi) The site should be provided with screening in the form of walls, fenc- ing, hedging, planting, other screening materials or a combination of materials in the following areas: a) Around outdoor storage areas and waste containers, heating and cooling equipment, and other service areas. b) Between parking areas and the street and buildings. c) Along the property edge next to roadways. d) Along on-site access roads. e) Along the sides of buildings. vii) The visual impact of cut and fill requirements for development on hillsides or steep topography should be minimized by replanting the slopes with appropriate landscaping. viii) Landscaped areas should include an underground irrigation system, which should be programmed to maximize efficient water use. ix) Setback areas adjacent to streets should be planted with boulevard trees and turf. x) Boulevards should be landscaped with turf. 4. Signage i) Free standing signage should be low, front lit or unlit, with a landscaped base. ii) The general character of signs should positively relate to the character of the associated building. 5. Guidelines for the Protection of Farming In an effort to mitigate impacts of urban development on adjacent farming operations and vice versa, lands designated within a Multi-Family Develop- ment Permit Area and which abut lands designated for agriculture, shall con- form to the following guidelines. i) Where multiple family developments abut agricultural lands, appropri- ate buffering, screening, and fencing is required. Building orientation and additional setbacks shall be considered in the design to minimize conflicts with the agricultural use. ii) Principal buildings or buildings which will be occupied in some form, shall not be located closer than 15 metres to the property line separating the multiple family use from the agricultural use. Parking and drive- ITEM I. - 2. Page 50 of 113 Official Community Plan Amendment Bylaw 1343 Page 19 ways are encouraged within the 15 metre buffer area. Considering that some properties may be separated from a farm operation by a road, set- back requirements will be evaluated based on site specific circumstanc- es. iii) Principal buildings or buildings which will be occupied in some form shall be designed in a manner to avoid or reduce the number of doors, windows and outdoor patios which face the agricultural land. Careful consideration should be given to the location of air conditioner or heater intakes to minimize the impacts of agricultural sprays and odors. iv) Provide landscaping with trees, including coniferous trees, as a major landscaping component, as well as dense shrub vegetation, within at least 10 metres of the required 15 metre setback. Wherever possible, double rows of trees should be planted. A majority of the plant material selected should include low maintenance, and should be installed with an automatic underground water efficient irrigation system. v) A minimum 1.8 metre high solid wood fence must be erected to sepa- rate multiple family developments from adjacent lands designated Agri- culture. The landscaping proposed for the development together with the required solid wood fencing must in the opinion of the Town of Ol- iver be a reasonable attempt to mitigate the impacts of farming opera- tions on the proposed multiple family development and vice versa. 10.2.6 EXEMPTIONS The following do not require a Development Permit: 1. Routine building repairs / maintenance including new roof, residing, re- stuccoing, and window and door replacement; 2. Internal renovations; 3. Instalation of canopies, awnings, decks, or building mounted signs; 4. Building Code and safety requirements and upgrades such as the instalation of fire protections systems, instalation of fire exits, construction of ramps for presons with disabilties, etc.; 5. Building additions less than 100 square metres and less than 20% of the existing floor area; 6. Open roofed structures, gazebos and trellises; 7. Glass balcony enclosures; 8. Subdivision of land; 9. Construction of fences; or 10. External building renovations not exceeding $30,000.00 in cost. ITEM I. - 2. Page 51 of 113 Official Community Plan Amendment Bylaw 1343 Page 20 10.3 GENERAL / TOURIST COMMERCIAL DEVELOPMENT PERMIT AREA GUIDELINES 10.3.1 CATEGORY The General / Tourist Commercial Development Permit Area is designated for the establishment of objectives for the form and character of commercial develop- ment, pursuant to Section 919.1(1)(f) of the Local Government Act. 10.3.2 AREA The areas designated within the General / Tourist Commercial Development Per- mit Area are illustrated on Schedule “F” the Development Permit Area Map. 10.3.3 JUSTIFICATION General / Tourist Commercial areas are highly visible from motorists on Highway #97 and provide important visual entrance-ways to and through the Town of Oli- ver. Considering that the “wine village” philosophy promoted by the Town can only be achieved by the successful creation of strong visual images, it is important for the success of the community’s desired image and the economic well-being of the Town that the appearance of this area is high quality. The appearance of this area is also important because residents are exposed to these portions of the Town more than any other part, and it forms an important component of the image that residents have of their own community. 10.3.4 OBJECTIVE The objectives of this designation are to produce streetscapes defined by attractive buildings and landscaping; to minimize the negative visual effect of extensive areas of surface parking; to provide an attractive, comfortable, safe environment for pedes- trians as well as vehicular traffic; and, to establish building forms, site planning prin- ciples and landscape standards appropriate for Oliver’s highly visible commercial spaces. 10.3.5 GUIDELINES Development Permits issued in this area shall be in accordance with the following guidelines: 1. Buildings and Structures i) Buildings should define a pedestrian oriented first floor with canopies, window and door trim, varied building facades, etc. ii) Building design should incorporate architectural detailing and variety in building finishes to provide interest such as windows and door details, varied roof lines, pillars, turrets, cornices, or similar features. ITEM I. - 2. Page 52 of 113 Official Community Plan Amendment Bylaw 1343 Page 21 iii) Outdoor eating areas are encouraged. iv) Front entrances should be well defined and provide a focal point to the building. v) Corner lot developments are the focal point of any streetscape. On commercial corridor corner lots, the building and landscape architecture should therefore be exemplary and of landmark quality. Corner lot buildings should relate to both street edges, and corner entrances, an- gled facades at intersections, and stepped designs are encouraged. vi) Building finish shall be consistent in terms of appearance and colour on all elevations. vii) The shape, roof lines, architectural features and exterior finish should be sufficiently varied to create interest and avoid a monotonous appear- ance. 2. Parking and Access i) Large parking areas should be broken into smaller groups, divided by landscaping and surrounded by landscaping on all sides. ii) Vehicle access points shall be limited to reduce conflicts between pe- destrians and vehicular connections. Secondary and shared accesses with adjacent developments are permitted and encouraged, to ease traf- fic circulation between commercial uses. iii) Large parking areas between buildings and the street are discouraged. iv) Loading and service areas should be located away from the street frontages and be effectively screened and buffered from public views and from adjacent residential properties. 3. Screening and Landscaping i) Landscape design plans prepared by a landscape professional will be required for all new commercial developments with landscaping densi- ties designed to industry standard. ii) Landscaping comprised of plant material that has a high decorative val- ue and is drought tolerant is encouraged. iii) Landscaped areas should include an underground irrigation system, which should be programmed to maximize efficient water use. iv) Boulevards should be landscaped with turf. v) Development sites should be provided with screening in the form of walls, fencing, hedging, planting, other screening materials or a combi- nation of materials in the following areas: a) Around outdoor storage areas and waste containers, heating and cooling equipment, and other service areas. b) Between parking areas and the street and building. ITEM I. - 2. Page 53 of 113 Official Community Plan Amendment Bylaw 1343 Page 22 c) Along the property edge next to roadways. d) Along on-site access roads. e) Along the sides of buildings. f) In other open space areas not required for parking, access roads or walkways. 4. Signage i) The design of signage should complement the building design and exte- rior finishes, and the base of signs should be landscaped. ii) The design of facia signs containing individual business signage should be integrated into the design of the building and should complement the building design and finishes. 5. Guidelines for the Protection of Farming In an effort to mitigate impacts of urban development on adjacent farming operations and vice versa, lands designated within a General / Tourist Com- mercial Development Permit Area and which abut lands designated for agri- culture, shall conform to the following guidelines: i) Where commercial developments abut agricultural lands, appropriate buffering, screening, and fencing is required. Building orientation and additional setbacks shall be considered in the design to minimize con- flicts with the agricultural use. ii) Principal buildings or buildings which will be occupied by tourist relat- ed uses shall not be located closer than 15 metres to the property line separating the commercial use from the agricultural use. Parking and driveways are encouraged within the 15 metre buffer area. iii) Principal buildings or buildings which will be occupied is some form shall be designed in a manner to avoid or reduce the number of doors, windows and outdoor patios which face the agricultural land. Careful consideration should be given to the location of air conditioner or heater intakes to minimize the impacts of agricultural sprays and odors. iv) Provide landscaping with trees, including coniferous trees, as a major landscaping component, as well as dense shrub vegetation, within the required 15 metre setback. Wherever possible, double rows of trees should be planted. A majority of the plant material selected should in- clude low maintenance, and should be installed with an automatic un- derground water efficient irrigation system. v) A minimum 1.8 metre high solid wood fence must be erected to sepa- rate multiple family developments from adjacent lands designated Agri- culture. The landscaping proposed for development together with the required solid wood fencing must in the opinion of the Town of Oliver be a reasonable attempt to mitigate the impacts of farming operations on proposed commercial development and vice versa. ITEM I. - 2. Page 54 of 113 Official Community Plan Amendment Bylaw 1343 Page 23 10.3.6 EXEMPTIONS The following do not require a Development Permit: 1. Routine building repairs / maintenance including new roof, residing, re- stuccoing, and window and door replacement; 2. Internal renovations; 3. Instalation of canopies, awnings, decks, or building mounted signs; 4. Building Code and safety requirements and upgrades such as the instalation of fire protections systems, instalation of fire exits, construction of ramps for presons with disabilties, etc.; 5. Building additions less than 100 square metres and less than 20% of the existing floor area; 6. Open roofed structures, gazebos and trellises; 7. Glass balcony enclosures; 8. Subdivision of land; 9. Construction of fences; or 10. External building renovations not exceeding $30,000.00 in cost. 10.4 TOWN CENTRE DEVELOPMENT PERMIT AREA GUIDE- LINES 10.4.1 CATEGORY The Town Centre Development Permit Area is designated for the establishment of objectives for the form and character of commercial and multi-family residential development pursuant to Section 919.1(1)(f) of the Local Government Act. 10.4.2 AREA The areas designated within the Town Centre Development Permit Area are illus- trated on Schedule “F” Development Permit Area Map. 10.4.3 JUSTIFICATION Downtown Oliver is the primary commercial center within the community and it still forms the highest order commercial area in Oliver, with a broad range of uses. Good design guidelines can be the tools used to enhance the visual appearance of the downtown which strengthen its economic viability as well as its arts and cul- tural flavour. ITEM I. - 2. Page 55 of 113 Official Community Plan Amendment Bylaw 1343 Page 24 10.4.4 OBJECTIVE The objectives of this designation are to produce streetscapes defined by attractive buildings; to provide an attractive, comfortable, safe environment for pedestrians; and, to maintain and enhance the visual image of the downtown area by establish- ing a consistently high standard for development. The guidelines established be- low are intended to be used in conjunction with the detailed building design guidelines previously established. 10.4.5 GUIDELINES Development Permits issued in this area shall be in accordance with the following guidelines: 1. Buildings and Structures i) Buildings should define a pedestrian oriented first floor with canopies, window and door trim, varied building facades, etc. ii) Building design should incorporate architectural detailing and variety in building finishes to provide interest such as windows and door details, varied roof lines, pillars, turrets, cornices, or similar features. iii) Outdoor eating areas and street-side plazas are encouraged. iv) Front entrances should be well defined and provide a focal point to the building. v) Corner lot developments are the focal point of any streetscape. On commercial corridor corner lots, the building and landscape architecture should therefore be exemplary and of landmark quality. Corner lot buildings should relate to both street edges, and corner entrances, an- gled facades at intersections, and stepped designs are encouraged. vi) Building finish shall be consistent in terms of appearance and colour on all elevations. vii) The shape, roof lines, architectural features and exterior finish should be sufficiently varied to create interest and avoid a monotonous appear- ance. viii) Variety, continuity and pedestrian interest should be expressed in the design of buildings, especially at ground level. 2. Parking and Access i) Parkades should be provided with landscaping, and should follow the same guidelines that apply to all other buildings as noted above. ii) Large ground parking areas should be broken into smaller groups, di- vided by landscaping. iii) Parking areas between a street and buildings is discouraged. iv) Parking areas should be accessed from lanes wherever possible. ITEM I. - 2. Page 56 of 113 Official Community Plan Amendment Bylaw 1343 Page 25 v) Entrances and exits across sidewalks are discouraged. vi) Ground level parking areas should be provided with landscaping in the following areas: a) Along the edge of the parking areas next to roadways and side- walks. b) Between buildings and parking areas. vii) Where public or private parking areas are adjacent to streets, they should be enclosed with a decorative fence such as wrought iron or stucco wall, a minimum of 1 metre in height, complete with landscape screening. In areas where a landscape strip is difficult to achieve due to parking dimensions, landscaping could be included within the parking area adjacent to the street. viii) Where achieving these design guidelines result in loss of required park- ing stalls, these stalls may be recovered by locating them on another parcel of land. Residential parking stalls located off the subject site must be within 100 metres, and commercial parking stalls located off the site must be within 200 metres of the subject site. Any required parking stalls located off the site must be protected by a covenant. 3. Screening and Landscaping i) Where landscaping is proposed, landscape design plans prepared by a landscape professional will be required with landscaping densities de- signed to industry standard. ii) Landscaping should be provided to enhance buildings wherever practi- cal and possible, and should be designed as part of a comprehensive landscaping plan that complements the building and the surrounding ar- ea. iii) Landscaping comprised of plant material that has a high decorative val- ue and is drought tolerant is encouraged. iv) Landscaped areas should include an underground irrigation system, which should be programmed to maximize efficient water use. v) The site should be provided with supplementary screening in the form of walls, fencing, hedging, planting, other screening materials or a combination of materials around outdoor storage areas and waste dis- posal containers and heating and cooling equipment. vi) Parkades must be provided with landscaping to mitigate the any nega- tive visual impacts. 4. Signage i) The design of facia signs containing individual business signage should be integrated into the design of the building and should complement the building design and finishes. ITEM I. - 2. Page 57 of 113 Official Community Plan Amendment Bylaw 1343 Page 26 10.4.6 EXEMPTIONS The following do not require a Development Permit: 1. Routine building repairs / maintenance including new roof, residing, re- stuccoing, and window and door replacement; 2. Internal renovations; 3. Instalation of canopies, awnings, decks, or building mounted signs; 4. Building Code and safety requirements and upgrades such as the instalation of fire protections systems, instalation of fire exits, construction of ramps for presons with disabilties, etc.; 5. Building additions less than 100 square metres and less than 20% of the existing floor area; 6. Open roofed structures, gazebos and trellises; 7. Glass balcony enclosures; 8. Subdivision of land; 9. Construction of fences; or 10. External building renovations not exceeding $30,000.00 in cost. 10.5 INDUSTRIAL DEVELOPMENT PERMIT AREA GUIDELINES 10.5.1 CATEGORY The Industrial Development Permit Area is designated for the establishment of objectives for the form and character of industrial development pursuant to Sec- tion 919.1(1)(f) of the Local Government Act. 10.5.2 AREA The area designated within the Industrial Development Permit Area are illustrated on Schedule “F” Development Permit Area Map. 10.5.3 JUSTIFICATION The overall image and impression of a community is created from the aesthetic value of all components of the community. Maintaining a level of aesthetic value in Oli- ver’s industrial park is important in creating and maintaining the positive commu- nity image that is desired for the Town of Oliver. 10.5.4 OBJECTIVE The objective of this designation is to ensure that development that occurs in the industrial park will leave a positive image and impression about the industrial park specifically and generally about the Town of Oliver. ITEM I. - 2. Page 58 of 113 Official Community Plan Amendment Bylaw 1343 Page 27 10.5.5 GUIDELINES Development Permits issued in this area shall be in accordance with the following guidelines: 1. Buildings and Structures i) Building design and exterior finish must be appropriate for industrial development within Oliver, and should maintain or compliment the im- age that Town is promoting throughout the community. 2. Parking and Access i) Buildings and structures should be appropriately located on the lot to ensure that site traffic circulation, parking, and access to public roads is safe and appropriate. 3. Screening and Landscaping i) Materials stored on the property, not intended for sale or for public re- view, shall be screened from view from the adjacent properties and from public roads by appropriate fencing or landscaping. ii) Materials stored on industrial properties, and visible to the public, should not result in a negative impression. 10.5.6 EXEMPTIONS The following do not require a Development Permit 1. Routine building repairs / maintenance including new roof,residing, re- stuccoing, and window and door replacement; 2. Internal renovations; 3. Instalation of canopies, awnings, decks, or building mounted signs; 4. Building Code and safety requirements and upgrades such as the instalation of fire protections systems, instalation of fire exits, construction of ramps for presons with disabilties, etc.; 5. Building additions less than 100 square metres and less than 20% of the existing floor area; 6. Open roofed structures, gazebos and trellises; 7. Glass balcony enclosures; 8. Subdivision of land; 9. Construction of fences; or 10. External building renovations not exceeding $30,000.00 in cost. ITEM I. - 2. Page 59 of 113 Official Community Plan Amendment Bylaw 1343 Page 28 10.6 THE ENVIRONMENTAL DEVELOPMENT PERMIT AREA 10.6.1 CATEGORY The Environmental Development Permit Area is designated for the protection of the natural environment, its ecosystems and biological diversity, pursuant to sec- tion 919.1(1)(a) of the Local Government Act. 10.6.2 AREA The areas designated within the Environmental Development Permit Area are il- lustrated on Schedule “G” Environmental and Riparian Development Permit Are- as Map. 10.6.3 JUSTIFICATION The Town of Oliver is within the south Okanagan, an area considered to be one of the most ecologically diverse in British Columbia and Canada. It includes envi- ronmentally sensitive areas and ecosystems, including grasslands, shrub-steppe, wetlands, riparian areas, old growth and mature forest and rugged terrain. These sensitive areas and ecosystems support many federally listed Species at Risk (spe- cies which are endangered, threatened or of special concern), provincially ranked (Red or Blue) and regionally significant species, making it one of Canada's most endangered landscapes. 10.6.4 OBJECTIVE To preserve sensitive ecosystems, their functioning, connectivity and the species therein, and ensure that development within and adjacent to these ecosystems is carried out in accordance to established guidelines. 10.6.5 GUIDELINES 1. Every application for development in the EDPA (unless exempted under s. 9.5) shall be accompanied by an Environmental Assessment (EA) prepared by a RPBio familiar with the species and ecosystems in the southern Okanagan. Other qualified professionals may be required to augment the findings of the RPBio and satisfy the requirements of the EA report. The environmental as- sessment provides the foundation for new development proposals and will be carried out in accordance with the Town’s approved Terms of Reference (TOR) for Environmental Assessment Reports. The EA will include two phases of assessment as follows, which can be com- pleted together or separately: i) Ecological Assessment Phase, the intention of which is to assess both the biological conditions and physical conditions of a site, should be carried out in advance of any preliminary layout plan and prior to any preparatory site disturbances. The Ecological Assessment Phase deter- ITEM I. - 2. Page 60 of 113 Official Community Plan Amendment Bylaw 1343 Page 29 mines a development footprint respectful of species and sensitive eco- systems. ii) Impact Assessment and Mitigation Phase is generally carried out after the preliminary layout plan and outlines the impact, if any, of the devel- opment footprint on sensitive ecosystems and species and recommends compensation and/or mitigation measures to minimize or cause no im- pact. 2. In accordance with the environmental assessment, lands deemed environmen- tally sensitive must be designated in the development permit as 'non- disturb- ance areas' and could involve lands on the periphery of the development foot- print as well as some lands within the development area itself. These areas are to be cordoned off or fenced during construction and where and when deemed necessary based on recommendations in the EA (based on provincial Best Management Practices ‘BMPs’) completed by the RPBio and in accordance with the development permit. 3. Dedication of natural watercourses is required. Dedication shall be deter- mined in the environmental assessment by the RPBio and of sufficient width to ensure a vegetated strip of land capable of preserving the water courses’ habitat. 4. Slopes in excess of 30 % are to remain free of development including build- ings, roads/driveways and wherever possible, utility corridors. 5. Plan, design and construct all development to avoid encroachment on sensi- tive ecosystems identified in the environmental assessment. This includes, but is not exclusive to, habitat values for federally listed Species at Risk (endan- gered, threatened, or special concern), provincially ranked (Red or Blue) and regionally significant species, as well as connectivity between habitats includ- ing wildlife travel corridors. Wherever possible, buffer sensitive ecosystems from the development area and adjacent lands having sensitive ecosystems (based on provincial BMPs). 6. Any remedial works conducted within stream beds shall be consistent with and in compliance with the directives and BMPs of the Province. 7. Development should result in no net increase in post-development surface water flows and impermeability or affect the quality of water available within the non-disturbance areas unless specified otherwise in the development per- mit. 8. Construction of underground service utilities and access roads may be con- sidered providing disturbance to the natural environment is minimal and res- toration and enhancement of disturbed areas is undertaken upon completion of construction, as specified in the development permit. 9. Manage erosion and sediment impacts during and after construction accord- ing to measures prescribed in the most current provincial Best Management Practices (BMPs), and amendments thereto, or other standards or guidelines of the Town. ITEM I. - 2. Page 61 of 113 Official Community Plan Amendment Bylaw 1343 Page 30 10. Design linear corridors such as roads, driveways, trails and utility corridors with alternative construction standards (e.g. narrow, permeable surfaces) wherever possible to minimize impacts on the environment and to allow for wildlife crossings. 11. The Town may require monitoring reports prepared by a RPBio, during con- struction, and up to two years after construction, the purpose of which are to confirm the required conditions of the development permit have been met. 12. Avoid any disturbance of native vegetation in the non-disturbance areas and wherever possible retain existing native vegetation within the development area(s) and encourage the planting of native and dryland plant landscaping in disturbed areas. 13. Control invasive plant species using site and species appropriate methods (e.g. hand pulling, digging, cutting and mowing). 14. Landscape plans prepared by a landscape professional, and reviewed and ap- proved by the RPBio conducting the EA, are required where environmental restoration is a condition of the development permit. 15. Development must adhere to all regional bylaws, federal and provincial legis- lation, regulation and standards regarding species and ecosystems. 10.6.6 BONDING AND ENVIRONMENTAL MONITORING 1. The Town may require security in accordance with Section 925 of the Local Government Act to pay for remediation if: i) a condition in a permit respecting landscaping has not been satisfied; ii) an unsafe condition has resulted as a consequence of contravention of a condition in a permit; or iii) damage to the natural environment has resulted as a consequence of a contravention of a condition in a permit. 2. Where the Town requires bonding as a condition of the development permit approval, the applicant must provide a bond for up to a value of 125% of the estimated cost of any remediation works, as prepared by a RPBio. 3. The bond shall remain in effect until the Town has been notified, in writing, by a RPBio that the conditions of the development permit have been met. However, to confirm that the remedial works, such as successful plant estab- lishment, have been completed, the Town will withhold 10% of the bond for up to two years. 10.6.7 EXEMPTIONS An Environmental Development Permit is not required under this section for any of the following: 1. The construction, repair, maintenance or alteration of any public structure, fa- cility or land, including park land, open space, roads or trails; ITEM I. - 2. Page 62 of 113 Official Community Plan Amendment Bylaw 1343 Page 31 2. The construction, repair, maintenance or alteration of public utility works, in- cluding sanitary sewer, storm sewer, water, natural gas, cable, hydro-electric or telecommunications works; 3. The reconstruction, repair, or alteration of, or addition to, an existing perma- nent building or other structure, provided the footprint of the existing building or other structure is not thereby expanded; 4. The construction of a building or structure on a parcel in respect of which an Environmental Development Permit was issued as a condition of the subdivi- sion by which that parcel was created, provided the construction of the build- ing or structure is carried out in accordance with the terms of that develop- ment permit; 5. The use of land for a farm use as defined under the Agricultural Land Com- mission Act on land within the Agricultural Land Reserve, including the con- struction, alteration, addition to, repair, demolition or maintenance of build- ings used exclusively to process or store agricultural produce or to store agri- cultural equipment and supplies. 10.6.8 UNDUE HARDSHIP 1. Notwithstanding the guidelines, the Town should avoid the imposition of any condition in an Environmental Development Permit that would prevent the land subject to the permit from being used for a use permitted under the Town's zoning bylaw or developed to the density permitted under that bylaw. 10.7 RIPARIAN DEVELOPMENT PERMIT AREA 10.7.1 CATEGORY The Riparian Development Permit Area is designated for the protection of the natural environment, its ecosystems and biological diversity, pursuant to section 919.1(1)(a) of the Local Government Act. 10.7.2 AREA The areas designated within the Riparian Development Permit Area are illustrated on Schedule “G” Environmental and Riparian Development Permit Areas Map. 10.7.3 JUSTIFICATION Riparian areas as defined in the Riparian Area Regulation have been designated within a development permit area in order to protect riparian fish habitat from de- velopment. ITEM I. - 2. Page 63 of 113 Official Community Plan Amendment Bylaw 1343 Page 32 10.7.4 OBJECTIVE To regulate development activities within riparian assessment areas as a means to protect aquatic habitat, enhance, conserve and restore watercourses and their ri- parian areas. 10.7.5 GUIDELINES 1. Development should not encroach into the designated RDPA, as shown in Schedule “G” and Table 1 below: Table 1: Specific setbacks for RAR watercourses in RDPA Watercourse RDPA setback Okanagan River 30 meters Tuc-el-nuit Lake 30 meters Tuc-el-nuit Channel 30 meters Wolf Cub Creek 30 meters Industrial Ditch 6.8 meters 2. If Development proposals within the Riparian Development Permit Area can- not avoid encroachment into the RDPA for a specific watercourse, an assess- ment report will be required and prepared by a QEP that determines the Streamside Protection and Enhancement Area (SPEA) widths and measure- ments for the specific reach of the watercourse adjacent to the subject proper- ty. The QEP must follow RAR methodology and the results of this assess- ment may vary from the RDPA setback in Table 1. 3. Unless the proposed development or alteration of land is clearly outside the RDPA, the location of the development shall be determined accurately by survey in relation to the RDPA to determine whether a development permit application is required. 4. The Town of Oliver through its discretionary powers may alter the SPEA boundary providing it remains continuous and the overall riparian area (calcu- lated in square metres) remains the same; but not so as to reduce the boundary to less than 10 metres from the high water mark. 5. Should the QEP be of the opinion that the proposed development would cre- ate a harmful alteration, disruption or destruction of fish habitat (“HADD”) when it encroaches on the SPEA, the proponent and/or the QEP would also submit the report to the Department of Fisheries and Oceans for authorization under the Fisheries Act. 6. The provision of a security deposit may be required in the amount outlined in the QEP’s assessment report. 7. If an assessment report is conducted by a QEP, a Riparian Area Development Permit may not be issued prior to notification that the assessment report has ITEM I. - 2. Page 64 of 113 Official Community Plan Amendment Bylaw 1343 Page 33 been submitted to the Province by a certified QEP, that the assessment meth- ods have been followed, and the proposed development will not negatively affect the functioning of the riparian area. 8. Should more than one development permit be required for a development, all conditions of the Riparian Development Permit guidelines where they per- tains to riparian areas shall prevail. 9. Development must adhere to all regional bylaws, federal and provincial legis- lation, regulation and standards regarding development around watercourses. 10.7.6 DEFINITIONS Other than the definition of “development”, the definitions used in the Local Gov- ernment Act and Riparian Area Regulation shall apply to these development per- mit guidelines. 10.7.7 EXEMPTIONS A Riparian Development Permit is not required under this section for any of the following: 1. The construction, repair, maintenance or alteration of any public structure, fa- cility or land, including park land, open space, roads or trails; 2. The construction, repair, maintenance or alteration of public utility works, in- cluding sanitary sewer, storm sewer, water, natural gas, cable, hydro-electric or telecommunications works; 3. The reconstruction, repair, or alteration of, or addition to, an existing perma- nent building or other structure, provided the footprint of the existing building or other structure is not thereby expanded; 4. The construction of a building or structure on a parcel in respect of which an Environmental Development Permit was issued as a condition of the subdivi- sion by which that parcel was created, provided the construction of the build- ing or structure is carried out in accordance with the terms of that develop- ment permit; 5. The use of land for a farm use as defined under the Agricultural Land Com- mission Act on land within the Agricultural Land Reserve, including the con- struction, alteration, addition to, repair, demolition or maintenance of build- ings used exclusively to process or store agricultural produce or to store agri- cultural equipment and supplies. 10.7.8 UNDUE HARDSHIP 1. Notwithstanding the guidelines, the Town should avoid the imposition of any condition in a Riparian Development Permit that would prevent the land sub- ject to the permit from being used for a use permitted under the Town's zon- ing bylaw or developed to the density permitted under that bylaw. ITEM I. - 2. Page 65 of 113 Official Community Plan Amendment Bylaw 1343 Page 34 4. The Town of Oliver Official Community Plan Bylaw 1070, is amended by adding a new Part 11 (Temporary Use Permits) to read as follows: PART 11: TEMPORARY USE PERMITS 11.1 Background Temporary Use Permits may be considered by Council to allow specific land uses to occur for a short period of time. The permit can contain very detailed requirements such as indicating the buildings that can be used, the time frame of the permit, and other conditions. Such permits are provided at the discretion of Council and are only in effect for a limited period of time. They are not a substitute for a rezoning. 11.2 Objectives 1. To avoid conflicts between different types of uses (i.e. residential, commercial and industrial). 2. To provide for temporary approval of transitional uses, or uses where uncertainty exists respecting appropriateness or viability of the use, and where it is premature to decide upon rezoning and long-term land use rights. 3. To ensure that temporary use permits are not considered a substitute for a rezoning application. 11.3 Policies Council’s policies are as follows: .1 Land within all of the Land Use Designations in this OCP is designated under Section 920.2 of the Local Government Act as an area in which Temporary Use Permits may be issued. .2 The holding of a public information meeting may occur prior to the is- suance of a Temporary Use Permit. .3 In evaluating a Temporary Use Permit application submitted to the Town of Oliver by the applicant, Council may consider the following criteria: a) the use must be clearly temporary or seasonal in nature; b) compatibility of the proposal with adjacent uses; c) impact of the proposed use on the natural environment, including groundwater, wildlife, and all environmentally sensitive areas; d) intensity of the proposed use; e) inability to conduct the proposed use on land elsewhere in the community; ITEM I. - 2. Page 66 of 113 Official Community Plan Amendment Bylaw 1343 Page 35 f) the remedial measures to be carried out to mitigate any damage to the natural environment as a result of the temporary use; and .4 In issuing a Temporary Use Permit, Council may specify conditions in- cluding, but not limited to: a) the buildings to be used; b) the area of use; c) the hours of use; d) appearance; e) environmental protection measures, and f) groundwater protection. .5 As a condition of issuing a Temporary Use Permit, Council may require the posting of a bond or other applicable security (if deemed appropri- ate) so as to ensure compliance with the conditions of a permit. 5. The Town of Oliver Official Community Plan Bylaw 1070, is amended by re-numbering all subsequent sections following the new Part 11 (Temporary Use Permits). 6. The Town of Oliver Official Community Plan Bylaw 1070, is amended by deleting the newly renumbered Section 12.2.3 (Temporary Commercial and Industrial Permits). 7. The Town of Oliver Official Community Plan Bylaw 1070, is amended by amending the newly renumbered Part 15 (Appendix) to read as follows: 15 LIST OF APPENDICES: Appendix 1: Wine Village Core Area Concept Plan (2008) Read a first and second time on the 24th day of June, 2013. Public Hearing held on the ____ day of _____________, 2013. Read a third time on the ____ day of _____________, 2013. Adopted on the ____ day of _____________, 2013. ______________________________ ______________________________ Mayor Corporate Officer ITEM I. - 2. Page 67 of 113 Page 68 of 113 ITEM I. - 3. Page 69 of 113 ITEM I. - 3. Page 70 of 113 ITEM I. - 3. Page 71 of 113 ITEM I. - 3. Page 72 of 113 ITEM I. - 3. Page 73 of 113 ITEM I. - 3. Page 74 of 113 ITEM I. - 3. Page 75 of 113 ITEM I. - 3. Page 76 of 113 ITEM I. - 3. Page 77 of 113 ITEM I. - 3. Page 78 of 113 ITEM I. - 3. Page 79 of 113 ITEM I. - 3. Page 80 of 113 ITEM I. - 3. Page 81 of 113 ITEM I. - 3. Page 82 of 113 ITEM I. - 4. 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