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HomeMy Public PortalAboutRegular Open Council - 28 Jan 2013 - PdfTOWN OF OLIVER REGULAR OPEN COUNCIL MONDAY, JANUARY 28, 2013 AT 7:00 PM Council Chambers AGENDA Page A CALL TO ORDER B ADOPTION OF AGENDA C ADOPTION OF PRIOR MINUTES 5 - 11 1. Minutes of January 14, 2013 Regular meeting D BUSINESS ARISING OUT OF PRIOR MINUTES E COMMITTEE REPORTS 13 - 17 1. Minutes of the January 14, 2013 Committee of the Whole meeting 2. Verbal report from the Chairperson of the January 28, 2013 Committee of the Whole meeting F WATER MATTERS 1. Town of Oliver - OBWB Grant Program Application - Manganese Pilot Project - Director of Operations' report attached G DELEGATIONS & PETITIONS 19 - 26 1. Presentation by Betty Brown, Community Health Facilitator, Interior Health Lori Motluk IH Acute Area Director - South Okanagan and Dr. Gerry Karr, Chair, Okanagan Similkameen Healthy Living Coalition Re: Interior Healths Healthy Communities Initiative H BYLAWS 27 - 45 1. Manufactured Home Park Regulations Bylaw 1327 - for adoption - bylaw attached 47 - 50 2. Zoning Amendment Bylaw 1330.02 - for adoption - bylaw attached 51 - 54 3. Zoning Amendment Bylaw 1330.03 - for adoption - bylaw attached Regular Open Council of January 28, 2013 I DEVELOPMENT PERMIT/VARIANCE HEARINGS 55 - 68 1. Development Permit (with variances) 2012-02 Owner: Zandec Holdings Limited Address: 6060 Station Street - Planner's report attached 69 - 82 2. Development Permit (with variances) 2012-03 Owners: John & Susan Echlin Address: 6366 Main Street - Planner's report attached 83 - 90 3. Development Permit 2012-04 Owner: Burrowing Owl Vineyard Limited Address: 153 Spruce Avenue - Planner's report attached J BUSINESS 91 - 100 1. Grant in Aid Policy Amendment - Chief Financial Officer's report attached 101 - 140 2. Approval of 2013 General, Water and Sewer Budgets - Chief Financial Officer's report attached 141 - 145 3. Riverside Park/Loop Trail/Fitness Circuit Proposal - Municipal Manager's report attached K CORRESPONDENCE 147 - 155 1. Correspondence Report - Corporate Officer's report attached L REPORTS 1. Water Councillor Machial 2. Councillor Larson 3. Councillor Doerr 4. Councillor Mattes 5. Councillor Bennest 6. Water Councillor Miller 7. Mayor Hovanes Page 2 of 155 Regular Open Council of January 28, 2013 M UPCOMING MEETINGS Tuesday, February 12, 203 at 4:00 pm – Committee of the Whole meeting Tuesday, February 12, 2013, at 7:00 pm – Regular meeting Monday, February 25, 2013 at 4:00 pm – Committee of the Whole meeting Monday, February 25, 2013 at 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 Page 3 of 155 Page 4 of 155 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, JANUARY 14, 2013 IN THE COUNCIL CHAMBER Present: Regrets: Mayor Hovanes Councillors Larson, Doerr, Bennest, and Mattes Water Councillor Machial Water Councillor Miller 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 B-1 Adoption Add Revitalization Tax Exemption Bylaw 1328 for 1st reading R-01/13 It was MOVED and SECONDED That the agenda be adopted as amended. CARRIED C ADOPTION OF PRIOR MINUTES C-1 Minutes of December 10, 2012 Regular meeting R-02/13 It was MOVED and SECONDED That the minutes of December 10, 2012 Regular meeting be adopted as circulated. CARRIED C-2 Minutes of December 11, 2012 Public Hearing Note: Also included as part of the minutes is information contained in the public hearing binder R-03/13 It was MOVED and SECONDED That the minutes of December 11, 2012 Public Hearing be adopted as circulated. ITEM C - 1. Page 5 of 155 Regular Open Minutes of January 14, 2013 CARRIED C-3 Minutes of December 11, 2012 Public Hearing Note: Also included as part of the minutes is information contained in the public hearing binder R-04/13 It was MOVED and SECONDED That the minutes of the December 11, 2012 Public Hearing be adopted as circulated. CARRIED C-4 Minutes of December 17, 2012 Special Open meeting R-05/13 It was MOVED and SECONDED That the minutes of the December 17, 2012 Special Open meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None E COMMITTEE REPORTS E-1 Minutes of the November 26, 2012 Committee of the Whole meeting R-06/13 It was MOVED and SECONDED That the minutes of the November 26, 2012 Committee of the Whole meeting be received. CARRIED E-2 Verbal report from the Chairperson of the January 14, 2013 Committee of the Whole meeting Mayor Hovanes gave a brief report on the meeting held earlier in the day. F WATER MATTERS F-1 Water Quality Summary Report for the month of November 2012 R-07/13 It was MOVED and SECONDED That the Water Quality Summary Report for the month of November be received ITEM C - 1. Page 6 of 155 Regular Open Minutes of January 14, 2013 as circulated. CARRIED F-2 Water Quality Summary Report for the month of December 2012 R-08/13 It was MOVED and SECONDED That the Water Quality Summary Report for the month of November be received as circulated. CARRIED G BYLAWS G-1 Zoning Amendment Bylaw 1330.02 - The Municipal Manager summarized the Planners report R-09/13 It was MOVED and SECONDED That Zoning Amendment Bylaw 1330.02 be amended to include a provision deleting Section 32.7 (Floor Area Ratio) from the Industrial (M2) Zone. and; That Zoning Amendment Bylaw 1330.02 be read a third time as amended. CARRIED G-2 Zoning Amendment Bylaw 1330.03 R-10/13 It was MOVED and SECONDED That Zoning Amendment Bylaw 1330.03 be read a third time. CARRIED G-3 Zoning Amendment Bylaw 1330.04 R-11/13 It was MOVED and SECONDED That Zoning Amendment Bylaw 1330.04 Public Hearing report be received as circulated and; That Zoning Amendment Bylaw 1330.04 be read a third time and be adopted. CARRIED ITEM C - 1. Page 7 of 155 Regular Open Minutes of January 14, 2013 G-4 Official Community Plan Amendment Bylaw 1336 R-12/13 It was MOVED and SECONDED That Official Community Plan Amendment Bylaw 1336 Public Hearing report be received as circulated and; That Official Community Plan Amendment Bylaw 1336 be read a third time and be adopted. CARRIED G-5 Revitalization Tax Exemption Bylaw 1328 R-13/13 It was MOVED and SECONDED That Revitalization Tax Exemption Bylaw 1328 be read a first time. CARRIED H BUSINESS H-1 Crown Land Tenure - License of Occupation R-14/13 It was MOVED and SECONDED That Council authorize the Town of Oliver signing authorities to execute the Licence of Occupation for a 30 year term to make improvements and maintain the Okanagan River ‘Eastside Hike and Bike Trail’ from Park Drive north to Vertical Drop Structure 13 for the purpose of non-mechanized recreation. CARRIED H-2 Request for Authorization to Proceed with Server Upgrade R-15/13 The Municipal Manager summarized the Manager of Financial Services report. It was MOVED and SECONDED That staff increase the Vadim Server replacement budget contained in the five- year financial plan from $18,100 to $19,818 to allow purchase and installation of the new server prior to final adoption of the 2013 budget. CARRIED ITEM C - 1. Page 8 of 155 Regular Open Minutes of January 14, 2013 H-3 Routine Release of Closed Resolutions R-16/13 It was MOVED and SECONDED That closed resolutions for the period of June 2012 to November 2012 be released. CARRIED I CORRESPONDENCE I-1 Correspondence Report R-17/13 a) Letter received December 19, 2012 from J. Andre, Okanagan Portuguese Club re Request for Assistance. It was MOVED and SECONDED That staff review the lease arrangement with the Okanagan Portuguese Club and the Parks and Recreation Society and report back to Council in the future. CARRIED R-18/13 b) Letter dated January 7, 2013 from H. Kroeker, President, SILGA re: Call for Resolutions for 2013 SILGA Convention No pressing issues at this time. It was MOVED and SECONDED That the letter from the President of SILGA and the correspondence in the Council reading file be received and filed. CARRIED J REPORTS J-1 Oliver Fire Department Report for the month of December 2012 R-19/13 It was MOVED and SECONDED That the Oliver Fire Department report for December 2012 be received as circulated. CARRIED J-2 Water Councillor Miller ITEM C - 1. Page 9 of 155 Regular Open Minutes of January 14, 2013 No report - In Hawaii J-3 Water Councillor Machial Budget Deliberations J-4 Councillor Larson Announced that she will be the liberal candidate for this riding in the next election. J-5 Councillor Doerr Budget meetings earlier in the day J-6 Councillor Mattes December 14 - Public Works Christmas Party December 18 - Friends of the Library January 12 - Fire Department Reception J-7 Councillor Bennest No report J-8 Mayor Hovanes Various Christmas functions December 20 - RDOS January 4 – met with residents re: airport issues Meeting with landowner and realtor re: zoning concern Fire Department Reception K UPCOMING MEETINGS K-1 Monday, January 28, 2013 at 2:00 pm - Closed Priority Session Monday, January 28, 2013 at 4:00 pm - Committee of the Whole meeting Monday, January 28, 2013 at 7:00 pm - Regular meeting Tuesday, February 12, 2013 at 4:00 pm - Committee of the Whole meeting Tuesday, February 12, 2013 at 7:00 pm - Regular meeting L PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. ITEM C - 1. Page 10 of 155 Regular Open Minutes of January 14, 2013 M ADJOURNMENT R-20/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 7:50 pm CERTIFIED AS CORRECT Mayor Deputy Corporate Officer ITEM C - 1. Page 11 of 155 Page 12 of 155 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, JANUARY 14, 2013 IN THE COUNCIL CHAMBERS Present:Chairperson, Mayor Hovanes Councillors Larson, Doerr, Bennest, and Mattes Water Councillor Machial Regrets:Water Councillor Miller Staff:T. Szalay, Municipal Manager D. Svetlichny, Chief Financial Officer S. Goodsell, Director of Operations C. Cowan, Corporate Officer Guests:L. Schwartzenberger, Airport Advisory Committee Chair P. Durmoert A CALL TO ORDER Mayor Hovanes called the meeting to order at 10:10 am B ADOPTION OF AGENDA CW-01/12 It was MOVED and SECONDED That the agenda be amended by adding the following: ·Water Budget - Chlorine Residual Analyzer CARRIED C ADOPTION OF COMMITTEE MINUTES C-1 Minutes of November 26, 2012 Committee of the Whole meeting CW-02/12 It was MOVED and SECONDED That the minutes of the November 26, 2012 Committee of the Whole meeting be adopted as circulated. CARRIED D BUSINESS D-1 2013 General Operating & Capital Budgets The Chief Financial Officer summarized his report. ITEM E - 1. Page 13 of 155 Committee of the Whole meeting minutes of January 14, 2013 Page 2 of 5 Council reviewed the proposed budget and requested the following changes: ·Budget 2-2-1290-621 Admin - Minor Equipment be reduced to $7,500 ·Budget 2-2-6914-000 Econ. Dev. - Contingency be reduced to $5,000 ·Budget 2-2-5110-500 Cemetery Moving and Trimming be reduced to $18,000 ·Budget 2-2-6221-701 SOSCP Partner Contribution be reduced to $0 ·Budget 2-2-3251-700 Decorative Lighting - Material be reduced to $3,500 ·Budget 2-2-1292-568 Personnel - Consultant & Misc. be reduced to $24,000 ·Oliver Long Term Capital Expenditure Program - Tree root damage - Tucelnuit area be spread over 5 years at $8,000 per year and the $5,000 difference for 2013 be placed in the Road Reserve Fund ·Oliver Long Term Capital Expenditure Program - Tree Inventory/Health Project In-Town do not undertake phase three and remove $15,000 from the 2014 column CW-03/12 Late Item Water Matter - Chlorine Residual Analyzer It was MOVED and SECONDED THAT the Chlorine Residual analyzer be included in the 2013 Water Capital Budget at a cost of $17,500. CARRIED CW-04/12 Airport Budget It was MOVED and SECONDED That $5,000 be added to the Airport Budget for the Design of the Airport East Side Servicing; and That the funds for the Design come from the airport prepaid leases reserve fund. CARRIED CW-05/12 It was MOVED and SECONDED That the Fire Budget Item 2-22480-735 Fire Truck Repairs - Unallocated be reduced to $1,000. CARRIED ITEM E - 1. Page 14 of 155 Committee of the Whole meeting minutes of January 14, 2013 Page 3 of 5 CW-06/12 It was MOVED and SECONDED That the Unstructured and Structured Grant in Aid Policy be amended by replacing item 2 under the INTENT section with the following: 2. Council will annually set a budget for grants-in-aid. The maximum budget in any given year will not exceed 0.6% of the previous year’s total of municipal property tax revenue, grants in lieu of taxes and unconditional grants. CARRIED CW-07/12 It was MOVED and SECONDED That staff be directed to open dialogue with Oliver Parks and Recreation for the contracting of some or all of the parks mowing. CARRIED Recessed at 12:25 pm Reconvened at 1:30 pm CW-08/12 It was MOVED and SECONDED That the actual salary and building costs being tracked through time sheets be allocated to the appropriate fund during the 2013 year end process. CARRIED CW-09/12 It was MOVED and SECONDED That the business multiple be set to 2.45 for 2013; and That the above change in the business multiple to be funded from the savings outlined on Page 2 of these Minutes; and That in future years the business multiple not exceed the provincial rate. CARRIED CW-10/12 It was MOVED and SECONDED That Council approve 2013 general budgetary cuts as outlined on Page 2 of these Minutes; and combine these savings with the projected budgetary surplus; and further earmark these funds be spent only on road capital projects with any unexpended funds being transferred into a Road Capital Reserve for future road capital projects; and That Council direct staff to transfer all unspent monies from the Plan B Roads capital project into a newly created Road Capital Reserve account that may only be used to fund road capital projects; and That Council direct staff to transfer $400,000 from the General Reserve to the Road Capital Reserve as an initial investment in future road capital projects. ITEM E - 1. Page 15 of 155 Committee of the Whole meeting minutes of January 14, 2013 Page 4 of 5 CARRIED CW-11/12 It was MOVED and SECONDED That Council direct staff to transfer the wage surplus created by the resignation of the Director of Development Services during 2012 into a newly created Payroll Payable Reserve account that may only be used to fund future payroll liability (ie: overtime and well days) payments; and That Council direct staff to allocate future wage surpluses to the Payroll Payable Reserve until such time that the reserve equals the corresponding liability account and once a yearly reconciliation is done of the two equal accounts, any wage surpluses in that year be allocated to the appropriate reserve funds. CARRIED E BUSINESS ARISING OUT OF PRIOR MINUTES None F BYLAWS F-1 Revitalization Tax Exemption Bylaw 1328 The Municipal Manager summarized his report and provided an overview of the bylaw. CW-12/12 It was MOVED and SECONDED That Bylaw 1328 be forwarded to the evening meeting of January 14 for first reading; and That on Ten (10) year tax exemptions starting in year six a decreasing exemption be implemented; and That any hotel property receive a full tax exemption for the ten (10) years on the improvement only. CARRIED Councillor Larson vacated Council Chambers at 3:29 pm G PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. ITEM E - 1. Page 16 of 155 Committee of the Whole meeting minutes of January 14, 2013 Page 5 of 5 H ADJOURNMENT CW-13/12 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 3:34 pm. CERTIFIED AS CORRECT Chairperson Corporate Officer ITEM E - 1. Page 17 of 155 Page 18 of 155 FACT SHEET Okanagan Similkameen Healthy Living Coalition January 2013 Background Steps to form an Okanagan Similkameen Healthy Living Coalition (the Coalition or OSHLC) were initiated in June 2012 by six organizations, which agreed to “… apply their collective resources to the common goal of reducing the prevalence of lifestyle related chronic diseases. …” Original member organizations include the City of Penticton, School District 67, Penticton Indian Band, Interior Health, Regional District of Okanagan Similkameen and the Okanagan Similkameen Healthy Living Society (the Society). This initiative, still in its formative stages, is led by the Society, which has presented a successful regional Healthy Living Fair annually since 2008 (with the exception of 2012). Current State The Okanagan Similkameen Healthy Living Society has now decided to expand its scope to include a full range of continuous programming designed to achieve healthier communities throughout the RDOS by initiating the Coalition. When launched, the Coalition will bring together a variety of local and regional partners in a collaborative five-year pilot project aimed at making the Okanagan Similkameen home to the healthiest communities in Canada. Linkages with Interior Health People with chronic health conditions represent 37% of the B.C. population and consume 80% of total healthcare budgets. With an aging population, these numbers are projected to increase, yet they don’t have to. Chronic disease and obesity can be prevented, or their onset delayed. The new provincial Healthy Families BC - Communities initiative launched in May 2011 is designed to address these issues, as is IH's Healthy Communities Initiative which focuses on working with partners in local government to promote healthy behaviours and reduce the risk factors for chronic disease and obesity. Improving the health and well-being of our citizens will require sustained collaboration and partnerships to promote healthy lifestyles. As a result, Interior Health is a core participant in developing the Okanagan Similkameen Healthy Living Coalition and sees the Coalition as the vehicle through which community partnerships will be implemented. Moving Forward As soon as the core group of six member organizations has completed its foundational work, plans are to expand the Coalition to include all regional authorities and relevant agencies that wish to participate. A regional forum is in the planning stages for later this year to guide this forward. ITEM G - 1. Page 19 of 155 It is envisioned the model developed by the Coalition will be adopted as the framework for ongoing successful achievement of our common goal to make RDOS communities the healthiest in Canada. While the Coalition is planned as a five-year pilot project, Interior Health partnerships with local governments may extend over longer periods. Benefits The OSHLC represents the first known regional collaborative in BC to address healthy living and represents the optimal vehicle to plan and implement community driven strategies to promote healthy living. It affords the efficiencies of planning regionally while supporting, facilitating and encouraging local community action. Through the charitable status of the Society, it is expected the Coalition will have the ability to attract external grants from senior governments and foundations to fund its work. Action Request We ask the municipalities of the Regional District of Okanagan Similkameen to agree to: a) Partner with Interior Health to increase actions that will improve the health of the community by reducing chronic disease and obesity; and b) Join the Okanagan Similkameen Healthy Living Coalition to create local and regional strategies to improve health as a means of implementing the partnership. Coalition Key Milestones Inaugural meeting for OSHLC Core Members Alignment of organizational mandates & policy review Presentation by IH to RDOS Board to expand RDOS mandate for healthy living, OSHLC core members develop draft vision, mission, values, governance and Strategic Direction in anticipation of new member review IH secures partnerships with RDOS municipalities as part of MoH deliverables All municipalities and core regional authorities invited to join the Coalition Inaugural forum for full regional representation ITEM G - 1. Page 20 of 155 1/23/2013 1 Partnering with Local Governments to Promote Healthier Communities Betty Brown January 28th, 2013 Community Health Facilitator Town of Oliver Council Interior Health Take home messages Interior Health is committed to collaborate with local governments for the long term to improve community health Would Oliver Council make a resolution tonight to partner with Interior Health and to participate in the future work of the Okanagan Similkameen Healthy Living Coalition? 1/23/2013 2 Maturing of Cities and Public Health "Many would be surprised to learn that the greatest contribution to the health of the nation over the past 150 years was made not by doctors or hospitals but by local government.” 1/23/2013 3 “The Health of a City” by Dr. Jessie Parfitt - a public health physician Oxford, England ITEM G - 1. Page 21 of 155 1/23/2013 2 Why focus on Healthy Communities? •We’re sick and obese •We can’t do it alone •It happens where we live, learn, work and play Well done Oliver! Examples of Oliver actions/policies that support healthy living: •Council strategic priority 12-7: Trail network enhancements •Wide range of diverse recreation programs that encourage active living for all ages including Adult HEALTH and fitness classes •Health Equity is achieved through programs like the Oliver Jump Start & Any Child Can Join programs. •Lion’s Park ‘Hike and Bike’ Trails 1/23/2013 5 Estimated Impact of Social Determinants of Health on Health Status of the Population Canadian Institute for Advanced Research, 1997 ITEM G - 1. Page 22 of 155 1/23/2013 3 Healthy Communities Philosophy •“Addressing the social determinants of health to ensure the  best health possible for all people in our communities is a  shared responsibility.  •While the health care system is designed to treat people once  they are sick, it requires a collaborative effort to address the  factors which keep us well.  •No one sector, agency or public can tackle these issues alone  but we must collectively ensure that all levels of public policy  support healthy lives.”  –Patricia Daly, Medical Health Officer Vancouver Costal Health (October 2008) Direction by BC’s Ministry of Health •New BC Public Health Act 2009, outlines role of local government in public health promotion •The Healthy Families BC program was launched in May 2011 •Healthy Families BC covers 4 key areas: •Healthy Start •Healthy Lifestyles •Healthy Eating •Healthy Communities The HFBC Communities Initiative builds on the good work already underway within local governments and establishes long term partnerships between Interior Health and local governments. IH’s Healthy Communities Initiative To work at the population health level to create healthy community environments & policies to reduce risk factors for chronic disease and obesity 1/23/2013 9 Physical Activity Healthy Eating Tobacco Reduction Healthy Environments Priority Populations ITEM G - 1. Page 23 of 155 1/23/2013 4 Creating Supportive Policies and Environments •Active Living –Enhancing or developing pedestrian-friendly streetscapes, transit & pedestrian networks, end of trip facilities, safe routes to school-travel planning •Priority Populations (e.g. seniors, children & youth, mental health) –Improving physical environments to promote active living, & social connectedness, age friendly planning, supports for seniors to ‘age in place’ •Tobacco Reduction –Bylaws that strengthen tobacco free policies for public buildings, parks, beaches, workplaces, patios and restaurants. •Healthy Eating –Policies that support community gardens, urban agriculture and healthy vending/concession options in municipal & public buildings •Healthy Built Environment –Policies to modify road designs and development applications to promote safe road function for all users to prevent MVC (e.g. traffic calming), health lens into RGS and land use planning processes What IH has to Offer ... •Core member and full partner in the development and implementation process of the Okanagan Similkameen Healthy Living Coalition five year pilot project •Dedicated IH staff to work exclusively with local government – Community Health Facilitators •Information, data, consultation, workshops, staff expertise ... environmental health officers, public health nurses, nutritionists, medical health officers, communications specialists, epidemiologists •Access to the HFBC - Communities information portals & recognition opportunities/events 1/23/2013 11 Building on the good work already underway within local governments… ITEM G - 1. Page 24 of 155 1/23/2013 5 •Planning is underway to develop a regional model for healthy community action using HFBC – C framework •Six core members: IH, SD67, Penticton Indian Band, Regional District of Okanagan Similkameen (RDOS), City of Penticton, Okanagan Similkameen Healthy Living Society •Plans to broaden to include cross disciplinary partners: e.g. all interested municipalities, S. Districts, Indian Bands, & appropriate community stakeholders 1/23/201313 Okanagan Similkameen Healthy Living Coalition (OSHLC) In the Okanagan – Similkameen it’s all related !... OSHLC – core IH long term partnership OSHLC full implementation 1/23/2013 14 IH relationship to OSHLC 15 ITEM G - 1. Page 25 of 155 1/23/2013 6 We ask the Town of Oliver to agree to: a) Partner with Interior Health to increase actions that will improve the health of the community by reducing chronic disease and obesity; and b) Join the Okanagan Similkameen Healthy Living Coalition to create local and regional strategies to improve health as a means of implementing the partnership. 16 Thank you! 1/23/2013 17 Betty Brown Community Health Facilitator Promotion & Prevention Community Integrated Health Services Interior Health (250) 980-5034 betty.brown@interiorhealth.ca ITEM G - 1. Page 26 of 155 Town of Oliver Manufactured Home Park Regulations Bylaw No. 1327 ITEM H - 1. Page 27 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page ii of 19 ITEM H - 1. Page 28 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page iii of 19 The Town of Oliver Manufactured Home Park Regulations Bylaw No. 1327 TABLE OF CONTENTS Page 1.0 INTERPRETATION AND ADMINISTRATION ................................................................. 5 1.1 Title ........................................................................................................................ 5 1.2 Application ............................................................................................................ 5 1.3 Repeal .................................................................................................................... 5 1.4 Transition .............................................................................................................. 5 1.5 Definitions ............................................................................................................. 5 1.6 Interpretation......................................................................................................... 6 1.7 Prohibitions ........................................................................................................... 6 1.8 Exclusions ............................................................................................................. 7 1.9 Administration ...................................................................................................... 7 1.10 Severability ........................................................................................................... 7 2.0 APPLICATION AND PERMIT ......................................................................................... 8 2.1 Application Requirements .................................................................................... 8 2.2 Processing Procedure .......................................................................................... 9 3.0 APPLICATION FEES .................................................................................................... 12 3.1 Application Fees ................................................................................................. 12 4.0 REGULATIONS & STANDARDS .................................................................................. 13 4.1 Manufactured Home Space ................................................................................ 13 4.2 Manufactured Home ........................................................................................... 13 4.3 Skirtings .............................................................................................................. 13 4.4 Recreation Areas ................................................................................................ 14 4.5 Buffer Strip .......................................................................................................... 14 4.6 Access ................................................................................................................. 14 4.7 Roadways and Walkways ................................................................................... 15 4.8 Drainage .............................................................................................................. 15 4.9 Water Supply ....................................................................................................... 15 4.10 Sewage Treatment and Disposal Systems ........................................................ 16 4.11 Garbage Disposal ............................................................................................... 16 4.12 Fire Hydrants....................................................................................................... 17 4.13 Street Lighting .................................................................................................... 17 ITEM H - 1. Page 29 of 155 THE TOWN OF OLIVER MANUFACTURED HOME PARK REGULATIONS BYLAW NO. 1327 A Bylaw to regulate manufactured home parks under Section 63(e) of the Community Charter WHEREAS the Local Government Act enables regulations that apply to the construction and layout of manufactured home parks and the provision of facilities therein; NOW THEREFORE the Council of the Town of Oliver in open meeting assembled HEREBY ENACTS AS FOLLOWS: ITEM H - 1. Page 30 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 5 of 19 1.0 INTERPRETATION AND ADMINISTRATION ____________________________________________________________________________ ______________ 1.1 Title This bylaw may be cited for all purposes as the “Town of Oliver Manufactured Home Park Regulations Bylaw No. 1327”. 1.2 Application This bylaw shall apply to those lands within the boundaries of the Town of Oliver. 1.3 Repeal “Village of Oliver Mobile Home Parks Bylaw No. 335, 1977” is repealed. 1.4 Transition .1 The processing of any application made prior to the date of adoption of this bylaw shall be continued and dealt with by the Board in accordance with the provisions of this bylaw. 1.5 Definitions In this bylaw: “Council” means the municipal council of the Town of Oliver; “Development Services” means the Town of Oliver’s Department of Development Services; “FCL” means flood construction level; “Inspector” means the MUNICIPAL MANAGER or authorised designate appointed to administer this Bylaw; “Manufactured Home” means a building built in an enclosed factory environment in one or more sections, intended to be occupied as a dwelling unity in a place other than of its manufacture and conforming to the CSA Z240 or CSA A277 certified standard. The term "manufactured home" does not include a "recreational vehicle"; “Manufactured Home Park” means any parcel of land, upon which three or more manufactured homes or single detached dwellings are located on individual manufactured home sites that are occupied exclusively for residential purposes on a rental basis. Includes all buildings and structures used or intended to be used as part of such manufactured home park or manufactured home strata development; “Manufactured Home Park Permit” means a permit issued by the MUNICIPAL MANAGER allowing the construction or expansion of a manufactured home park in accordance with approved plans. ITEM H - 1. Page 31 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 6 of 19 “Manufactured Home Park Space” means an area of land for the installation of one manufactured home with permissible additions and situated within a manufactured home park. “Medical Health Officer” means the Medical Health Officer appointed under the Health Act; “Municipal Manager” means the person appointed by the Town Council as Municipal Manager and any person who, from time to time, is the deputy Municipal Manager or is appointed by the Town Council to act in the capacity of the Municipal Manager in the Municipal Manager's absence; “Owner” means the registered owner9s) listed on the State of Title of the subject property; or a person authorised in writing as the owner’s agent; “Permit Application” means an application for a Manufactured Home Park Permit; “Secretary” means the Deputy Corporate Officer, or equivalent, of the Town of Oliver, or his or her deputy; and “Skirting” means detachable panels fitted between the ground surface and the base of the manufactured home to enclose the pad; “Tenant” means the person(s) who inhabits a manufactured home in the manufactured home park. The tenant may be the owner of the manufactured home; “Zoning Bylaw” means a Zoning Bylaw or Land Use Bylaw adopted by the Town of Oliver. 1.6 Interpretation A reference in this bylaw to any enactment of British Columbia is a reference to the enactment as amended, revised, consolidated or replaced from time to time, and a reference to any bylaw of the Town of Oliver is a reference to the bylaw as amended, revised, consolidated or replaced from time to time. 1.7 Prohibitions .1 No person shall: a) locate, establish, construct, alter, extend, expand, subdivide, or operate a Manufactured Home Park; or b) cause or allow a Manufactured Home to be parked or to remain in a Manufactured Home Park in contravention of this Bylaw. ITEM H - 1. Page 32 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 7 of 19 1.8 Exclusions .1 No persons shall be compelled to upgrade existing Manufactured Home Parks to the standards of this Bylaw but any upgrading shall not lessen the compliance with this Bylaw and expansion shall meet Bylaw provisions. .2 Existing Manufactured Homes that do not meet Canadian Standards Association's Standard Z-240 standards/specifications shall be permitted to relocate or move into any Manufactured Home Park only if brought up to Z-240 standards with respect to electrical service and if the gas and heating systems are in accordance with Section 3.7 of this Bylaw. 1.9 Administration .1 The Municipal Manager, Town of Oliver Building Inspector(s), and such other officers, employees or agents designated from time to time by the Town Council to act in the place of the Manager and Inspectors, subject to applicable enactments, are authorized at all reasonable times to enter on any property that is subject to regulation under this Bylaw, to ascertain whether the regulations, prohibitions or requirements under this Bylaw are being observed. .2 A person shall not prevent or obstruct, or attempt to prevent or obstruct, a person, an officer or an employee authorised under section 1.9.1 from entering property to ascertain whether regulations, prohibitions or requirements of this Bylaw are being met or observed. .3 Each person who violates any of the provisions of this Bylaw commits an offence and is liable on summary conviction to a fine not exceeding $10,000.00 and the costs of prosecution. .4 Each day’s continuance of an offence under this bylaw constitutes a new and distinct offence. .5 If any section, subsection, sentence, clause or phrase of this Bylaw is, for any reason, held to be invalid by decision of any court of competent jurisdiction, the invalid portion must be severed and the decision that it is invalid will not affect the validity of the remaining portions of this Bylaw. 1.10 Severability If any section, subsection, sentence, clause or phrase of this bylaw is held to be invalid by a court of competent jurisdiction, that section, subsection, sentence, clause or phrase, as the case may be, shall be severed and the validity of the remaining portions of the bylaw shall not be affected. ITEM H - 1. Page 33 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 8 of 19 2.0 APPLICATION AND PERMIT ____________________________________________________________________________ ______________ 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. 2.1 Application Requirements .1 Authorisation (a) An application for a Manufactured Home Park Permit shall be made to the Municipal Manager in writing and on the appropriate form, and shall be: (i) made by the owner(s) of the subject property or by a person authorized by all property owner(s); (ii) if a numbered company holds the property, a corporate search shall accompany the application illustrating the company directors. The signatory on the application form shall be a company director; (iii) made on the appropriate form designated by the Municipal Manager; and (iv) accompanied by the appropriate application fee outlined in Section 3.0. .2 Proposal Summary (a) An outline of the development proposed, including demonstration of substantial compliance with the current zoning bylaw. .3 State of Title Certificate (a) 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 (b) a copy of all non-financial charges (i.e. covenants, easements and rights-of- way, etc.) registered on the subject property(s). .4 Site Plan (a) a site plan of the proposed development drawn to scale and showing dimensions, and include the following (as applicable): (i) north arrow and scale; (ii) dimensions and boundaries of property lines, rights-of-way, covenant areas and other easements; (iii) location and dimensions of existing and proposed structures and setbacks (including projections and overhangs) to parcel lines, rights-of-way, and easements; (iv) location of existing and proposed access roads, driveways, vehicle parking spaces, pathways, screening and fencing; (v) natural and finished grades of site, at buildings & retaining walls (indicate source of grade data); (vi) location of any physical or topographical constraints (e.g., watercourses, shorelines, ravines, wetlands, steep slopes, bedrock outcrops, etc.); ITEM H - 1. Page 34 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 9 of 19 (vii) location of all existing and proposed water lines, wells, septic fields, and sanitary sewer and storm drain facilities, including sizes; and (viii) proposed covenant areas (if any). .5 Development Plans (drawn to scale, in metric) (a) 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; (b) a project summary sheet outlining density and number of dwelling units, site coverage, heights, setbacks, and other relevant data; and (c) location and width of existing or proposed access(es) to the property, driveways, manoeuvring aisles and parking layout. .6 Site Surveys (a) 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. 2.2 Processing Procedure A Manufactured Home Park Permit application submitted in accordance with this bylaw will be processed as follows: .1 Upon receipt of an application accompanied by the required fees and attachments, staff will open a file and issue a fee receipt to the applicant. .2 Staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant. .3 Staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws and policies. Staff may conduct a site visit to view the property as part of the evaluation process. .4 Staff will refer the application to all applicable Town of Oliver departments, government ministries and agencies for comment. .5 The referral agencies’ comments will then be incorporated into a staff report to the Municipal Manager. .6 The staff report and draft Manufactured Home Park Permit will be provided to the Municipal Manager for review. .7 Where the Municipal Manager has delegated authority by the Town Council to approve a Manufactured Home Park Permit, and all relevant conditions have been satisfied (e.g. a letter of credit has been submitted for security), the Municipal Manager will endorse the Manufactured Home Park Permit subject to a period of “reconsideration” as outlined under the Town of Oliver’s Delegation of Council Authority Bylaw No. 1324, as amended. .8 Once the “reconsideration” period has lapsed or a waiver has been received, the permit becomes effective and a Notice of Permit will be signed and sealed by the Municipal Manager and registered against the title of the property(s) at the Land Title Office. ITEM H - 1. Page 35 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 10 of 19 .9 In those cases where a Manufactured Home Park Permit application approval has not been delegated, or includes a variance request, public notification may be required and the decision on the issuance of the Manufactured Home Park Permit is made by Town Council. A decision by the Town Council is considered final. .10 Staff shall administer any further conditions of the Manufactured Home Park Permit as specified within each individual permit as required. Staff may conduct inspections, on an as-required basis, to ensure that the terms of the Manufactured Home Park Permit are being satisfied. 2.3 Form of Permits .1 The Municipal Manager may designate the form of permits. 2.4 Form of Application Forms .1 The Municipal Manager may designate the form of application forms and in so doing may prescribe different forms for different categories of applications based on the nature or complexity of the application. 2.5 Change of Ownership .1 If there is a change of ownership of a parcel of land that is the subject of an Amendment Application or a Permit Application, the Town of Oliver will require an updated title certificate and written authorisation from the new owner prior to proceeding further with the application. 2.6 Lapse of Application .1 If staff determines that an application is incomplete, the applicant will be requested to provide the required information. If an applicant does not provide the required information within three (3) months of the request, the application and fee will be returned. .2 In the event that an application made pursuant to this bylaw is one (1) year old or older and has been inactive for a period of six (6) months the application will be deemed to be abandoned and will be closed. .3 Upon written request by the applicant prior to the lapse of the application, the Town Council may extend the deadline for a period of six (6) months by passing a resolution to that affect. .4 If applicable, a refund will be paid to the applicant in accordance with Section 3.0 of this bylaw for proposals that have been deemed to have lapsed. .5 In order for an application that has lapsed under sub-sections 2.6.1 or 2.6.2 to proceed, a new application (including fee), will be required. 2.7 Renewal .1 A Manufactured Home Park Permit which has expired before construction begins may be renewed for a period of 6 months from the date of expiry provided a request for renewal is made in writing within 30 days of the expiry date, and a renewal fee is paid in accordance with Section 3.0. A permit may only be renewed one time. ITEM H - 1. Page 36 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 11 of 19 2.8 Notice of Decision .1 Written notice of a decision shall be mailed or otherwise delivered to an applicant at the address provided on the application form within thirty (30) days immediately following the date of the decision. 2.9 Performance Security .1 Security required by permits shall be in the form of cash or an irrevocable letter of credit, effective for the term of the permit. Such irrevocable letter of credit shall be clean and unconditional, automatically renewing and redeemable at a local bank. .2 The amount of security may be calculated using: (a) such methodologies as the Municipal Manager may prescribe from time to time; or (b) an estimate or quote provided at an applicant’s expense by a professional qualified to undertake or supervise the works for which the securities are required. .3 Where security is a condition of a permit, (a) in the case of a condition in a permit respecting landscaping, the amount shall be 115% of the cost of the landscaping works, payable before the permit will be issued; (b) in the case of an unsafe condition that might result from a contravention of a permit condition, the amount of security shall reflect the nature of the permit condition, the nature of the unsafe condition, and the cost to the Town of Oliver of entering on the land, undertaking work to correct the unsafe condition, including the cost of repairing any damage to land and improvements that may have been caused by the unsafe condition or that may have occurred in connection with the repair work; and (c) in the case of damage to the natural environment that might result from a contravention of a permit condition, the amount shall reflect the nature of the permit condition, the nature of the damage, and the cost to the Town of Oliver of entering on the land, correcting the damage to the environment, and restoring or enhancing the natural environment to compensate for the damage that has been caused by the contravention of the permit condition. .4 In accordance with Section 925(4) of the Local Government Act, the amount of security required under Sections 3.7.3(b) or (c) shall be determined by the Municipal Manager using the following guidelines: (a) the amount of security may be calculated using such methodologies as the Municipal Manager may prescribe from time to time; or (b) an estimate or quote provided at the applicant’s expense by a professional qualified to undertake or supervise the works for which the securities are required. An estimate or quote under subsection (b) may be obtained by the applicant and submitted with the application. ITEM H - 1. Page 37 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 12 of 19 3.0 APPLICATION FEES ____________________________________________________________________________ ______________ 3.1 Application Fees .1 Each application submitted for a permit to expand an existing manufactured home park, to establish a new manufactured home park, or to reconsider a previously rejected application shall be accompanied by an application fee of two hundred and fifty dollars ($250.00) and twenty-five dollars ($25.00) for each proposed manufactured home space. .2 Each application for renewal of an expired Manufactured Home Park Permit shall be accompanied by an application fee of one hundred dollars ($100.00) for each manufactured home space. .3 Where a manufactured home park is developed in phases, each phase shall be treated as a new and separate application for the purpose of calculating the fees payable. .4 If an application is incomplete or withdrawn prior to formal assessment by staff, 80% of the application fee shall be refunded. ITEM H - 1. Page 38 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 13 of 19 4.0 REGULATIONS & STANDARDS ____________________________________________________________________________ ______________ 4.1 Manufactured Home Space .1 Each manufactured home space shall be clearly marked off by permanent, flush stakes, markers or other suitable means. .2 All manufactured home spaces shall: a) be drained to a storm sewer or other system constructed in accordance with accepted engineering practice and meet any applicable building code requirements; b) be clearly numbered; c) have a clearly discernible manufactured home pad constructed in accordance with the BC Building Code. 4.2 Manufactured Home .1 All manufactured homes shall meet or exceed the Canadian Standards Association Standard Z240, Z241 or A277, as the case may be. .2 All connections to services shall be in accordance with the BC Building Code and the BC Plumbing Code. .3 In manufactured homes located in a manufactured home park: a) the installation and maintenance of all oil burners and oil-burning equipment and appliances using inflammable liquids as fuel; b) the storage and disposal of inflammable liquids and oils; and c) the installation, maintenance, carriage, and use of compressed gas systems; shall be in accordance with the regulations of the Fire Services Act or the Gas Act, as the case may be. .4 No manufactured home shall be located elsewhere in a manufactured home park than in a manufactured home area on a manufactured home space that has been approved by the Building Inspector. .5 Notwithstanding subsection 4, no more than one unoccupied manufactured home for every 10 manufactured home spaces in a park may be located in a designated storage area. 4.3 Skirtings .1 Skirtings shall be installed within 60 days of installation of a manufactured home on a manufactured home space, and shall have two easily removable access panels of a minimum width of 1.2 metres. One panel shall provide direct access to the area enclosed by the skirting for inspection or servicing the service connections to the manufactured home, and the other providing access to the area enclosed by the skirting for storage. .2 Spaces shall be ventilated, as required pursuant to the BC Building Code. ITEM H - 1. Page 39 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 14 of 19 4.4 Recreation Areas .1 Not less than 5% of the gross site area of the manufactured home park shall be devoted to tenants’ recreational uses, and shall be provided in a convenient and accessible location. For the purpose of calculating recreational space requirements, any indoor recreational space provided shall be counted as double its actual area. .2 The recreation areas shall not include yard areas, parking areas, ancillary buildings, mobile home spaces, driveways and storage areas. .3 In manufactured home parks where more than 1,000 metres² of recreation space is required, two or more recreational areas may be provided. .4 Recreation areas in the manufactured home park, except indoor recreation facilities, shall be of a grass, concrete or asphaltic surface and shall be properly landscaped. .5 Swimming pools, if provided, shall be in accordance with the BC Building Code and shall be separated from the remainder of the manufactured home park by a fence not less than 1.5 metres in height and shall comply with all zone setbacks. 4.5 Buffer Strip .1 Every manufactured home park shall have immediately within all its boundaries, a buffer of a minimum of 4.5 metres in width within which the following are not permitted: a) required recreation or amenity areas; b) buildings or structures, except permitted signs and fences; c) garbage disposal areas; d) private sewage disposal system, other than the underground part of the system; e) vehicle parking area(s). .2 Except where a hazard has been identified by a suitably qualified individual (e.g. arborist), no plant material may be removed nor may any substance of which land is composed be deposited or removed from a buffer area except as part of an approved landscaping plan. .3 The only roads permitted in a buffer area are those which cross it as close to right angles as practical and connect directly with the road system contained within the remainder of the manufactured home park. No road shall traverse a buffer area and give direct access from a public highway to a manufactured home park. 4.6 Access .1 A second access from a public highway, excluding Okanagan Highway 97, separated by at least 60.0 metres from the first access, shall be provided to each manufactured home park containing 50 or more manufactured home spaces, up to a maximum of 3 accesses. ITEM H - 1. Page 40 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 15 of 19 4.7 Roadways and Walkways 1. All manufactured home spaces, owner's residential plot, storage areas, and service buildings as well as other facilities where access is required shall have access by internal street systems. 2. Minimum roadway width requirements shall be as follows: a) Roads shall have a minimum paved width of 7.0 metres and a right-of-way of 15.0 metres; b) One-way roads shall not exceed 150.0 metres in length; c) Dead-end cul-de-sacs shall not exceed 150.0 metres in length; and d) Dead-end roads and cul-de-sacs shall have a turning circle right-of-way at the dead-end with a radius of at least 15.0 metres. 3. Roads shall be adapted to the topography, and shall have suitable gradient for safety of traffic that shall not exceed a grade of 12%. 4. Minimum speed for road design shall be 30 km/h. 5. Pedestrian walkways shall provide safe, convenient, all season pedestrian access. They shall be of adequate width for intended use and shall be durable and convenient to maintain. 6. Pedestrian walkways shall be located in areas where pedestrian traffic is concentrated; e.g., the park entrance, park office, and other important facilities. Pedestrian walkways should preferably be through interior areas removed from the vicinity of streets. 7. Alignment and gradient of walkways shall be appropriate for safety, convenience, and appearance, and shall be suitable for use both by pedestrians and for the circulation of small wheeled vehicles such as baby carriages, service carts and wheelchairs. 8. Width of pedestrian walkways shall generally be at least 2.0 metres. 9. Individual walkways shall provide access to each manufactured home space from a street or parking space connected to the street. 4.8 Drainage .1 All manufactured home parks shall be provided with a storm water drainage system installed according to a design by an appropriately registered professional to contain runoff on site, or discharge it to a storm runoff system in accordance with relevant provincial guidelines. 4.9 Water Supply .1 The owner of the manufactured home park shall supply the Town of Oliver with proof of adequate water quantity and quality, as specified by Town of Oliver water standards and by the Ministry of Health requirements. .2 The community water distribution system design must be prepared under the direction of a design professional who has the appropriate experience and is ITEM H - 1. Page 41 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 16 of 19 registered with the Association of Professional Engineers and Geoscientists of British Columbia. .3 Waterworks systems shall be designed, fabricated and installed in accordance with good engineering practice and to the water standards as set by the Town of Oliver. .4 Potable water shall be distributed to: a) each manufactured home space; and b) standpipes or hydrants, if required. .5 The design and installation of the waterworks system shall be approved by the Town of Oliver. 4.10 Sewage Treatment and Disposal Systems .1 The owner of a manufactured home park shall provide for the disposal of all wastewater effluent that is generated within the manufactured home park by providing a community sewage system connected to all plumbing fixtures and sewage laterals in the manufactured home park. .2 The community sewer collection system design must be prepared under the direction of a design professional who has the appropriate experience and is registered with the Association of Professional Engineers and Geoscientists of British Columbia. .3 This community sewage system shall be designed, fabricated and installed in accordance with good engineering practice and to the sewer standards as set by the Town of Oliver. The design and installation of a private sewage system shall be subject to the approval of the Town of Oliver and the applicable provincial agency. .4 In each manufactured home space a lateral sewer terminus shall be gas-tight, protected from mechanical damage and protected from storm water infiltration. .5 For the purpose of determining pipe sizes, each manufactured home space shall be considered as having a hydraulic load according to requirements of the BC Plumbing Code. 4.11 Garbage Disposal .1 The owner of a manufactured home park shall dispose or arrange for disposal of garbage or refuse. .2 If the owner of a manufactured home park establishes one or more garbage disposal areas within the park for the collection of garbage and refuse, he shall: a) provide fly-tight metal containers in ample number; b) maintain the containers so that they shall not become foul-smelling, unsightly, or a breeding place for flies; c) screen the depot with shrubs, trees or fencing from adjacent manufactured home spaces. .3 If garbage is to be disposed of on the site, the methods and locations shall be in accordance with the Pollution Control Act. ITEM H - 1. Page 42 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 17 of 19 4.12 Fire Hydrants .1 Fire hydrants meeting the requirements of the Town of Oliver shall be installed and connected to the internal water supply of a manufactured home park such that no manufactured home space is beyond 120.0 metres from a fire hydrant, as measured along the internal and/or external roadway system. 4.13 Street Lighting .1 Street lighting shall be installed and maintained to adequately illuminate the traveled portion of the roadway at the following locations: a) the intersection of access roads and public highways; b) all internal intersections; c) the turning circle of cul-de-sacs; d) any point at which an internal roadway changes direction 30° or more; and e) pedestrian walkway entrances. ITEM H - 1. Page 43 of 155 Manufactured Home Park Regulations Bylaw No. 1327 Page 18 of 19 READ A FIRST, SECOND AND THIRD TIME on the 10th day of December, 2012. ADOPTED this __ day of ____, 2013. Mayor Corporate Officer ITEM H - 1. Page 44 of 155 SUMMARY OF AMENDMENTS ____________________________________________________________________________ ______________ Manufactured Home Park Bylaw No. 1327, 2012 Page 19 of 19 Bylaw No. Adopted Amendment Purpose IT E M H - 1 . Pa g e 4 5 o f 1 5 5 Pa g e 4 6 o f 1 5 5 Town of Oliver Zoning Amendment Bylaw 1330.02 | Page 1 TOWN OF OLIVER BYLAW 1330.02 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 Bylaw1330.02.” 2. Schedule B of Zoning Bylaw 1330 (Zoning Bylaw Map) is hereby amended by changing the zoning of Lot 1, Plan KAP91725, 2450s, S.D.Y.D., as shown in Schedule ‘X’ attached to this bylaw, from CS1 (Service Commercial One) to C3 (Town Center). 3. Schedule A of Zoning Bylaw 1330 (Zoning Bylaw Text) is hereby by amended, as follows: A) DELETE all imperial measurement references in the text of Zoning Bylaw 1330. B) AMEND Part 5, General Regulations, Carriage Homes section of Zoning Bylaw 1330, as follows: i. ADD to Section 5.18 (.4) after“…shall apply to all carriage homes.” the following: “, except when a carriage home is located on a second storey of an accessory building the maximum height envelope shall be 6.0m.” C) AMEND Part 6, Parking and Loading section of Zoning Bylaw 1330, as follows: i. ADD after sub-section 6.24 ‘For lots with buildings and structures’ a new sub- section, to read as follows: “6.25 Notwithstanding the parking requirements outlined in Part 6 – Parking and Loading, where the Province’s parking standards are higher, the Min- istry requirements would prevail.” D) AMEND Section 9.0 RS2 Zone – Single Family Residential of Zoning Bylaw 1330, as follows: i. REMOVE under Setback Requirements, Section 9.5 for the Principal Building “(.3) Side Yard 1.5 m” and REPLACE with the following: ii. REMOVE under Setback Requirements, Section 9.5 for Accessory Buildings “(.3) Side Yard 1.5 m” and REPLACE with the following: .3 Side Yard 1.2m ITEM H - 2. Page 47 of 155 Town of Oliver Zoning Amendment Bylaw 1330.02 | Page 2 iii. REMOVE in the Site Plan Graphic Illustration “1.5m min. side yard” and RE- PLACE with the following: “1.2m min. side yard” E) AMEND the Graphic Illustration for the CS1 Zone - Service Commercial of Zoning By- law 1330, as follows: i. REMOVE in the Height Illustration “Height envelope – 10.0m max.” and RE- PLACE with the following: “Height envelope – 10.5m max.” F) AMEND the Graphic Illustration for the M1 Zone - Industrial Transition of Zoning By- law 1330, as follows: i. REMOVE in Site Plan Graphic Illustration “20.0m min. width” and REPLACE with the following: “30.0m min. width” ii. REMOVE in Site Plan Graphic Illustration the “2.5m min. side yard” and RE- PLACE with the following: “3.5m min. side yard” G) AMEND Section 32.0 M2 Zone – Industrial of Zoning Bylaw 1330, as follows: i. AMEND Section 32.7 (Floor Area Ratio) to read as follows: Floor Area Ratio .7 deleted. H) AMEND the Graphic Illustration for the M2 Zone - Industrial Zone of Zoning Bylaw 1330: i. REMOVE in Site Plan Graphic Illustration “15.0m min. width”’ and REPLACE with the following: “30.0m min. width” ii. REMOVE in Site Plan Graphic Illustration the “2.5m min. side yard” and RE- PLACE with the following: “3.0m min. side yard” .3 Side Yard 1.2m ITEM H - 2. Page 48 of 155 Town of Oliver Zoning Amendment Bylaw 1330.02 | Page 3 iii. REMOVE in Site Plan Graphic Illustration “3.0m min. rear yard” and REPLACE with the following: “0.0m min. rear yard” Read a first and second time on December 10th, 2012. Public Hearing Waived on December 10th, 2012. Read a third time, as amended, on January 14, 2013. Approved pursuant to Section 52(3)(a) of the Transportation Act this 16th day of January, 2013. Adopted on ______________________, 2013. _____________________ ______________________ Mayor Corporate Officer ITEM H - 2. Page 49 of 155 SCHEDULE ‘X’ Amend Schedule ‘B’ of Zoning Bylaw 1330, 2012 for the Subject Property. FROM: CS1 Service Commercial TO: C3 Town Center ITEM H - 2. Page 50 of 155 TOWN OF OLIVER BYLAW 1330.03 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 Bylaw 1330.03.” 2. Zoning Bylaw 1330, is hereby amended by: (i) adding a new definition for “Manufactured Home Park” at Part 3 (Definitions) to read as follows: “Manufactured Home Park” means any parcel of land, upon which three or more manufactured homes or single detached dwellings are located on individual manufac- tured home sites that are occupied exclusively for residential purposes on a rental basis. Includes all buildings and structures used or intended to be used as part of such manu- factured home park; (ii) adding a new definition for “Manufactured Home Park Space” at Part 3 (Definitions) to read as follows: “Manufactured Home Park Space” means an area of land for the installation of one manufactured home with permissible additions and situated within a manufactured home park. (iii) deleting Section 11.0 (RSM ZONE – Manufactured Home Park). (iv) adding a new Section 11.0 (RSM ZONE – Manufactured Home Park) to read as fol- lows: Intent: The intent is to provide a zone for manufactured homes, and compatible accesso- ry uses, within a manufactured home park. Uses Permitted .1 The following uses and no other are permitted in the RSM Zone: .1 manufactured homes; ITEM H - 3. Page 51 of 155 Zoning Amendment Bylaw 1330.03 Page 2 .2 manufactured home park; .3 single family dwelling; .4 home occupation, minor; .5 commercial convenience establishment; and .6 accessory buildings or structures. Parcel Area .2 The minimum parcel sizes shall be: .1 2.0 ha for a manufactured home park; and .2 325 m2 for each manufactured home space. Parcel Width and Depth .3 The minimum parcel width is: .1 30.0 metres for a manufactured home park, within which: a) a minimum frontage of 12.0 metres shall be provided for each manufactured home space abutting an internal road; and b) a minimum frontage of 6.0 metres shall be provided for each manufactured home space abutting a cul-de-sac bulb. .4 The minimum parcel depth is: .1 30.0 metres for a manufactured home park. Manufactured Home Space Coverage .5 The maximum parcel coverage for a manufactured home space is: .1 45% Units per Hectare .6 The maximum parcel density is: .1 20 dwellings per hectare, within which a) one (1) manufactured home is permitted per manufactured home space; and b) one (1) secondary single family dwelling is permitted per manufactured home park. Height .7 The maximum building height is: .1 Principal building: 10.0 metres .2 Accessory buildings: 5.0 metres ITEM H - 3. Page 52 of 155 Zoning Amendment Bylaw 1330.03 Page 3 Setback Requirements: .8 For buildings and structures, the minimum setback from parcel lines are: .1 Front yard 4.5m .2 Rear yard 4.5m .3 Interior side yard 4.5m .4 Exterior side yard 4.5m .9 Within each manufactured home space (subject to Section 11.8), the minimum set- backs for buildings and structures from boundary lines are: .1 Front yard 3.0m .2 Rear yard 1.5m .3 Interior side yard 1.5m .4 Exterior side yard 3.0m .10 Within each manufactured home space (subject to Section 11.8), the minimum set- backs for accessory buildings and structures from boundary lines are: .1 Front yard 4.5m .2 Rear yard 1.0m .3 Interior side yard 1.0m .4 Exterior side yard 3.0m .11 No manufactured home shall be located within 6.0 metres of another manufactured home, or 1.0 metres of an accessory building or structure General Provisions: .12 All provisions in the Town of Oliver’s Manufactured Home Park Regulations Bylaw 1327, as amended from time to time that have not been specified in this particular by- law shall be met. ITEM H - 3. Page 53 of 155 Zoning Amendment Bylaw 1330.03 Page 4 Read a first and second time on the 13th day of November, 2012. Public hearing held on the 11th day of December, 2012. Read a third time on the 14th day of January, 2013. Approved pursuant to section 52(3)(a) of the Transportation Act this 16th day of January, 2013. Adopted on the ____ day of _____________, 2013. ______________________________ ______________________________ Mayor Corporate Officer ITEM H - 3. Page 54 of 155 ITEM I - 1. Page 55 of 155 ITEM I - 1. Page 56 of 155 ITEM I - 1. Page 57 of 155 ITEM I - 1. Page 58 of 155 ITEM I - 1. Page 59 of 155 ITEM I - 1. Page 60 of 155 ITEM I - 1. Page 61 of 155 IT E M I - 1 . Pa g e 6 2 o f 1 5 5 IT E M I - 1 . Pa g e 6 3 o f 1 5 5 IT E M I - 1 . Pa g e 6 4 o f 1 5 5 ITEM I - 1. Page 65 of 155 IT E M I - 1 . Pa g e 6 6 o f 1 5 5 IT E M I - 1 . Pa g e 6 7 o f 1 5 5 ITEM I - 1. Page 68 of 155 ITEM I - 2. Page 69 of 155 ITEM I - 2. Page 70 of 155 ITEM I - 2. Page 71 of 155 ITEM I - 2. Page 72 of 155 ITEM I - 2. Page 73 of 155 ITEM I - 2. Page 74 of 155 IT E M I - 2 . Pa g e 7 5 o f 1 5 5 IT E M I - 2 . Pa g e 7 6 o f 1 5 5 IT E M I - 2 . Pa g e 7 7 o f 1 5 5 IT E M I - 2 . Pa g e 7 8 o f 1 5 5 IT E M I - 2 . Pa g e 7 9 o f 1 5 5 IT E M I - 2 . Pa g e 8 0 o f 1 5 5 IT E M I - 2 . Pa g e 8 1 o f 1 5 5 ITEM I - 2. Page 82 of 155 ITEM I - 3. Page 83 of 155 ITEM I - 3. Page 84 of 155 ITEM I - 3. Page 85 of 155 ITEM I - 3. Page 86 of 155 ITEM I - 3. Page 87 of 155 IT E M I - 3 . Pa g e 8 8 o f 1 5 5 IT E M I - 3 . Pa g e 8 9 o f 1 5 5 ITEM I - 3. Page 90 of 155 ITEM J - 1. Page 91 of 155 ITEM J - 1. Page 92 of 155 ITEM J - 1. Page 93 of 155 ITEM J - 1. Page 94 of 155 ITEM J - 1. Page 95 of 155 ITEM J - 1. Page 96 of 155 ITEM J - 1. Page 97 of 155 ITEM J - 1. Page 98 of 155 ITEM J - 1. Page 99 of 155 ITEM J - 1. Page 100 of 155 ITEM J - 2. Page 101 of 155 ITEM J - 2. Page 102 of 155 ITEM J - 2. Page 103 of 155 ITEM J - 2. Page 104 of 155 ITEM J - 2. Page 105 of 155 ITEM J - 2. Page 106 of 155 ITEM J - 2. Page 107 of 155 ITEM J - 2. Page 108 of 155 ITEM J - 2. Page 109 of 155 ITEM J - 2. Page 110 of 155 ITEM J - 2. Page 111 of 155 ITEM J - 2. Page 112 of 155 ITEM J - 2. Page 113 of 155 ITEM J - 2. Page 114 of 155 ITEM J - 2. Page 115 of 155 ITEM J - 2. Page 116 of 155 ITEM J - 2. Page 117 of 155 ITEM J - 2. Page 118 of 155 ITEM J - 2. Page 119 of 155 ITEM J - 2. Page 120 of 155 ITEM J - 2. Page 121 of 155 ITEM J - 2. Page 122 of 155 ITEM J - 2. Page 123 of 155 ITEM J - 2. Page 124 of 155 ITEM J - 2. Page 125 of 155 ITEM J - 2. Page 126 of 155 ITEM J - 2. Page 127 of 155 ITEM J - 2. Page 128 of 155 ITEM J - 2. Page 129 of 155 ITEM J - 2. Page 130 of 155 ITEM J - 2. Page 131 of 155 ITEM J - 2. Page 132 of 155 ITEM J - 2. Page 133 of 155 ITEM J - 2. Page 134 of 155 ITEM J - 2. Page 135 of 155 ITEM J - 2. Page 136 of 155 ITEM J - 2. Page 137 of 155 ITEM J - 2. Page 138 of 155 ITEM J - 2. Page 139 of 155 ITEM J - 2. Page 140 of 155 ITEM J - 3. Page 141 of 155 ITEM J - 3. Page 142 of 155 ITEM J - 3. Page 143 of 155 ITEM J - 3. Page 144 of 155 ITEM J - 3. Page 145 of 155 Page 146 of 155 Town of Oliver STAFF REPORT Report to: Regular Open Meeting of Monday January 28, 2013 From: Cathy Cowan, Corporate Officer Date: January 24, 2013 Subject: Correspondence Report File: 530.01 This report provides background information in brief on correspondence included in the regular council agenda. Where appropriate, recommendations are presented for council’s consideration. 1. Council Action Requested: The following correspondence requests a response or action from council. a) E-mail dated January 17, 2013 from K. Cairns, Interior Health Authority re: Request to extend delegation time to 20 minutes. Options: (1) Council may wish to invite Lori Motluk, Interior Health’s Acute Area Director and Community Liaison, South Okanagan as a delegation to a February, 2013 Council Meeting and extend the time to 20 minutes. (2) Council may wish to invite Lori Motluk, Interior Health’s Acute Area Director and Community Liaison, South Okanagan as a delegation to a February, 2013 Council Meeting and maintain a 10-minute delegation time. (3) Council may wish to advise that an update is not required at this time and would like the update scheduled for later in the year. (4) Council may wish to receive and file. b) Letter dated January 16, 2013 from D. Ashton, RDOS Board Chair re: Letter of Understanding with Okanagan Similkameen Healthy Living Society (OSHLS) Options: (1) Council may wish to consider entering into a Letter of Understanding with the Okanagan Similkameen Healthy Living Society. (2) Council may wish to postpone entering into a Letter of Understanding with the Okanagan Similkameen Healthy Living Society and seek additional information on the funding support required. (2) Council may wish to receive and file. Note: This item is related to the Interior Health’s Healthy Communities Initiative Delegation that will be addressing Council at the January 28, 2013 meeting. ITEM K - 1. Page 147 of 155 ITEM K - 1. Page 148 of 155 ITEM K - 1. Page 149 of 155 ITEM K - 1. Page 150 of 155 ITEM K - 1. Page 151 of 155 ITEM K - 1. Page 152 of 155 ITEM K - 1. Page 153 of 155 ITEM K - 1. Page 154 of 155 ITEM K - 1. Page 155 of 155