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Home My Public Portal AboutRegular Open Council - 25 Feb 2013 - PdfTOWN OF OLIVER REGULAR OPEN COUNCIL MONDAY, FEBRUARY 25, 2013 AT 7:00 PM Council Chambers AGENDA Page A. CALL TO ORDER B. ADOPTION OF AGENDA 1. Adoption C. ADOPTION OF PRIOR MINUTES 3 - 7 1. Minutes of the February 12, 2013 Regular Meeting D. BUSINESS ARISING OUT OF PRIOR MINUTES E. COMMITTEE REPORTS 9 - 10 1. Minutes of February 12, 2013 Committee of the Whole meeting 2. Verbal report from the Chairperson of the February 25, 2013 Committee of the Whole meeting F. WATER MATTERS 11 - 17 1. Water Quality Summary Report for January 2013 - Engineering Technologist's report attached G. DELEGATIONS & PETITIONS 19 - 25 1. Presentation by Lori Motluk, Interior Health's Acute Area Director and Community Liaison, South Okanagan - Presentation attached H. DEVELOPMENT PERMIT/VARIANCE HEARINGS I. BYLAWS 27 - 38 1. Zoning Amendment Bylaw 1330.05 - for third reading - bylaw and previous report attached 39 - 43 2. Bylaw 1337 - 5 Year Financial Plan Regular Open Council of February 25, 2013 - for adoption 45 - 49 3. Board of Variance Bylaw 1338 - for adoption J. BUSINESS K. CORRESPONDENCE 1. Correspondence Report - Proposed Resolution: That the Council reading File correspondence be received. L. REPORTS 51 1. Building Permit Report for January 2013 - report attached 2. Councillor Bennest 3. Water Councillor Miller 4. Water Councillor Machial 5. Councillor Larson 6. Councillor Doerr 7. Councillor Mattes 8. Mayor Hovanes M. UPCOMING MEETINGS 1. Monday March 11, 2013 – 2:00 pm – Joint Council/AAC Meeting Monday March 11, 2013 - 4:00 pm - Committee of the Whole Meeting Monday March 11, 2013 - 7:00 pm - Regular Meeting Monday March 25, 2013 - 4:00 pm - Committee of the Whole Meeting Monday March 25, 2013 - 7:00 pm - Regular Meeting 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 2 of 51 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON TUESDAY, FEBRUARY 12, 2013 IN THE COUNCIL CHAMBER Present: Mayor Hovanes Councillors Larson, Doerr and Bennest Water Councillor Miller Regrets: Councillor Mattes and Water Councillor Machial Staff: T. Szalay, Municipal Manager C. Cowan, Corporate Officer D. Svetlichny, Chief Financial Officer A CALL TO ORDER Mayor Hovanes called the meeting to order at 7:00 pm. B ADOPTION OF AGENDA R-39/13 It was MOVED and SECONDED That the agenda for the Regular Council meeting of February 12, 2013 be adopted as amended by adding the following: Item I-3 Board of Variance Bylaw 1338 CARRIED C ADOPTION OF PRIOR MINUTES C-1 Minutes of January 28, 2013 Regular Meeting R-40/13 It was MOVED and SECONDED That the minutes of the January 28, 2013 regular meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None E COMMITTEE REPORTS E-1 Minutes of the January 28, 2013 Committee of the Whole Meeting R-41/13 It was MOVED and SECONDED That the minutes of the January 28, 2013 Committee of the Whole meeting be received. CARRIED ITEM C. - 1. Page 3 of 51 Regular Open Minutes of February 12, 2013 E-2 Verbal report from Chairperson of the February 12, 2013 Committee of the Whole meeting Councillor Doerr provided a verbal update on the items discussed during the Committee of the Whole meeting held earlier in the day. F WATER MATTERS None G DELEGATIONS & PETITIONS None H DEVELOPMENT PERMIT/VARIANCE HEARINGS None I BYLAWS I-1 Zoning Amendment Bylaw 1330.05 Textual Amendments & Rezoning of 6077 Main Street (Firehall Bistro Site) - The Municipal Manager summarized the Planner's report R-42/13 It was MOVED and SECONDED That Bylaw 1330.05, Town of Oliver Zoning Amendment Bylaw be read a first and second time and proceed to a public hearing; and That the holding of the public hearing be scheduled; and That staff give notice of the public hearing in accordance with the requirement of the Local Government Act. CARRIED I-2 5 Year Financial Plan Bylaw 1337 - The Chief Financial Officer summarized his report and reviewed the 5 year financial plan with Council. R-43/13 It was MOVED and SECONDED That the Five Year Financial Plan Bylaw 1337 be read a first, second and third time. CARRIED ITEM C. - 1. Page 4 of 51 Regular Open Minutes of February 12, 2013 Late Item I-3 Board of Variance Bylaw 1337 R-44/13 It was MOVED and SECONDED That the Town of Oliver Board of Variance Bylaw 1338 be read a first, second and third time. CARRIED J BUSINESS J-1 Strategic Planning - Priority Update - The Municipal Manager summarized his report R-45/13 It was MOVED and SECONDED That council direct staff, as a top priority, to continue work on completing the In- Progress items listed in Table 1; and That council direct staff to begin work on upcoming corporate priorities listed in Table 2 on a priority basis as time permits; and That council retain the projects listed in Table 3 for future consideration; and That council set July 22, 2013 (regular council meeting date, but start at 2:00) for the next progress update and reassessment of corporate priorities. CARRIED K CORRESPONDENCE K-1 Correspondence Report 1 a) Letter dated February 4, 2013 from W. Ross, Fowler Products Canada Inc. re: Oliver River Front Park. R-46/13 It was MOVED and SECONDED That Council direct staff to forward a letter to Mr. Ross which advises that the application for tenure has been included in the strategic plan for 2013, outlines the steps and costs associated with preparing an application for tenure and upon completion of the application a copy of the tenure application would be provided as requested; and That staff be directed to apply for tenure under the same criteria (trail only) as was obtained for the East side of the Dyke north of Fairview Road. CARRIED ITEM C. - 1. Page 5 of 51 Regular Open Minutes of February 12, 2013 3 a) Correspondence in the Council Reading File R-47/13 It was MOVED and SECONDED That the Council Reading File Correspondence be received. CARRIED L REPORTS L-1 Oliver Fire Department - January 2013 Incidents Report R-48/13 It was MOVED and SECONDED That the January 2013 Oliver Fire Department Incidents Report be received. CARRIED L-2 Mayor Hovanes • TransWest Helicopters Tour • River Park Path meeting • Fairview Mountain Golf Club meeting • RDOS meeting • Fire Dispatch meeting • Senior Centre 50th Anniversary Celebration L-3 Councillor Mattes • No Report L-4 Councillor Bennest • Regional Hospital Meeting – Penticton Trade and Convention Centre Feb 13 L-5 Water Councillor Miller • Meetings for the day L-6 Water Councillor Machial • No Report L-7 Councillor Larson • Regional Hospital Meeting – Penticton Trade and Convention Centre Feb 13 L-8 Councillor Doerr • All meetings as assigned ITEM C. - 1. Page 6 of 51 Regular Open Minutes of February 12, 2013 M UPCOMING MEETINGS Monday, February 25, 2013 - 4:00 pm - Committee of the Whole Meeting Monday February 25, 2013 – 7:00 pm – Public Hearing Monday, February 25, 2013 – Following Public Hearing - Regular Meeting Monday March 11, 2013 – 2:00 pm – Joint Council/AAC Meeting Monday March 11, 2013 - 4:00 pm - Committee of the Whole Meeting Monday March 11, 2013 - 7:00 pm - Committee of the Whole Meeting N PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. O ADJOURNMENT R-49/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting adjourned at 7:54 pm CERTIFIED AS CORRECT Mayor Corporate Officer ITEM C. - 1. Page 7 of 51 Page 8 of 51 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON TUESDAY, FEBRUARY 12, 2013 IN THE COUNCIL CHAMBERS Present: Chairperson, Councillor Doerr Mayor Hovanes Councillors Larson and Bennest Water Councillor Miller Regrets: Councillor Mattes and Water Councillor Machial Staff: T. Szalay, Municipal Manager D. Svetlichny, Chief Financial Manager C. Cowan, Corporate Officer L. Schultz, Deputy Corporate Officer C. Garrish, Planner (via conference call) A CALL TO ORDER Councillor Doerr called the meeting to order at 4:01 pm B ADOPTION OF AGENDA CW-22/13 It was MOVED and SECONDED That the agenda be amended by adding: • Item H-1 – Discussion on Joint meeting with Airport Advisory Committee regarding Airport Operations Manual CARRIED C ADOPTION OF COMMITTEE MINUTES C-1 Minutes of January 28, 2013 Committee of the Whole meeting CW-23/13 It was MOVED and SECONDED That the Minutes of the January 28, 2013 Committee of the Whole meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None E WATER MATTERS None ITEM E. - 1. Page 9 of 51 Committee of Whole meeting minutes of February 12, 2013 F DELEGATIONS None G BYLAWS G-1 Update of Board of Variance Bylaw - The Planner joined the meeting via conference call and summarized his report and answered Council's questions. CW-24/13 It was MOVED and SECONDED That the Committee supports the Draft Town of Oliver Board of Variance Bylaw 1338 and forward the bylaw to council for first three readings. CARRIED H BUSINESS H-1 Discussion on possible joint meeting with Airport Advisory Committee (AAC) It was determined that the best dates for a Joint Council/AAC meeting would be either March 6 at 3:00 pm or March 11 at 2:00 pm I PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. J ADJOURNMENT CW-25/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 4:34 pm. CERTIFIED AS CORRECT Chairperson Deputy Corporate Officer ITEM E. - 1. Page 10 of 51 ITEM F. - 1. Page 11 of 51 ITEM F. - 1. Page 12 of 51 ITEM F. - 1. Page 13 of 51 ITEM F. - 1. Page 14 of 51 ITEM F. - 1. Page 15 of 51 ITEM F. - 1. Page 16 of 51 ITEM F. - 1. Page 17 of 51 Pa g e 1 8 o f 5 1 1 Interior Health IHA Update: Keeping You Informed Our Vision …To set new standards of excellence in the delivery of health services in the Province of British Columbia. Town of Oliver February 25, 2013 Lori Motluk IH Acute Area Director South Okanagan Contacts • Lori Motluk Acute Area Director • Susan Brown Community Health Services Administrator • Juanita Yuill Residential Health Service Administrator • Betty Brown Healthy Communities Initiative A RURAL HEALTH AUTHORITY 3 ITEM G. - 1. Page 19 of 51 2 IH POPULATION PROJECTION Interior Health Authority Our Vision: To set new standards of excellence in the delivery of health services in the Province of British Columbia PERCENTAGE AGE DISTRIBUTION Age South Okanagan BC 0-14 10.6 14.8 15-24 10.1 13.0 25-44 16.7 27.2 45-64 31.5 29.1 60-74 16.3% 8.6% 75+ 14.8% 7.2% CURRENT STATE •↑ life expectancy •↑ complexity •↑ chronic disease •↑ demands for care ITEM G. - 1. Page 20 of 51 3 THE CHALLENGE AHEAD Population Segment Share of BC Population Share of Health Care Resources Unassigned 5% 1% Healthy 13% 1% Adult Major Acute 16% 5% Chronic Conditions 34% 38% Mental Illness 2% 10% Cancer 3% 10% Child Major Acute 7% 4% Maternity 3% 4% Frail in Care 1% 22% End of Life 0% 4% Non users 18% 0% 7 MINISTRY STRATEGY • Shift from re-active to pro-active care • Reduce need for high cost hospital and residential care services • Help people remain healthy in their own homes, as long as possible ITEM G. - 1. Page 21 of 51 4 HOME IS BEST •Quiet and familiar •Lower risk of infection •Lower falls risk •Quicker return to independence and functionality HOME HEALTH South Similkameen Health Centre: 250-499-3029 •Health care needs assessment •Personal care plans CARE OPTIONS Short term: •Convalescent Care •Respite & Palliative Care Long term: •Assisted Living •Residential Care ITEM G. - 1. Page 22 of 51 5 MENTAL HEALTH SUBSTANCE USE • Reduce ED visits & hospital admissions • Integrate services / treat concurrent disorders • 5 psychiatrists in Penticton NURSE PRACTITIONERS •Improve access •Help rein in costs •RNs with additional education at the Master’s degree level & expanded scope of practice •Able to diagnose, prescribe, order tests MOVING FORWARD TOGETHER • PRH Patient Care Tower - #1 on our capital planning list • More outpatient procedures • $282 million project • OSRHD & SOSMF support ITEM G. - 1. Page 23 of 51 6 FUTURE PATIENT CARE TOWER HEALTHY COMMUNITIES INITIATIVE 1. Exercise 30 minutes a day 2. Control weight 3. Eat reasonably well 4. Don’t smoke =Up to 80% reduction in certain chronic diseases OUR PRESCRIPTION thinkhealthbc.ca healthyfamiliesbc.ca ITEM G. - 1. Page 24 of 51 7 Your Voice Advance Care Planning www.interiorhealth.ca PCQO: 1 - 877- 442-2001 (toll free) Patient Voices Network www.patientvoices.ca QUESTIONS? ITEM G. - 1. Page 25 of 51 Page 26 of 51 Town of Oliver Zoning Amendment Bylaw 1330.05 | Page 1 TOWN OF OLIVER BYLAW 1330.05 A Bylaw to Amend Zoning Bylaw 1330 The council of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited for all purposes as “Zoning Amendment Bylaw1330.05.” 2. Schedule A of Zoning Bylaw 1330 (Zoning Bylaw Text) is hereby by amended, as follows: A) DELETE Figure 3.1 (Height Illustration) under Part 3 (Definitions). B) AMEND the definition of “base elevation” under Part 3 (Definitions) to read as follows: “base elevation” means the finished ground level at the perimeter of a building or structure, excluding any localized mounds or depressions such as those for vehicle or pedestrian entrances. Artificial embankments shall not be considered finished grade; C) AMEND the definition of “height” under Part 3 (Definitions) to read as follows: "height" means, with respect to a building, the maximum vertical distance between base elevation and the highest point of the structure of a non-sloping roof, or the mid-point between the intersection point of the building wall and roof structure and ridge of a sloping roof excluding dormers; D) INTRODUCE a new Part 27.0 entitled “C4 Zone – Town Centre Fringe” to read as fol- lows: Intent: The intent is to provide a zone for a mixed use residential and commercial town center area. Uses Permitted .1 The following uses and no others shall be permitted in the C4 zone: .1 retail establishment, major; .2 service industry establishment, minor; .3 personal service establishment; 27.0 C4 ZONE - Town Centre Fringe Town of Oliver C4 ITEM I. - 1. Page 27 of 51 Town of Oliver Zoning Amendment Bylaw 1330.05 | Page 2 .4 business service establishment; .5 office; .6 restaurant; .7 liquor sales, primary; .8 licensed retail liquor store; .9 food and beverage processing; .10 indoor commercial entertainment or recreation; .11 veterinary clinic; .12 wholesale store and warehouses; .13 parking lot; .14 accessory dwellings; and .15 accessory buildings and structures. Parcel Area .2 The minimum parcel area is: .1 Minimum Parcel Area: 975.0 m2 Parcel Width .3 The minimum parcel width is: .1 Minimum Parcel Width: 30.0 metres Parcel Depth .4 The minimum parcel depth is: .1 Minimum Parcel Depth: 30.0 metres Parcel Coverage .5 The maximum parcel coverage is: .1 Maximum Parcel Coverage: 100% Floor Area Ratio .6 The maximum floor area ratio is: .1 Maximum FAR: 3.0 Height .7 The maximum building height is: ITEM I. - 1. Page 28 of 51 Town of Oliver Zoning Amendment Bylaw 1330.05 | Page 3 .1 Buildings and structures: 12.0 metres Setback Requirements .8 For the principal building, the minimum setback from parcel lines are: .1 Front: 0.0 metres .2 Rear: 0.0 metres .3 Interior Side: 0.0 metres .4 Exterior Side: 0.0 metres .9 Despite Section 26.8.1: .1 A food and beverage processing use shall not be permitted within a distance of 10.0 metres from the lot line adjacent to Main Street, measured perpendicular and horizontal to the lot line adjacent to Main Street. Residential Regulations .10 Accessory dwellings shall be located at the rear of the building on the ground floor, or above the first storey. .11 Accessory dwellings shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses. Commercial Regulations .12 Animal services, including veterinary clinics; mini-storage, warehouse and wholesale; business service establishments; and service industry estab- lishment, minor uses must be located at least one storey below the grade of the front property line, and must be accessed via an entrance at the rear of the property, adjacent to a rear lane. .13 All repair and manufacturing is to take place only within fully enclosed buildings. Storage of materials or products is to be inside buildings or at the rear of the buildings, and screened by the building or other opaque screening so that the materials are not visible from the front street. .14 Sale, salvage or repair of internal combustion engines, automobiles, trucks or heavy equipment is not permitted. .15 Bulk storage of liquid chlorine, liquefied petroleum gas, explosives within the meaning of the explosives act, flammable liquids, substances capable of spontaneous combustion, substances that in contact with water emit flammable gasses, oxidizing substances, organic peroxides, chlorates, per- oxides, chlorates, nitrates, radioactive materials and substances described within the meaning of the Atomic Energy Control Act and corrosives are not permitted. ITEM I. - 1. Page 29 of 51 Town of Oliver Zoning Amendment Bylaw 1330.05 | Page 4 .16 Light manufacturing and food and beverage processing activities must be designed and operated in a way which prevents the discharge or emission of noxious or toxic matter or vapours, heat, glare, noise or recurrent vibra- tions which interfere with, disturb or tend to disturb the use of adjacent or neighbouring properties. E) RENUMBERING all subsequent Section numbers. 3. Schedule B of Zoning Bylaw 1330 (Zoning Bylaw Map) is hereby amended by changing the zoning of Lot A, Plan KAP72738, District Lot 2450s, S.D.Y.D., as shown in Schedule ‘X’ attached to this bylaw, from Transition Commercial (C2) to Town Center Fringe (C4). Read a first and second time on February 12th , 2013. Public Hearing held on __________________, 2013. Read a third time on __________________, 2013. Approved pursuant to Section 52(3)(a) of the Transportation Act this _____ day of _______, 2013. for the Minister of Transportation & Infrastructure Adopted on ______________________, 2013. _____________________ ______________________ Mayor Corporate Officer ITEM I. - 1. Page 30 of 51 SCHEDULE ‘X’ Amend Schedule ‘B’ of Zoning Bylaw 1330, 2012: FROM: Transition Commercial (C2) TO: Town Center Fringe (C4) ITEM I. - 1. Page 31 of 51 Page 32 of 51 ITEM I. - 1. Page 33 of 51 ITEM I. - 1. Page 34 of 51 ITEM I. - 1. Page 35 of 51 Attachment No. 1 — Comparison of the CM1 Zone (Bylaw 720), C2 Zone (Bylaw 1330) & Draft C4 Zone ZONING BYLAW NO. 720, 1993 – CM1 ZONE ZONING BYLAW NO. 1330, 2012 – C2 ZONE ZONING BYLAW NO. 1330, 2012 – DRAFT C4 ZONE Permitted Uses: Permitted Uses: Permitted Uses: retail trade, including general store, department store, specialty shop, food store, clothing store, drug store; retail establishment, major; convenience store; retail establishment, major; commercial and professional business offices, including finance, insurance, real estate, lawyer, and dental, medical, optic and chiropractic offices. office; office; printing shop, photography and art studios; personal and business services, including barber shop, beauty shop, laundromat, shoe repair shop, electrical and appliance sales and repair shop; personal service establishment; personal service establishment; food and beverage services including restaurant, lounge, neighbourhood pub; liquor sales, primary; licensed retail liquor store; restaurant; liquor sales, primary; licensed retail liquor store; indoor commercial amusement and/or recreation enterprises, including theatre, billiard hall, bowling alley, night club; indoor commercial entertainment or recreation; indoor commercial entertainment or recreation; NOT APPLICABLE education service, minor; NOT APPLICABLE dwellings in accordance with the Dwelling Regulations outlined in section 9 below; apartment dwelling; accessory dwellings; parking lots, buildings and structures auxiliary to the permitted use; public parking lot; parking lot; food and beverage processing and packaging, and catering operation; NOT APPLICABLE food and beverage processing; animal services, including veterinary offices and animal supply shops; NOT APPLICABLE veterinary clinic; mini-storage, warehouse, wholesale and distribution outlets; NOT APPLICABLE wholesale store and warehouses; rental, service and repair shops; NOT APPLICABLE business service establishment; light manufacturing and assembly shops and retail sales auxiliary thereto. NOT APPLICABLE service industry establishment, minor; NOT APPLICABLE library; NOT APPLICABLE NOT APPLICABLE museum; NOT APPLICABLE NOT APPLICABLE laundromat; NOT APPLICABLE NOT APPLICABLE accessory use accessory buildings and structures Minimum Parcel Area: 975.0 m2 Minimum Parcel Area: 465.0 m2 Minimum Parcel Area: 975.0 m2 IT E M I . - 1 . Pa g e 3 6 o f 5 1 February 5, 2013 Amendment Bylaw 1330.05 Page 5 Minimum Parcel Width: 30.0 metres Minimum Parcel Width: 15.0 metres Minimum Parcel Width: 30.0 metres Minimum Parcel Depth: 30.0 metres Minimum Parcel Depth: NOT SPECIFIED Minimum Parcel Depth: 30.0 metres Maximum Parcel Coverage: 100% Maximum Parcel Coverage: 50% Maximum Parcel Coverage: 100% Floor Area Ratio: 3.0 Floor Area Ratio: 1.0 Floor Area Ratio: 3.0 Maximum Building Height: 1. Principal buildings and structures: 12.0 metres 2. Accessory buildings: NOT SPECIFIED Maximum Building Height: 1. Principal buildings and structures: 12.0 metres 2. Accessory buildings: 5.0 metres Maximum Building Height: 1. Principal buildings and structures: 12.0 metres; 2. Accessory buildings: 5.0 metres Minimum Setbacks: Front parcel line NOT SPECIFIED Rear parcel line NOT SPECIFIED Interior Side parcel line NOT SPECIFIED Exterior Side parcel line NOT SPECIFIED Minimum Setbacks: Front parcel line 6.0 metres Rear parcel line 3.0 metres Rear parcel line adjacent a residential zone 6.0 metres Interior Side parcel line 1.5 metres; or 2.5 metres on one interior side parcel line where only one boundary abuts a street Exterior Side parcel line 4.5 metres Minimum Setbacks: Front parcel line 0.0 metres Rear parcel line 0.0 metres Interior Side parcel line 0.0 metres Exterior Side parcel line 0.0 metres Use Restrictions: 1. The uses outlined in sections 1.9 to 1.12 will not be permitted at or above the natural grade of the front property line. Permitted uses outlined in sections 1.9 to 1.12 must be located at least one storey below the grade of the front property line, and must be accessed via an entrance at the rear of the property, adjacent to a rear lane. 2. Uses permitted under section 1.8 are not be permitted within a distance of 10 metres from the lot line adjacent to 97th Street, measured perpendicular and horizontal to the lot line adjacent to 97th Street. Residential Regulations: 1. Dwellings shall be located at the rear of the building on the ground floor, or above the first storey. 2. Residential dwellings shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses. Residential Regulations: 1. Accessory dwellings shall be located at the rear of the building on the ground floor, or above the first storey. 2. Accessory dwellings shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses. Commercial Regulations 3. Animal services, including veterinary clinics; mini-storage, warehouse and wholesale; business service establishments; and service industry IT E M I . - 1 . Pa g e 3 7 o f 5 1 February 5, 2013 Amendment Bylaw 1330.05 Page 6 3. All repair and manufacturing is to take place only within fully enclosed buildings. Storage of materials or products is to be inside buildings or at the rear of the buildings, and screened by the building or other opaque screening so that the materials are not visible from the front street. 4. Sale, salvage or repair of internal combustion engines, automobiles, trucks or heavy equipment is not permitted. 5. Bulk storage of liquid chlorine, liquefied petroleum gas, explosives within the meaning of the explosives act, flammable liquids, substances capable of spontaneous combustion, substances that in contact with water emit flammable gasses, oxidizing substances, organic peroxides, chlorates, peroxides, chlorates, nitrates, radioactive materials and substances described within the meaning of the Atomic Energy Control Act and corrosives are not permitted 6. Light manufacturing and food and beverage processing and packaging activities must be designed and operated in a way which prevents the discharge or emission of noxious or toxic matter or vapours, heat, glare, noise or recurrent vibrations which interfere with, disturb or tend to disturb the use of adjacent or neighbouring properties. establishment, minor uses must be located at least one storey below the grade of the front property line, and must be accessed via an entrance at the rear of the property, adjacent to a rear lane. 4. All repair and manufacturing is to take place only within fully enclosed buildings. Storage of materials or products is to be inside buildings or at the rear of the buildings, and screened by the building or other opaque screening so that the materials are not visible from the front street. 5. Sale, salvage or repair of internal combustion engines, automobiles, trucks or heavy equipment is not permitted. 6. Bulk storage of liquid chlorine, liquefied petroleum gas, explosives within the meaning of the explosives act, flammable liquids, substances capable of spontaneous combustion, substances that in contact with water emit flammable gasses, oxidizing substances, organic peroxides, chlorates, peroxides, chlorates, nitrates, radioactive materials and substances described within the meaning of the Atomic Energy Control Act and corrosives are not permitted. 7. Light manufacturing and food and beverage processing activities must be designed and operated in a way which prevents the discharge or emission of noxious or toxic matter or vapours, heat, glare, noise or recurrent vibrations which interfere with, disturb or tend to disturb the use of adjacent or neighbouring properties. IT E M I . - 1 . Pa g e 3 8 o f 5 1 TOWN OF OLIVER BYLAW 1337 A bylaw to adopt the 5 year financial plan for the calendar years 2013 through 2017. WHEREAS in accordance with Section 165 of the Community Charter, the Council is required, by bylaw, to adopt a Financial Plan for the municipality before the fifteenth day of May in each year; NOW THEREFORE, the Council of the Town of Oliver in open meeting assembled hereby enacts as follows: 1. Schedule "A" attached hereto and forming part of this bylaw is hereby adopted as the 5 Year Financial Plan of the Town of Oliver for the calendar years 2013 through 2017. 2. Schedule “B” attached hereto and forming part of this bylaw is hereby adopted as the Statement of Objectives and Policies for the 5 Year Financial Plan of the Town of Oliver for the calendar years 2013 through 2017. 3. This bylaw may be cited for all purposes as the "5 Year Financial Plan Bylaw 1337". 4. Authority to make expenditures in accordance with the 5 year financial plan is hereby delegated to the following Officers, or their successors in title should the Officers’ Bylaw be amended: 1) Municipal Manager 2) Chief Financial Officer 3) Manager of Financial Services 4) Corporate Officer 5) Deputy Corporate Officer 6) Director of Operations 7) Fire Chief 8) Deputy Fire Chief 9) Director of Development Services Read a first, second and third time on the 12th day of February, 2013. Adopted on the ___ day of _______, 2013. _____________________________ ________________________________ Mayor Corporate Officer ITEM I. - 2. Page 39 of 51 - 2 - TOWN OF OLIVER 5 Year Financial Plan Bylaw 1337 Schedule “A” – 5 Year Financial Plan – 2013 through 2017 2013 2014 2015 2016 2017 Budget Budget Budget Budget Budget REVENUES Municipal Taxation, net 2,156,373 2,201,118 2,246,830 2,293,533 2,344,650 Grants in Lieu of Taxes 11,595 11,827 12,063 12,305 12,551 Sale of Services and rentals 115,923 118,241 120,606 123,018 125,479 Contracts and Franchise Fees 262,771 260,000 260,000 260,000 260,000 Grants 2,348,825 617,525 737,806 727,916 727,916 Water User Fees 2,158,650 2,309,756 2,379,048 2,450,420 2,572,941 Sewer User Fees 779,331 791,021 802,886 814,930 839,377 Development Cost Charges 0 0 0 519,800 145,000 Contributions, Donations and Other 2,519,735 452,204 460,665 459,294 468,096 10,353,203 6,761,692 7,019,905 7,661,215 7,496,009 EXPENSES Water Services 2,563,482 2,697,057 2,765,313 2,838,188 2,921,613 General Government Services 1,059,290 1,092,653 1,118,674 1,142,641 1,200,673 Waste Water Services 940,674 967,851 962,470 1,047,414 1,097,180 Transportation Services 1,382,655 1,417,885 1,449,300 1,485,580 1,534,794 Protective Services 430,207 444,671 454,361 461,286 493,804 Development Services 252,386 261,220 270,362 279,825 289,619 Public Health and Welfare Services 238,243 246,582 255,212 264,144 273,389 6,866,937 7,127,918 7,275,691 7,519,078 7,811,073 SURPLUS (DEFICIT) FOR THE YEAR 3,486,266 (366,226) (255,786) 142,137 (315,063) ADJUSTED FOR NON-CASH ITEMS Amortization 1,349,878 1,359,179 1,346,420 1,371,699 1,431,863 Inventory expense 30,500 30,500 30,500 30,500 30,500 Prepaid expense 15,000 15,000 15,000 15,000 15,000 1,395,378 1,404,679 1,391,920 1,417,199 1,477,363 TOTAL CASH FROM OPERATIONS 4,881,644 1,038,452 1,136,135 1,559,336 1,162,299 ADJUSTED FOR CASH ITEMS Capital asset expenditures (7,229,050) (1,579,300) (1,242,200) (3,488,000) (2,076,700) Inventory expenditures (30,500) (30,500) (30,500) (30,500) (30,500) Prepaid expenditures (15,000) (15,000) (15,000) (15,000) (15,000) Debt principle repayments (304,497) (383,434) (369,974) (345,377) (480,838) Debt proceeds 1,455,600 119,500 253,000 2,080,200 710,600 Transfer from (to) reserves 884,215 466,135 78,793 171,859 547,484 Transfer from (to) surplus 357,589 384,147 189,746 67,482 182,655 (4,881,643) (1,038,452) (1,136,135) (1,559,336) (1,162,299) FINANCIAL PLAN BALANCE 0 0 0 0 0 ITEM I. - 2. Page 40 of 51 - 3 - TOWN OF OLIVER 5 Year Financial Plan Bylaw 1337 Schedule “B” - Statement of Objectives and Policies In accordance with Section 165(3.1) of the Community Charter, the Town of Oliver (Town) is required to include in the Five Year Financial Plan, objectives and policies regarding each of the following: 1. The proportion of total revenue that comes from each of the funding sources described in Section 165(7) of the Community Charter; 2. The distribution of property taxes among the property classes, and 3. The use of permissive tax exemptions Funding Sources Table 1 below shows the proportion of total revenue anticipated to be raised from each funding source in 2013 for the consolidated operating and capital budget. Property taxes form approximately 10% of the overall revenue of the municipality. The system of property taxation is relatively easy to administer and understand. It provides a stable and consistent source of revenue for many services that are difficult or undesirable to fund on a user-pay basis. These include services such as general administration, fire protection, bylaw enforcement, snow removal, road maintenance, airport, and community buildings. For these reasons, property taxation will continue to be a substantial source of municipal revenue. The greatest source of municipal revenue is from user fees and sales of services. User fees attempt to apportion the value of a service to those who use the service. Approximately 87% of this user fee revenue represents water and sewer charges. Water and sewer system users fully pay for the costs of these systems, without subsidy from property taxes. The municipality strives to calculate full cost user fees for these services, which includes not only direct but indirect costs such as administration and operating overhead. Objectives • Over the next five years, where possible, the Town will endeavour to supplement revenues from user fees and charges, rather than taxation, to lessen the burden on its limited property tax base. • Investigate other potential funding sources and securing opportunities for additional revenues. Policies • The Town will review all user fee levels to ensure they are adequately meeting both the capital and delivery costs of the service. • The Town will endeavour to review and adjust user fees to maintain competitiveness with other municipalities or market rates. • Aggressively seek available grants for projects to mitigate the potential impact on property taxation rates. ITEM I. - 2. Page 41 of 51 - 4 - TOWN OF OLIVER 5 Year Financial Plan Bylaw 1337 Schedule “B” - Statement of Objectives and Policies Table 1 – Sources of Funding (2013) Funding Source % Total Funding Dollar Value User fees & sales of services 26% $3,383,310 Grants 17% $2,274,825 Developer contributions 15% $1,996,900 Proceeds from borrowing 11% $1,455,600 Property taxes 10% $1,298,517 Reserves 10% $1,241,803 Other sources 7% $871,201 Parcel taxes 4% $528,450 TOTAL 100% $13,050,606 Distribution of Property Tax Rates Table 2 below shows the distribution of property tax revenue among the property classes. The residential property class provides the largest proportion of property tax revenue. This is appropriate as this class also forms the largest portion of the assessment base and consumes the majority of Town services. Objectives • Allow for a maximum business multiple not to exceed the Provincial multiple established by British Columbia Regulations 426/2003 and 439/2003 for the business class. • Ensure that business and light industry property tax multiples continue to be equal. • Over the next five years maintain tax stability by keeping the proportionate relationship between all other classes equal. • Over the next five years keep the property tax increase close to the cost of living. Policies • Supplement, where possible, revenues from user fees and charges to help offset the burden on the entire property tax base. • Continue to apply additional taxes that would have been collected from new non-residential development against the tax increases in those classifications. This results in slowly reducing the proportions of taxes paid by the commercial sector in relation to the residential sector. • Regularly review and compare the Town’s distribution of tax burden relative to other municipalities in the South Okanagan. Table 2 – Distribution of Property Tax Rates (2013) Property class % Property Value Tax Dollar Value Residential (1) 71% $924,096 Business (6) 25% $328,870 Light Industry (5) 2% $25,898 Utility (2) 1% $15,669 Farm & Recreation (8 & 9) 1% $3,984 TOTAL 100% $1,298,517 ITEM I. - 2. Page 42 of 51 - 5 - TOWN OF OLIVER 5 Year Financial Plan Bylaw 1337 Schedule “B” - Statement of Objectives and Policies Permissive Tax Exemptions The Community Charter permits council to provide permissive tax exemptions for a period of up to 10 years for specific types of properties. Council adopted a 10-year bylaw, pursuant to section 224 of the Community Charter, which is in effect to 2014. The Annual Municipal Report for 2011 contains a list of permissive exemptions and the amount of tax revenue foregone. The list demonstrates the policy of council that permissive exemptions are granted to not-for-profit institutions that form a valuable part of our community. Many property tax exemptions are provided to properties automatically by the Assessment Authority of BC. For example, properties owned by the municipality or other levels of government are exempted 100%. Other properties such as churches and hospitals are generally exempted only for buildings and the land directly beneath the footprint of the building. Objectives • Council’s principle objective in considering permissive tax exemptions under section 224 is to provide financial assistance to organizations that provide a valuable service to the broader community. These services may include cultural and recreational opportunities for adults and youth, promotion of the local economy and local charitable services. • Council’s principle objective in considering permissive tax exemptions under section 226 is to provide a short-term financial incentive to promote certain types of economic development Policies • Provide permissive tax exemptions for all qualifying land uses to those organizations that provide valuable services to the broader community. Also, in 2013, council will review the current tax exemption bylaw to ensure the criteria being used are still relevant to the overall goals and objections of the bylaw. • Develop a revitalization tax exemption program in 2013 which details the kinds of activities the program will target within the Downtown Commercial, Core Area Residential, Industrial and Airport zones. • Integrate the revitalization tax exemption program into the Town’s existing initiatives as a means of attracting retail, commercial businesses to further invest in the community. ITEM I. - 2. Page 43 of 51 Page 44 of 51 TOWN OF OLIVER Board of Variance Bylaw 1338 A bylaw to establish a Board of Variance and procedures for Board of Variance applications WHEREAS division 6 of part 26 of the Local Government Act requires a local government that has adopted a zoning bylaw to establish a Board of Variance; AND WHEREAS Council of the Town of Oliver has adopted a zoning bylaw; NOW THEREFORE, the Council of the Town of Oliver in open meeting assembled enacts as follows: 1. Establishment A Board of Variance having jurisdiction for the Town of Oliver is hereby established. 2. Membership and term of appointment a) The Board of Variance shall consist of three (3) members. b) The appointment of members to a Board of Variance shall be by resolution of the Council of the Town of Oliver. c) Members of the Board of Variance shall be appointed for a three (3) year term; such term beginning on the date of appointment and ending on the anniversary date of the term. d) An appointment to the Board of Variance may be rescinded by council at any time. e) Members of the Board of Variance may be reappointed for a further term or terms. f) In accordance with the Local Government Act, a person who is a member of the Council, an officer or employee of the Town of Oliver may not be appointed as a member of the Board of Variance, but they may attend meetings in a resource capacity. g) All members of the Board of Variance shall serve without remuneration for meeting attendance except for any reasonable and necessary expenses that arise directly out of the performance of their duties and paid at rates provided for in the Town of Oliver Travel and Expenses Policy Bylaw 1304. h) Upon resignation, death or removal of a member during his or her term of office, the Council of the Town of Oliver may by resolution appoint a successor who shall hold office during the remainder of the term of the former member. ITEM I. - 3. Page 45 of 51 Page 2 of 5 Board of Variance Bylaw 1338 3. Meetings a) Meetings of the Board of Variance shall be called by the chair of the Board of Variance as reasonably required to deal with variance applications. b) A majority of the Board of Variance shall be deemed to be a quorum. c) In the event that a quorum is not present within 30 minutes after the time appointed for a meeting, the names of those present will be recorded and the meeting shall be adjourned to the same time on the following day or to such other date and time as determined by the chair. d) Any person or body with interest in property within the Town of Oliver is entitled to be heard at the hearing and is entitled to be represented by a solicitor or by an agent duly appointed in writing. e) Evidence at a hearing may be given orally or in writing. f) The Board may view the property affected by the appeal and surrounding properties. g) The Board may adjourn the hearing from time to time and may reconvene without further notice if the time, date and place of reconvening is announced at the adjournment. h) If the appellant or other persons notified do not appear at the hearing or any adjournment thereof, and have not advised the Secretary in advance that they wish to be heard at another date, the board may proceed to decide the appeal in their absence. 4. Chair and Secretary a) The Board of Variance shall choose, at the first meeting in each and every year, a chair from among its appointed members. b) In the event the chair is not in attendance within 15 minutes after the time appointed for a meeting, the Board of Variance shall appoint an acting chair for the duration of the meeting. c) The officer responsible for corporate administration or another person designated by him or her shall act as secretary to the Board of Variance. d) The secretary shall be responsible for: (i) receiving applications to the Board of Variance; (ii) establishing the date of the Board of Variance meeting on direction from the chair; (iii) issuing written notice of the Board of Variance appeal which shall be mailed or otherwise delivered at least 10 days before the date of the meeting to: • the members of the Board of Variance; • the applicants; and • the owners and tenants of adjacent lands. and the written notice shall state the subject matter of the application and the time and the place where the appeal will be heard; e) give written notice of any decision of the Board to the appellant; and ITEM I. - 3. Page 46 of 51 Page 3 of 5 Board of Variance Bylaw 1338 f) forward a copy of the minutes of hearings to the Council of the Town of Oliver for their information. 5. Decisions a) The deliberations, and the decision of the Board to either grant or deny an order must be made in the presence of the applicant, and any other persons notified in connection with that application, if in attendance at the meeting. 6. Making Application a) An application to the Board of Variance shall be made and processed substantially as outlined in Schedule ‘1’ of this bylaw. 7. Application Fee a) At the time of application, the applicant shall pay to the Town of Oliver an application fee in the amount $400.00. 8. Relation to Local Government Act and severability a) This bylaw is not intended to conflict with any provision of the Local Government Act relating to boards of variance nor to fetter any statutory authority of the Town of Oliver in relation to a Board of Variance or its members. b) If any section or subsection of this bylaw is found to be invalid it may be severed without affecting the validity of the remainder of the bylaw. 9. Citation and repeal a) This bylaw may be cited for all purpose as “Board of Variance Bylaw 1338”. b) Oliver Board of Variance Bylaw No. 491, 1985 and all amendments thereto are hereby repealed. READ A FIRST, SECOND, AND THIRD TIME this 12th day of February, 2013. ADOPTED this __ day of _____, 2013. ________________________________ ___________________________________ Mayor Corporate Officer ITEM I. - 3. Page 47 of 51 SC H E D U L E 1 APPLICATION REQUIREMENTS AND PROCESSING PROCEDURES Page 4 of 5 Bylaw No. 1338, 2013 Board of Variance Bylaw This information is meant as a general guide only and is not regarded as the right to development approval if the steps indicated are followed. 1. Application Requirements a) Authorization i) An application to the Board of Variance shall be made to the Town of Oliver in writing and on the appropriate form, and shall be: .1 made by the owner(s) of the subject property or by a person authorized by all property owners(s); .2 made on the appropriate form designated by the Municipal Manager, or designate; and .3 accompanied by the appropriate application fee outlined at Section 7 of Bylaw 1338. b) Proposal Summary i) An outline of the type of development or land use proposed, including: .1 a description of the variance requested and reasons or rationale (e.g. hardship) for that proposal. c) State of Title Certificate i) a copy of the Land Title Office search print, issued not more than thirty (30) days prior to the application date for any parcel of land subject to the application; and ii) a copy of all non-financial charges (i.e. covenants, easements and rights-of-way, etc.) registered on the subject property(s). d) Site Plan i) a site plan of the proposed development drawn to scale and showing dimensions, and include the following (as applicable): .1 north arrow and scale; .2 dimensions and boundaries of property lines, rights-of-way, covenant areas and other easements; .3 location and dimensions of existing and proposed structures and setbacks (including projections and overhangs) to parcel lines, rights-of-way, and easements; .4 location of existing and proposed access roads, driveways, vehicle parking spaces, pathways, screening and fencing; .5 natural and finished grades of site, at buildings and retaining walls (indicate source of grade data); .6 location of any physical or topographical constraints (e.g. watercourses, shorelines, ravines, wetlands, steep slopes, bedrock outcrops, etc); ITEM I. - 3. Page 48 of 51 Page 5 of 5 Board of Variance Bylaw 1338 .7 location of all existing and proposed water lines, wells, septic fields, and sanitary sewer and storm drain facilities, including sizes; and .8 proposed covenant areas (if any). e) Development Plans (drawn to scale, in metric) i) detailed drawings of the proposed development, including building sections, elevations, finishes, floor plans, landscaping, access roads, driveways, vehicle parking spaces, pathways, and screening and fencing proposed for the site; ii) a project summary sheet outlining density and number of dwelling units, site coverage, heights, setbacks, and other relevant data; and iii) location and width of existing or proposed access(es) to the property, driveways manoeuvring aisles and parking layout. f) Site Surveys i) if a proposed development involves a variance to the siting or building envelope of an existing structure a current sketch plan, certified by a BC Land Surveyor, in metric, shall be required. 2. Application Processing Procedures a) Upon receipt of an application accompanied by the required fees and attachments, Development Services staff will open a file and issue a fee receipt to the applicant. b) Development Services staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant. c) Development Services staff will evaluate the proposal to ensure that the proposed variance can be realised through a Board of Variance appeal (staff may conduct a site visit to view the property as part of the evaluation process). Where it is uncertain, the Board of Variance shall determine whether a matter for its consideration falls within its jurisdiction. d) Development Services staff will refer the application to all applicable Town of Oliver departments. e) Received comments will then be incorporated into a technical report to the Board of Variance. f) A time, date and location for a hearing of the application is set by Development Services staff (Board of Variance members may visit the site in advance to gain a better understanding of the hardship claimed by the applicant). g) A notice of Hearing is delivered to Board of Variance members and all owners and occupiers of neighbouring properties situated within a 30.0 metre radius of the subject parcel. h) On the date of the Hearing, the Board of Variance receives written and verbal representations from the applicant and neighbours. i) After presentations by the applicant and neighbours are heard, the Board of Variance considers the application and makes a decision. The decision of the Board of Variance is final. j) Once the Board of Variance minutes have been prepared, the applicant will be notified in writing of the outcome. ITEM I. - 3. Page 49 of 51 Page 50 of 51 ITEM L. - 1. Page 51 of 51