REGIONAL DISTRICT OF NORTH OKANAGAN
ADVISORY PLANNING COMMISSION ELECTORAL AREA "F" MEETING Monday, November 19, 2018 Enderby Fire Hall 1500 Evergreen Street, Enderby, BC 7:00 p.m.
REGULAR AGENDA
A. CALL MEETING TO ORDER
B. APPROVAL OF AGENDA
1. Advisory Planning Commission Electoral Area “F” – November 19, 2018
RECOMMENDATION 1 That the Agenda of the November 19, 2018 Advisory Planning Commission Electoral Area “F" meeting be approved as presented.
C. ADOPTION OF MINUTES
1. Advisory Planning Commission Electoral Area “F” – October 15, 2018
RECOMMENDATION 2 Page 3 - 5 That the minutes of the October 15, 2018 Advisory Planning Commission Electoral Area “F” meeting be adopted as circulated.
D. DELEGATIONS
E. UNFINISHED BUSINESS
Page 1 of 41
Advisory Planning Commission "F" Meeting Agenda November 19, 2018
F. NEW BUSINESS
1. Liquor Licence Referral Application Mabel Lake Golf & Country Club c/o HAY, A. [File No. 18-0714-F-LIQ] 3445 Enderby Mabel Lake Road, Electoral Area "F" • Letter to Advisory Planning Commission dated November 7, 2018 • Application Package • Staff report dated October 11, 2018
FOR DISCUSSION
Page 6 - 21
2. Floodplain Exemption Request Rivers End Estates Ltd. c/o PAYNE, B. [File No. 18-0781-F-DP] 8192 Highway 97A, Electoral Area "F" • Letter to Advisory Planning Commission dated November 13, 2018 • Application Package • Staff report dated November 6, 2018
FOR DISCUSSION
Page 22 - 41
G. BUSINESS ARISING FROM DELEGATIONS
H. REPORTS
I. ADJOURNMENT
Page 2 of 41 Advisory Planning Commission – Electoral Area “F”
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a REGULAR meeting of the ELECTORAL AREA “F” ADVISORY PLANNING COMMISSION of the REGIONAL DISTRICT OF NORTH OKANAGAN held at the Enderby Fire Hall on October 15, 2018.
Members: K. Gray Chair D. Fennell Vice Chair B. Honeyman T. Couch
Also Present: Director H. Halvorson Electoral Area “F” Alt, Director D. Delisle Electoral Area “F”
Media and Public
* Darren and Vicky Moggy
CALL MEETING TO ORDER
The meeting was called to order at 6:56 p.m.
APPROVAL OF AGENDA
Moved by Dale Fennell and Seconded by Todd Couch as there were no late items “That the Agenda of the October 15, 2018 Advisory Planning Commission Electoral Area “F” meeting be approved as presented.” CARRIED
ADOPTION OF MINUTES
Moved by Todd Couch and Seconded by Dale Fennell “That the minutes of June 18, 2018 Advisory Planning Commission Electoral Area “F” meeting be adopted as circulated.” CARRIED
NEW BUSINESS
1. Development Variance Permit Application / Floodplain Exemption Request MOGGY, D. & V. {File No. 18-0463-F-DVP} 15 Coell-Jones Road, Electoral Area “F”
Moved by Todd Couch and Seconded by Bob Honeyman “That they accept Planning Department Recommendation that upon consideration of input from adjacent land owners, a Development Variance Permit be issued for the property legally described as Parcel AA (DD 127841F and Plan B6064) Sec 8, Twp 20, R8, W6M, KDYD and located at 15 Coell-Jones Road, Electoral Area “F” to allow a variance to Section 801.9.b of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by reducing the front yard
Page 1 of 3
Page 3 of 41 Advisory Planning Commission – Electoral Area “F”
Advisory Planning Commission “F” - 2 - October 15, 2018
setback of a single family dwelling from 7.5 m to 2.34 m subject to the dimensions and siting of the single family dwelling being in accordance with the site plan, floor plan and building elevations attached to the Planning Department report dated September 27, 2018; and further,
That issuance of the Development Variance Permit be withheld until the wood shed associated with the property legally described as Parcel AA (DD 127841F and Plan B6064) Sec 8, Twp 20, R8, W6M, KDYD and located at 15 Coell-Jones Road which encroaches on to the adjacent property to the west, has been removed; and further,
That an exemption to Section 1701.3.b.i. of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 be approved for the property legally described as Parcel AA (DD 127841F and Plan B6064) Sec 8, Twp 20, R8, W6M, KDYD and located at 15 Coell-Jones Road, Electoral Area “F” to permit the Shuswap River flood plan setback to be reduced from 30 m to 7.7 m for a single family dwelling subject to Section 219 Covenant being registered on the title of the subject property which states that the proposed single family dwelling must be setback no less than 7.7 m from the natural boundary of the Shuswap River as shown on the site plan attached to the Planning Department report dated September 27, 2018 and the underside of the floor system or the top of any pad supporting any space or room that is used for dwelling purposed must not be an elevation less than 352.4 m and which indemnifies the Regional district from any damages that may be caused by flooding.”
DISCUSSION
● Mr. and Mrs. Moggy have plans to move to 15 Coell-Jones eventually and he admits he had done some things illegally but they are now in complance with NORD. They need to take the wood shed down. He has a tractor and some wood in there but Mrs. Moggy says it will come down. Dick Bartell from Armstrong is designing his septic system and Dan Watterson he is the geologist for the soil samples etc. and he is just waiting on this information. There was a double wide and a home on the property originally. They have now taken down the house after putting a lot of money into that home and have moved the double wide so that it is incompliance with the setbacks. Originally it had been purchased with Mrs. Moggy’s sister but now that the other house is gone they want to put the addition on and use it as a family property. ● Todd Couch nice to see the work going into the property and that the wood shed will come down and they will be in compliance with NORD. Does not see why they wouldn’t support this. ● Dale Fennell asked if the mobile home was in bad shape? Mrs. Moggy said the previous owner had used it as a rental. Dale questioned if it was still on site. They replied it was and that it had been moved back as it had encroached the road allowance by 10”. Dale questioned if the drawings would be a second home? It was explained it would be an addition to the mobile home. He also asked about the wood shed and was told by Mr. Moggy that he would put the tractor into the garage after the addition was built. Dale said there is a concern with the wood shed being on the rail trail. He just wants to get it straight that this wood shed will not be an issue and it will be gone. Both Mr. and Mrs. Moggy confirmed it will be taken down. Dale says just to clarify that the record shows you have not been too cooperative with the requirements of the regional district. That you also proceeded with work even though there was a stop order for this site. ● Keith Gray says the size and shape of the lot are a real problem here and it really should not have been allowed. This should be an example of a need to be more careful in subdivisions in the future. This is an old subdivision. Asked if they were having someone doing the septic and would they have all of the certifications. The mobile home what height is it at? Will it be above the flood plain? It was confirmed by the Moggy’s that they do and the mobile home is. Keith noted that The Planning Department has bent over backwards to accommodate them. He has no issues with this application.
Page 2 of 3
Page 4 of 41 Advisory Planning Commission – Electoral Area “F”
Advisory Planning Commission “F” - 3 - October 15, 2018
● Herman Halvorson also wanted to pass on to the Moggy’s that the Planning Commission was very happy with them that they are now working with them to be in compliance and no longer be working against them.
CARRIED
2. Bylaw 2799 – Zoning Text Amendment Cannabis Production, Retail Sales and Consumption [File No. 18-0619-B-TA]
DISCUSSION
● APC members have read the letter to the Advisory Planning Commission dated September 21, 2018 and the Staff report dated August 23, 2018.
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:24 p.m.
CERTIFIED CORRECT
Chair Recording Secretary Keith Gray Monica Nahm
Page 3 of 3
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omwomvmF0 82 DE o_._.u_.EB.E 62 m.=u_K30 pzm_s:.m : : 08-08-'18 14:11 FROM- Mabel Lake Golf 250-838-0821 T-056 P0001/0007 F-130 APPLICATION FOR A PERMANENT Liquor Conll'OI on<1 Uoo11Slng Branch /Q ~th Floor, 33SO OOtl{)lllS $~ Votf0(13, BC vaw \lJ .,_\ L c.\<..{ (~o\ f J: Cc;c,.."~r ~ C\ v.b . ~stablishment name (as shown c;m licence):! {"\£..be\ L .....\..t. Grc>\& ck Coi.-.,.. \tj <:'...\"" k 1 ~~~~i ~~~de;~ss I 3t.j YS r'\'""t:.~ \ L~k R~4..} II \Shl<.r b~ II €:,. C.. (ws 'hewn on llC1100>): Sita.;! Cily ProVlnce PO$f81 Coc!e ~~~~~!~~~s!;, I '34 ~ 5 Vv'\&..b~ l t"\£.<. RQ<~~l · II £M\d\:>~ I[ ~' c_ Il.__\J"._l)_€_- \_Vb__, oo to 11113 a Bvsln e~u-man:I ~~r'\BLc:i1.A.<" Contact Name: I LCd.JI{" s ~ "'- / J< 'I? f\ lritle/Position: I (.'.') ~ (H.. c- ras1 /(1111 1mld(J!e <----':;._;::~'---'------' Not~: AA ;ulhorlzod ~l!jnln!J authon~ or a llcens&e C811 appo1111a~P"l$~nt~Uv910 lntollKt wilh tho brooch on their behalf by complettng 11>m1 LCLB101 At!tJ, Chang~ QI nemo~ i..r.;.,n~ Rep~ntauv~ Contact Person The applicant authorize$ the person below to be the primary contact for the duration of the application process only. Name:! f\ ~ \., \ -<.v.... ~\ c,,"\ j Phone number: I ~so .. sl.{o - 3 o :i.1 . I ' - E-mail address:j (;.. s\,,.\ < l..~. '1-<-tb:t @~~\(\'\"'~\ .. c. a. I ~--F~ «~,~-~ ---·-1 Type of Change Requested Please check (&:I) appropriate box{es) below end provide licence numbers affected foreact request~ijn~~~- complele more than one change section on this form. An incomplete application will be held for a maximun of thirty 3 ays.l s · 1 mplete ~fter the thirty (30) day period, the application may be terminated. See Part 12 for the approval proq ss for the change you have request~ d. Type or change requested Licence 1 umbers affected JobNumbir (Iii ~dalgl¥~ • /Office Use ( nly) 0 1. EstablishmenVbuslness or licence name ehan9e (p.2) I I (C2-LIC) (SUI>) 0 2. Food-primary entertainment endo~~rnent (p.2) I I (C2-LIC) (sub) 0 3. Request for change In terms and conditions/request for discretion (p.2) I (Ca·LIC) (sub) 0 4. Live theatres requesting liquor service (p. 2) I (CHIC) (~ub) 9,. [YJ'5. Change to hours of liquor service (p.3) '300 s~LJ J (Ca.LIC) (sub).z..t ,_-. b J 0 6. Catering endorsement (p.4) I (CHIC} (~ub) D 7. Temporary off-site sale endorsement (p.4) I (C2-LIC) (sub) Applying for other permanent cha"ges to your licence? • To apply for alterations or additions to a licensed establishment (structural changes), use an Application for a Structural Change. For liquor Primaiy and Liquor Primary Club, use form LCLB012A: for Food Primary, use LCLB012B; for Manufacturer and Winery Endorsements, use LCLB013; for Wine Store and Llcensee Retail Store, use LCLB012C. • To apply to have a third party operator opercite your licensed establishment, use the Appl/cal/on to Add or Change a Licensee's Third Party Operator (LCLB026) • To apply for a change to the shareholders, directors, licensee name or to add a receiver or executor, use the Application fot a Permanent Change to a Licensee (LCLB005A). LIQUOR AN;:,CANNABts REGuunon BRANCH 1·, tL J ~ l[ 'lfllf1r'J RECEIVED 1 ll!1illJ LCLBOOSB (Last updal.id 14 July 2017) 1017 AppVCll onforP~~ol ~r lq,.'tr~a 11 AUG 0 B 2018 l(. LJ. u. INSPlC l IONS Dl PI . VICTORIA ac Page 7 of 41 Advisory Planning Commission – Electoral Area “F” Ut!-08.-''18 14:11 FROM- Mabe l Lake Golf 450-.838-0821 T-056 P0002/00Q7 F-130 Part 1: Establishment. or Business· Nam.e Change.and/or Licence Name Change [ C2 . LICJ. To be-completed when th e. licensee wishes to ohange the name or an est<1bllshment or bus1ness an\f/or licence. Note: ·lf.a name change results In a change.in exterior signs, the signs are subject to brl'!nch approv~ I . . . Fee: $220 pet lieen·ce x.D licences=.$ J Ei;tablts~ment or business name change: .___ _ _. Current esta.btishme.nt or business n Licence name changes: Licence#:,_j ______. Current licence name: Proposed licence name: "------~~-~-,...-~...... ,,...... ~~...,...... ~-----i Licence#:._!____ _.' I current'lic:etice name::======! Proposed licence name: Attach the following: D Sketch or picture or the p(oj)o~ed estab.llshment or bustoe~s slgnage. Also complete Parts 6 and 9 Part 2, Entertainment .Endorsement (Food. Prlm~ry tl~~nses only) . Accor.ding to the Wpe·Qf entertainment being applleg for, complete below and af!ach require.d documents: Patron parli~ipation en~~~a!nrl\8nt. e ndorsement (e.9., dance floot): Note: Patron participation ~nlertalnment must end by midnight, Fee: $~30 per ltcenpe x D licen~es .. $ I... _~__, 0 Submit~ letter of intent descrlblng, In deteiil, the .form of ll LIQUOR AN.> CAllNABIS.RfGULATIOll BRANCH RECEIVEn · ~C~BOOOS9 2or7 AUG .0 .8 2018 VICTO!llA fJC Page 8 of 41 Advisory Planning Commission – Electoral Area “F” w-w-- I 0 I q.: I I l"KUIYI- 1v1abe I Lake l:io It T~056 P0003/0007 F-130 Part.S; Change jo Hours of Liquor Service I03 . • LJC I Licensees mf!y apply to revise hows of liquor set.vice, subject to ~ny restfiC!ions.wlthin th~ Uquot Control-am;J Licensing Act; Regt,Jlalions, branch polides·and/or original terms and condiiions.oflicensing, · ~heck-(ltl)~ .appropriate:change, and provide the reque:;;ted Information and docum~·nts: F~·ary · ~ ~ ~quest to change hours ~f lfquor servlcE!b~tween 9ar-Q - mii:lnlghl Feo: $220 per licenc;G.x OJ licences ~$~ ~7 ·•!X)mplete _proposed hours·of liquor ser:vice table below. - · 0 .Request to extend hours of llquoi' service between ·midnight - 4a(Tl Fee: $330.per li.cence )( D licences= s I • complete proposed hours of liquor ser"Yice table below ____. • If reques1ing to extend hours outside of 9am • 4am, afsQ compl~t~ Part 3 • request a local government ~esolu1ion - 19~1 government must complete Part 11 of this form. B) li~·Primary. manuracturer lounge or special event area l}'.J" ·Request to ch Complete tile tables belo~, lndlcatf ng.curre_nt a1_1d proposed hOu~s: of llquqi: safes: our rent Hours of Llauor Service: ' ...... '• Monda.~ Tuesday Wednesday: T~ ursday .Friday Saturdpy Sunday Open @;] [ lo.WJ)·/ 1· (0~-~] I lo~~I I.ID ~Ml ~ I 1ot...1Y1j Closed ·1 (AM [&d ~ · l:i~ ~ .l.t I 11 '4~ 1 1~~~1. . Cl::].. . . Pro ~_;$t$0H fll 1au or.. seiv ice: . . -· .. Monday Tuesday Wednesday Thursday Friday sarur(!ay S~.nday - Open b~rv-J ~ · ~ ~ I q£{""I I cit-M. I. ~ Clo.$ed ~ (id ~ ra:J ~ lbJ ~ Not~;, Wt)en relocating a Food-Primary establlshrnent: An endorsement for hours of liquor seivice a.tter mi<;lnighf canno.t transfe(· location without local · governme·nt1Flrs~ Nations oomment ~rid LCLB. ~pprova l. Use. this .form to reapply for U1e endorsement but do not .pay the apP.lica.lion fee(s). Ara you submitting an application to transfer the locatroo of a Fpod.Primary-lif~ence With this appllcat!on? 0 Yes ~o Also complete: Parts 8 and 9 llQ!JOR AIW:i\NllAOJS HEG ULATIOM Bfi4NC1i RECEIVE;"O AUG 0 8 -2018 LCLBOOOSB· ·3c11 VICTORIA BC Page 9 of 41 Advisory Planning Commission – Electoral Area “F” 08-08-' l 8 14:11 FROM- Mabel Lake Go'lf 250-838-0821 T-056 P0004/00Q7 F-130 Part 6. Request fol' Cate~lng Endorsement (Food Primary and Llqu9r Primary licences only) F9od p~imary itncl liquor primary licensees (excluding liquor primary club ·licensees) may ~PP.lt(cir a calering endilrse111ent if lli~y wish to be·li censed to transport an~ sell liquor at catered ev~nts where . t~ey ~ve been hired to P.ro11lde food secvlce. The catered events must be hosted Hy olher paopl~ and must take pfac~;routside the ·red.fined area' (the area where nquor ls sold, seiyed and ~nsu .ll'!~d) and gener'111y away from the:establishme nt, The catererl')'.lust be present" r.qr t~e duratron of.a ca~red event Licences with a catering · endo~ement are subject to an annual licensing f~e of $100 ln C)ddi.tfon to the annual renewal fees. D J Fee: $S30 per licence:x rtcence$:: $ _ To qualify for an en'dorserilent the applicant·mu st· dei\lonslrate at lhe .time of inspecUon: · -----!· • Qatering service is.focus~d on i.he prep!lralion and servTn9 oHood. · • The.applicant-has the personnel and ihftaslructure neee~aty to prepare and _serve ftx?d at events hosted by others. This Includes a requirement to have.a fu,11 ..cornmetcial kttchen at the applicant's existing licensed esta~lishment. NQte: If a licence ls approved with a catering endorsement, ·th~ licensee inu~t notify LCLB of ~ 11..catere~ events (excep.t In private residences) using OneStop (WM.Y bobus!he$SfJ:gJ:i~), Some events may require approval from LCLB before the.catered event can take pla~ . Furthet inforrm~ tion about how to notify"LCLB will be provided l;)y your local liquor JnspeciQr when they compf~lf:l theit'final Inspection. LCLB will review your appllcation:and rr approve~ y.91.1 will tie required 19 .arrange. a final inepe.ollon. If the liquor inspector is·not satisfied wi!tJ ycur"J(itchen eqlilpm~nt, food selection, advertising·and staffing, you may be required to m?k~ ·c11ang~~ arirJ s<;hedvla a.second (2nd) "lnspecUo.n to confinn you meet the. requirements of a:Catering endcr~e me.nt A fee of$200 will be charged.if a second (2Q"} lnspectro·n is required. · AJ.so cornptete Pa.rts 8 and 9 Part. 7. lemporary Off-Site .Saie Endorsement (Licensee.Retall Store~ Wlnt;1-St9re licences·only) Licensee retail-store (LRS) licen·see~ a.ncl wine store (WS) li ~nsees r.nay apply fQr a:temporary off~sit~ sale endorsement tl;l p'$rmit the s.ale (!(packaged liQuor In conjuncUon with a Special Event Permit (SEP) event that has a focus ori food and/or beverage.tasting (e.g'., a. wine festival). A iemporary ·off-site ~~ore cart only op~ra.te during the fes.livaf days.and houl'S bot li(luor safes cannot take place l>efore 9am or att~r 11 pm. Tile i.Rs:or ws lieensee must have an agreement with the SE.P ncensee and eonfim¥ with ·me SEP licensee· t11at Local Govemment /Fltst Nations permits ~he sale of'packag~ c1· 11quot proQucts for off.:site consumption at the SEP event Wine store l!cen~ees can only sell Iha range of-products permitted by their store licence, IN- _f>_ Fe_e...,1 Note: If a· l~ce nce is approveq with a temporary off-site sale endors~ment, the li cense~ must noUfY. L(;;LB for eac~ temporary·off-site store .they \VIII be operating by. submitting .a con:ipl~!e Temporary off.site Sale Authorization rarm .(LCLB091) by Jax oremail 14 calendar days prior IQ the SEP event.A copy of LCLl3091 form can be found on our website. An event specifi~ auttiOrizalion w!H be issued. Also complete Paris 6 and 9. Part 8: Dectaratlon Seo.ti~n 57(1 )(c) of the Liquor Cont(ol a(ld.Licensing Act. $tales;· •A persoh commits an offence If the person (c) provides faf~e or. rrilsl~ading . lnformallon Tn the rollowlng e!roumstances: (i) .when making an application referrei;f to In section 12; (ii) when making a report or when required and as specified by the 9.eneral manager under s~ction 59•, As the licensee or auihoriZed signatory of the liee.nsee, I understand and !ilffirm that all of the information provided 'is true and complete . .Signature;, ___ ~-:::::.011il1oryo_,,...... _..,... y1_ ._/_____ -----..,__..=------ tlhou~on•co I Date: I 6B/o.$h~B I (D~y!Monfflc;r) Nole~-Ail 09•~~ bl'()'~ ' 'l!"tll!Jd P"rW 9f"11111Clf ~Y ml f!fill tho docl"'~~Oll oo'boMM of uio l1coit•9e, Th~ tOfni ~hovtdba.&lgn~d 111 ;:n lllllfll'.dual.V.lln Ills a~lhor.ty lo Dinil 111.i.app!lc.lnt Tile !irar.cti1~lit1~ on 1/1& li~~ua lo ,;n~ura lh;.1U1& indMduot.v1ho ~i(llls llli~ !01111 i::. a"1l10f!Ze.<1.10 clQ ~9: 'fypceaflY, an approp6a!e fn dif.d"'11v.'.11 ba 3~ tolr01.s: • If lhe ~OC!l<•O b :;in lndlvi<1~~1.pr.;ol11 pr()flllelor, 11101n<111i ilan >lUlllo~d $ipnatciy tills ~ompli:tM.U1<:,Add~ Cll~~ifl." or R.i:mcv&,_LJ~r1,Se! Ropte$eot•/iv~ tofm {LCl& 10 I) "r.i! they h"ove •F!' LIQUOR AH:,RCAENNAers REGULATION BllAllCH . CEIVEO AUG-ri 8 2018 l~BQ058 Appliµion ro P<1n"1r.•n l .C:~d tq Li<\U0r4ctnce VICTORIA ec Page 10 of 41 Advisory Planning Commission – Electoral Area “F” 08-08-'.18 14:11 FROM- Mabel Lake· Golf T-056' "P.bOQ5/0007 F-130 Part~: ApplJeatlqn Fees Total Fee Submi.tted:-$ I....______, e~~~~~~~~~~~!~~~~~~~~~~~~~~-~~~~~~.~~~~~~~~~n~]~,~~~~~,~~~!~~~~~~~i~~:~~n!~~~~~~~i~!~!~,] Payment Isby (clJecl< (la) one): ()Cheque, payable to Minister of Finance (if cheque Is returned as non-sufficient runds, a $30 fee will be th~rged) 0 Money order, payable to Minister- of Finance QCredit card: 0 VISA ~a$terCard 0 AMEX 01 am submitting my applicallon by emt Qf your reque$t. Your local 9overnment1Firs~ N~tlon may decide "that it does notwisl1 to provid·e comment on your .change request If they Indicate on the form that they ~>Pl oul of providing cotn~ent, submit your application to LCLB. .£NNABIS llEGUIATION 8'" - , R CEIVED -NCH . AUG 0 B2018 VICTOR/A SC I ~ LCLBOOSB 5ot7 .- ·~ ·-·-: ~- . ,._. ---.------~ .....- ...- ""--. ·--=-'· ~.. -..- . Page 11 of 41 Advisory Planning Commission – Electoral Area “F” 08:-08-"' 18 14:1.2 FROM- Mabel Lake Golf -250-83~:-0821 T-056 P0009/00Q7 F-130 Part 11: Local ·Government/First ~~tfon CQnfir_matlon of Recelpl of Appllcatlon This applf~tion saJVf'!S as notice from the Liquor Control and Licensing Branch (LCLB) th~t an app~cation for 'one or more oft~e fOllowing changes to a_liquor licence has been m~de witl'!ln your community; • Hours of liquor servi~. past o:iicfnlght for-a food primary trceni:e. • Cnange to hovrs .of liquor $er:vfce for a liquor prifnary,.liquor ptimary club, r1Hmuractur~r lounge or special Jivent endorsement • Addition ·of patron participa.Uon ente rt ~inment endors~ment for a food primary licence • • c~~nge to _event driven t~rm an~ condition. ' S!gnaturo of Ofllololo ~ 1m;ceII£1[ o/JEJ]) Check here if LG/FN wi~nt: 0Yes, o'p\ing out of comment Not&: The LG/FN i;annol p.rovide·comment for their own application. SEP 1O 2018 R.D.N 0 . Is tllis ~(ab lfshment on Tr~aty· First Natl~n land? OYes 0No lNSPECfl ONS DLP r. lnstructloo& for Lo·cal Govo·rnment/Flrst-Nation (LG/FN) The Branch requests that you consider. ihls ap'pli~Uon (application form arid floor plan) end provicf.e the Branch with ii resolt!!ion witbfn 90 days of the above received date, Altema!ively, LG/FN can ~elegate $laffwith the authonty to provide comment. • The appllcant wnf bring' their completed aP,pli~tion fi:Jrm to lG/Ff'!. If ~ere ar.e any·major ls~~e;S (e.g. bylaws). LG/FN may hold off signing the-appficatlon until tha Issues ~·re r~solved or th·ey nave a plan to.deal wlth the issues. • Wtien LG/FN ls opmforta~le with tt;e . apptl_c~tian prpceeding, l.G/FN staff will .sign above and return·it to the applica·nt. LG/FN will ke~p a c::opy of the signed applacation form and all supporting documents. • The.applicant will subl'nit the signed applicatlon package (wilh'. all requlred doi;ument$) to the Branch, • a~nch staff ana LG/FN staff will advise each other if there are any. concern$ with the proposed appficauon. To provide a resolllti~ri or comment: • Gather public input' for tlie oommunity in the iml'f'!ediafe vicinity of ttie _ pr~poseo enclorsemenl service area(s). • ConsicJ.er these factors wh[ch must be. taken Into account when providing_resorulio~/c omrnen1: • The location· of the establislimenl. • 111e p0.rson capacay and nours of liqupr service ot the·establishment • Provide· a resolution/comment with comments on: • The lmpaCt of nots~ on ne~rby resldents. • The Impact on the community lfthe application is approved. • If ttie application Is ·to ~rnend a Food Primary licen.ce, wnether the amendment will reiJvll In the .!Jervice area being ~per:ated Jo amatter that ii>.contra(y to primary purp,cise • The view of'resldents and a <,lescription of the method. used-to-gather vl~ws . • The L!3/FN recommendafiori$ (lncludlng whether or r.iot the application ·be· approved) and.th e reasons on which they 1;1re. b~sed. · • Provide ~my reports !h llOUOI? AN:.lRCANNABIS·REGUl.JiJJON lll!ANCH ECEJVEO 6'0l7 ror Permaninl Ch VICTORIA SC Page 12 of 41 Advisory Planning Commission – Electoral Area “F” 08-08-' 18 14:12 'FROM- Mabel Lake Golf 250-838-0821 T-05B P0007/0.007 F-130 P~rt 12: Application and Approval Pro.cess..,. What happ·en.s next? For the follow.iilSJ change requests (all "02); .• Part 1 EstabDshment or licence Name· Change • Part 2 F.ood-Prlm~ry Entertlillnment Er:idp~sement (requires local,g"overnment/Flrst Nations res~ru.lion). • Part 8 Temporary Off~site Sale Endors~enl The proces.s is: . 1, Ap,plk:antwill complele'lhe appropriate seciioo °qfihis·fonn and Parts 8.and 9, and-att~C)l all required dopuments. 2. Applicant ri11Jst subfl'.lil a comprete app{lcalfon package and fee· to· the Liquor Control and licensing Branch. 3. LiqµorOontrof and Llcens'il)g Branch (!-CLB) staff wiil rei/feW the application packag,¢ for compJsteoess and Will advise the .appllcant of any lnformation/documentali9ri req!.llred befQ~e the appficafion can be processed. If a complete appllcialion is nol received within 3.0 dsys of notificaUon; ·your application Will be terminate·d and you will have to re-apply and pay the application fees. · 4. LOLB staffwiiladvis·e· the applicant ana1he lfqu_or inspe~torwhen the; ~ppllcation is approved. for thei),following change requests: • Part3 Change to l'erms-and Conditions and Request of Discretion (all CZ) • P~rt 4.Live theatres requesting liquor 'Servi~ {all C2) • Part.5 Ch;irgG t9H.ours of Sale (may requke 'iocal gov•irnme·nt/First Natio(ls. re!l~lulion) (all ¢3) The process Is: · 1. A'pplicant will complete the approprl<)le section .of thl.s form ~nd Parts 9 and 1O, and allach all required docume!hls. 2. Applfoant niust suoniit a complete. ~ppli~tlon package and 'fe~ to the Liquor.Controi and Licensing Branch. ·3_ Liquor C9hlfol and U~_nsh:ig Eira11ch (L~LB) staff will review the application packag_e for col'nplet~ness·and will advise·the ~pplic.ant of any ·information/documentation re'qulred bE!fore .t.h~ <;ipplicalion carr b.e. processed. tr a complete application Is not received Within ·30-da)'s of notification, your applicatfon wfll.be terminated and you·will liave to re~oipply a'tld pay lhe applicat!on tees. 4. LOLB staff may request yol.lr local liquor inspector to pfoVide commen~~ regarC!irtg youq1pplication. 5: LCLB slaff wilt E,it;lvise-the applicant and tile liquor.inspector when the ?PPlicatron Js· approved. For the fcillQWing changt;i request; • Part 6 Catering Endotse1t1ent (a)I G1) ihe process Is: 1. Apptlcant will cOITJplete th~ °'ppropriate section of.this fonn -and Parts·9 and 10, and attach a!( required documents. 2. ~ppllca~t must l?U~mit a complet~ app!icatron pac~age and.fee to the Liquor Control ~nd l,.icenslng Stanch. 3. Liquor Control and licensing Branch (LCLB) staff Will review the applicatlon.package for complstEHl9$S and will acJvlse the applicant of·arJ)' inrormauon/doc~meritalion 'l'e'quire~ tie for~ the application can be processed. If a c·omplete application.is- not: received wltllfn'·30 days. of notificaliqn, your appHcatfon will be terminated and you wlll have to re-apply ·-.ind pay 01.e application fee~. 4. If the ·application requiremen~ h~v~ be.en mel. tile appliaiot will be asked to contact the ln~mector for an lriteiview/~n.a l fn sp~ction. E!efore contacting the. inspector for the interview/final inspection, the applicant must have. t.he inspeotor'interview ~~ ' Note; The applicant must cpntact the. local area inspector to arra·nge for a final lnspectiQn by the 'date noted:o.n th~ Jetter- (30 days· from .the date on the letter). If the inspector is,nol contacted to arrange for a final Inspection or for an extended time, the applicalton will be terminateq. · · -6. At your fi'nal inspectio·n, th~ in_spector will ver.lfy thi.it·your business location meets the re~ulremen~s for a cateripQ· licen~ by reviewing the food·selec!ion; lhe kitchen equipment, advertisirig and sta,ffing i' esourc~s. lfthe Inspector is not.satisfied you business location meets the requirements of·a c~\ering llcence·you may.be asked to makes changes and schedule a seconc;I (211<1} inspec.tloo t~ confirm you meet·the requirements of a c:atering tlc~noo. Af~e $200 will be ·charged lf..a se1=ond (2n Liquor ContrQI If you !')ave any questions, contact !JS. loll-tree at 866-209-2111 or erTiall us-.at rut '111.tlillW~OOISQl!,Q~L~ information: www,c;iov.ho OAniq11ouP.9uiatitio.andlicenslri_9 The lniOllllaCoo. 11.~ueslE~ on~\1$ rum1 I~ a:llcded. by I"? .LIC)llQf Conltol ~n lCl900~6 7 of7 Page 13 of 41 Advisory Planning Commission – Electoral Area “F” PLANNING DEPARTMENT INFORMATION REPORT LIQUOR LICENCE REFERRAL APPLICATION DATE: October 11, 2018 FILE NO.: 18-0714-F-LIQ APPLICANT: Mabel Lake Golf & Country Club c/o A. Hay LEGAL DESCRIPTION: The Westerly 25 Chain of the SE ¼ of Sec 14 Except Thereout and Therefrom the land covered by the waters of Lusk Lake at the time of the survey of said lake; Twp 19, Range 6, W of the 6th meridian KDYD except Plans 5441, 26593, KAP57802, KAP70797 and KAP72765 P.I.D.#: 013-860-780 CIVIC ADDRESS: 3445 Enderby Mabel Lake Road PROPERTY SIZE: 32.87 ha (69.49 acres) ZONING: Mabel Lake Golf and Country Club Comprehensive Development Zone (CD.3) / Non-Urban (N.U) / Small Holdings (S.H) O.C.P. DESIGNATION: Comprehensive Resort Development / Agricultural / Small Holdings / Residential PROPOSAL: To amend a Liquor Primary Licence by extending the hours of operation from 10:00 am to 2:00 am to 9:00 am to 2:00 am, Monday through Sunday PLANNING DEPARTMENT RECOMMENDATIONS That the Board of Directors opt out of gathering public input and providing comment on the application to amend the Liquor Primary Licence of Mabel Lake Golf & Country Club on the property legally described as The Westerly 25 Chain of the SE ¼ of Sec 14 Except Thereout and Therefrom the land covered by the waters of Lusk Lake at the time of the survey of said lake; Twp 19, Range 6, W of the 6th meridian KDYD except Plans 5441, 26593, KAP57802, KAP70797 and KAP72765 and located at 3445 Enderby Mabel Lake Road, Electoral Area “F” by extending the hours of operation from the hours of 10:00 am to 2:00 am to the hours of 9:00 am to 2:00 am Monday through Sunday. Page 14 of 41 Advisory Planning Commission – Electoral Area “F” Liquor License Referral 18-0714-F-LIQ (Mabel Lake Golf & Country Club c/o A. Hay) Page 2 BACKGROUND: Mabel Lake Golf & Country Club is located at 3445 Enderby Mabel Lake Road. The Club has applied to the Liquor and Cannabis Regulation Branch for a change to the hours of operation for their Liquor Primary Licence. Mabel Lake Golf & Country Club’s current Liquor Primary Licence allows service of alcohol between the hours of 10:00 am and 2:00 am, Monday through Sunday in the clubhouse and on the golf course. The requested change to the licence would allow patrons to be served between the hours of 9:00 am and 2:00 am, Monday through Sunday. Site Context and Proposal The subject property is located at 3445 Enderby Mabel Lake Road. The property contains a 9- hole golf course and a clubhouse which includes a restaurant. The following orthophoto of the subject and surrounding properties was taken in 2013. The owners have applied to the Liquor and Cannabis Regulation Branch (LCRB) to change to the hours of operation of their Liquor Primary Licence. Mabel Lake Golf & Country Club currently has a Liquor Primary Licence which includes the clubhouse and golf course and also has a Food Primary Licence for the restaurant which is licenced from 9:00 am and 12:00 am, Monday through Sunday. Mabel Lake Golf & Country Club’s Food Primary Licence is not proposed to be altered by this application. Page 15 of 41 Advisory Planning Commission – Electoral Area “F” Liquor License Referral 18-0714-F-LIQ (Mabel Lake Golf & Country Club c/o A. Hay) Page 3 Mabel Lake Golf & Country Club’s Liquor Primary Licence currently allows the service of any kind of alcohol, between the hours of 10:00 am and 2:00 am, Monday through Sunday in the clubhouse and on the golf course including cart service. The hours of operation for the golf course varies with the season, but opens as early as 6:30 am during peak season and operates until dark. The clubhouse restaurant also varies with the season, but in peak times opens as early as 8:00 am and stays open as late as 1:00 am. Mabel Lake Golf & Country Club’s Liquor Primary Licence permits two beverage carts and has a capacity of 56 persons. The capacity and number of carts is not proposed to change with this application. The intent of the application is to be able to serve patrons an hour earlier than the Liquor Primary Licence currently allows during a time when they are already open for regular business. The requested change to the licence would allow patrons to be served between the hours of 9:00 am and 2:00 am, Monday through Sunday. The change in hours would also match the opening hour of the restaurant’s Food Primary Licence which is licenced from 9:00 am and 12:00 am, Monday through Sunday. The subject property is designated Comprehensive Resort Development and Non-Urban in the Electoral Area “F” Official Community Plan and is zoned Comprehensive Development Zone (CD.3) and Non-Urban (N.U). The property is not in the ALR. The attached maps show the OCP land use designation and zoning of the subject and surrounding properties. LIQUOR AND CANNABIS REGULATION BRANCH: The Liquor and Cannabis Regulation Branch (LCRB) require that this application be forwarded to the Board of Directors for consideration. Under LCRB Policy which came into effect on January 23, 2017, the Board can provide a resolution or comment to the LCRB or it can opt out of providing comments. To provide a resolution or comment, the Board is required to gather public input. If the Board is not prepared or not or does not wish to gather public input or provide a resolution or comment, the Board must opt out. The LCRB will only be able to consider a Local Government resolution or comment if the Local Government has also conducted public input. This is to ensure that the comments are informed by the public input received. If the Board wishes to provide a resolution or comments on this application, the Board must consider the location of the establishment and the person capacity and hours of liquor service of the establishment. The Board must include the following in their resolution or comments: • the potential impact of noise on nearby residents; • the potential impact on the community; • the views of the residents and a description of the method used to gather views; and • a recommendation on whether or not the application should be approved and the reasons on which they are based. ZONING BYLAW: The subject property is zoned Mabel Lake Golf and Country Club Comprehensive Development Zone (CD.3), Non-Urban (N.U) and Small Holding (S.H) in the Zoning Bylaw. The portion of the property used for the golf and country club is zoned CD.3. Page 16 of 41 Advisory Planning Commission – Electoral Area “F” Liquor License Referral 18-0714-F-LIQ (Mabel Lake Golf & Country Club c/o A. Hay) Page 4 The uses permitted in the CD.3 Zone include one 9 hole golf course which may include ancillary golfing uses such as a driving range, putting area, washroom buildings, maintenance buildings, airstrip buildings, walking trails and passive recreation uses, golf clubhouse building with ancillary uses such as retail shops, offices, licensed facilities, restaurants, personal services establishments and maintenance facilities, one temporary office building, 106 residential lots with a single family dwelling or RV unit or park model RV unit, one single family dwelling for the owner, operator or employee of the golf course and accessory residential buildings. REGIONAL DISTRICT POLICIES: Regional District Policy No. GR-006 applies to this application. The Policy states that the Regional District will not process a Liquor Licence referral until a complete referral has been received and a fee has been paid. A referral must contain a floor plan, site plan and building elevations. The applicant has submitted the required fee and has indicated that the proposal will not require a change to the existing floor plan, site plan or exterior appearance. The Policy further states that the Regional Board may call a Public Hearing to solicit input from adjacent property owners and the general public. The Policy also states that the Board may require that the applicant retain a qualified independent contractor, at the applicant’s expense, to conduct a door-to-door survey to record the views and concerns of both owners and occupiers of land within a 400 m radius. Where the Board deems a public hearing or a door-to-door survey is not warranted, the Board may resolve to opt out on providing comment and allow the Liquor Licensing Branch to consider the views of residents through means available to the Branch. ELECTORAL AREA “F” OFFICIAL COMMUNITY PLAN: The Official Community Plan (OCP) designates the land use of the subject property as Comprehensive Resort Development, Agricultural, Small Holdings and Residential. The portion of the property used for the golf and country club is designated Comprehensive Resort Development. There are no OCP policies that relate directly to this proposal, although they do support Comprehensive Resort Developments to include golf courses, fishing resorts, watercraft rentals, trails appropriate to pedestrians, equestrians, hikers, cyclists, and skiers, tennis courts, swimming pools, fitness facilities, health spas, and other recreational and leisure oriented amenities and services. PLANNING ANALYSIS: The Regional District policy specifies that where the Board deems a public hearing or a door-to- door survey is not warranted, the Board may resolve to opt out on providing comment and allow the Liquor Licensing Branch to consider the views of residents through means available to the Branch. The Planning Department recommends that the Board opt out of gathering public input and providing comment on the application to change the hours of operation for the Liquor Primary Licence of Mabel Lake Golf & Country Club by amending the hours of operation from 10:00 am and 2:00 am, Monday through Sunday to 9:00 am and 2:00 am, Monday through Sunday as: • the potential for noise would likely not increase beyond current levels; • the golf course is already open for business during the requested hours of operation; • the restaurant’s Food Primary Licence already permits consumption of alcohol during the requested hours of operation albeit with a focus on food; Page 17 of 41 Advisory Planning Commission – Electoral Area “F” Page 18 of 41 Advisory Planning Commission – Electoral Area “F” SUBJECT PROPERTY MAP File: 18-0714-F-LIQ Owner/Applicant: Mabel Lake Golf & Country Club c/o A. Hay Location: 3445 Enderby Mabel Lake Rd Page 19 of 41 Advisory Planning Commission – Electoral Area “F” SUBJECT PROPERTY MAP OFFICIAL COMMUNITY PLAN File: 18-0714-F-LIQ Owner/Applicant: Mabel Lake Golf & Country Club c/o A. Hay Location: 3445 Enderby Mabel Lake Rd Page 20 of 41 Advisory Planning Commission – Electoral Area “F” SUBJECT PROPERTY MAP ZONING File: 18-0714-F-LIQ Owner/Applicant: Mabel Lake Golf & Country Club c/o A. Hay Location: 3445 Enderby Mabel Lake Rd Page 21 of 41 Advisory Planning Commission – Electoral Area “F” REGIONAL DISTRICT NORTH OKANAGAN MEMBER MUNICIPALITIES: ELECTORAL AREAS: CITY OF ARMSTRONG VILLAGE OF LUMBY "B" - SWAN LAKE "E" - CHERRYVILLE CITY OF ENDERBY CITY OF VERNON ·c· - BX DISTR ICT "F" - ENDERBY (RURAL) DISTRICT OF COLDSTREAM TOWNSHIP OF SPALLUMCHEEN "D" - LUMBY (RURAL) OFFICE OF : PLANNING DEPARTMENT OUR FILE No.: 18-0781-F-DP PIDNo.: 01 1-559-284 November 13, 2018 [X] Director Delisle [X] Advisory Planning Commission, Area "F" Re: Floodplain Exemption Request for the property legally described as Lot 2, Sect 20, R8, W6M, KDYD, Plan 1471, Except Plans 28790 and H809 and located at 8192 Highway 97A, Electoral Area "F" We enclose a copy of the above application for review and comments from the Advisory Planning Commission. The Commission is requested to review the application at their earliest convenience and advise Jennifer Miles at this office of any concerns they may have with respect to the proposed development. Also enclosed is the Information Report, wh ich contains the Planning Department recommendation concerning the application. The application will be considered by the Board of Directors at their meeting to be held on Wednesday, December 12, 2018 at 4:00 p.m. Sincerely, ~~ Ashley Bevan Executive Assistant /ab Enc. Regional District of North Okanagan Toll Free: 1-855-650-3700 9848 Aberdeen Road Phone: 250.550.3700 Coldstream, BC Fax: 250.550.3701 V18 2K9 Web: www.rdno.ca E-Mail: [email protected] Page 22 of 41 Advisory Planning Commission – Electoral Area “F” Jennifer A Miles f \OJdolCt .10 8 From: Boyd Payne (!_ e~u.1-0 +- Sent: Saturday, September 22, 2018 7:19 AM To: Jennifer A Miles Cc: Subject: RE: Cantilever on Floo p am et ac at REEL Attachments: REEL Application for Cantilevered Decks LS9-27 - Sep 22 2018 - 8-00 AM.pdf Hi Jennifer, Attached please find the following; • A letter from REEL requesting a setback change to allow cantilevered decks on lots LS 9 - LS 27 • A letter from David Gibson of MMM Group indicating that cantilevered decks are safe in this application • A copy of a REEL resolution approving cantilevered decks on lots LS 9 - LS 27 (One of our directors is travelling in eastern Canada and could not be reached for signing but 80% is sufficient to pass the resolution) If this is all in order, I will make arrangements for a $700 cheque to be delivered to RDNO. Please let me know if you need anything else for this application. Regards, Boyd Payne From: Jennifer A Miles Hi Boyd, As requested, please see attached the letter from MMM Group Limited provided for the previous application. Please let me know if you need anything else. Regards, Jennifer A. Miles, MCIP, RPP Planner Regional District of North Okanagan 9848 Aberdeen Road Coldstream, B.C. V1 B 2K9 Ph: 250-550-3746 Fax: 250-550-3701 [email protected] - www.rdno.ca From: Boyd Payne Sent: Monday, September 10, 2018 4:48 PM To: Jennifer A Miles Jennifer, 1 Page 23 of 41 Advisory Planning Commission – Electoral Area “F” You may not recognize the sender of this email, my name is Boyd Payne, and I am the current President of REEL. I have been discussing the issue of getting the homes on the spit in compliance with respect to cantilevered decks with Cam Bos. Cam mentioned that you showed him an MMM Group report that was done to support the Covenant changes to allow for cantilevered decks on the RS lots. I am in Ca lgary right now and will struggle to access this report. Could you please email me a copy so that I ca n see what is required? Thank you in adva nce for your assistance in this matter. Regard s, Boyd Payne REEL Sent from Mail for Windows 10 2 Page 24 of 41 Advisory Planning Commission – Electoral Area “F” Box 1, 8192 Highway 97A Mara, BC VOE 2KO September 14, 2018 Jennifer Miles Regional District of North Okanagan Re: Crystal Sands/Rivers End Estates Ltd Application to Extend cantilevered decks approval granted for lots RSl-16 to lndude lots LS9·17 Dear Mrs. Miles Rivers End Estates Ltd. Is hereby making application to RDNO to extend the reduction of the Zoning Bylaw Setback requirements granted for above grade cantilevered decks attached to seasonal cabins located on Sites RS-1 to RS-16 (as specified in the September 15, 2014 document RDNO file number 14· 0028-F-DP I 14-0029-F-DVP) be extended to include lots LS - 9 to LS - 27. It should be noted that REEL is applying for the same setback in order to simplify the application. REEL's Architectural Guidelines only allow 1.2 meters cantilevered decks on the road side of lots LS- 9 to LS - 27. If it is a simple matter to specify 1.2 meters for LS- 9 to LS- ·27 please modify the approval accordingly. Included please find a letter from David Gibson of MMM Group stating that this application of cantilevered decks will be safe and a REEL Directors Resolution approving this application. The fee of $700 will be paid to RDNO upon receipt of notice that all is in order with this application. Best regards, .~~~ Boyd Payne President River's End Estates Crystal Sands Resort Page 25 of 41 Advisory Planning Commission – Electoral Area “F” '''11 2018-09-13 Public Regional Dislrict of North Olcanagan 9848 Aberdeen Road Coldstteam, BC Vl82K9 Attention: Planning and Building Department Subject: RiYer's End Estates (Crystal Sands) Flood Plain Setback Relating to Sites LS-9 to LS-27 Dear Madam/Sir: We arc writing at the request of River•s End Estates regarding future cabins on Sites l.S-9 to l.S- 27 at this development We undersrand that it is likely that owners of the l.S-9 to l.S-27 sites may construct cabins in the future. It is also our understanding that while the foundatio, and walls of the cabin sttucture will be beyond the floodplain setback, some of the owners may "fish to consttuct second floor decks that arc above the required flood elevation but will project into the floodplain area. Provided that their second Ooor decks have adequate sttuctural support that is attached to the cabins (ie: the cabins do not have foundations within the floodplain setback), this will result in a condition that can be safely used for thc intended use. We ttust this is as you requi.Ie. ,. -:: ... Page 26 of 41 Advisory Planning Commission – Electoral Area “F” DIREaQRS RESOLUTION gf RIVERS END ESTATES l1D. (the "Campany'" RESQlVEO THAT: The Company Is making application to RDNO to extend the reduction ofthe Zoning Bylaw Setbacll requirements granted for above grade cantilevered decks attached to seasonal cabins located on Sites Rs.1 to RS-16 spedfled In the September 15, 2014 document RDNO file number 14-0028+DP / 1~ 0029-f.DVP be extended to lndude lots lS-9 to lS - 27. REEL's Architectural Guidelines spedfy that 1.2 meters Is tha maximum allowed for cantllevered decks for these lots. Effective Date: September 14, 2018 Coralie Freadrkh Jacll DeWlt Bob Monteith Patrfdc Guldlnser Page 27 of 41 Advisory Planning Commission – Electoral Area “F” DIRECTORS ~VTION Qf RIVERS END ESYAm '-TP· (the "Company": RESOLVED Tf:IAT_: The Company is making application to RONO to extend the reduction of the Zoning Bylaw Setback requirements granted for above grade cantilevered decks attached to seasonal cabins located on So:u RS· 1 to RS-16 specified in the September lS. 2014 document RONO file number 14-0028-F-OP / 14- 0029-F·DVP be extended to include lots LS-9 to LS - 27. REEL's Architectural Guideline-s ~fy that 1.2 meters is the maximum allowed for cantilevered decks for the-se lots. Effective Date: September 14, 2018 Coralie Freadrich ------Bob Monteith ----- · ··- Patrick Guidinger Page 28 of 41 Advisory Planning Commission – Electoral Area “F” SUBJECT PROPERTY MAP File: 18-0781-F-DP Owner/Applicant: River’s End Estates Ltd. c/o Boyd Payne Location: 8192 Highway 97A Page 29 of 41 Advisory Planning Commission – Electoral Area “F” MARA LAKE LECAL OESCIOPTlON LOT 2 SEC. 22 1ll1' 20 RAN~ 8 W::ST ~ 6th M K.D.Y.O. 0.1 metre CONTOUR INTERVAL ELEV A110NS FROM CCM !13«7 "rM~~A TABl..!:T MARtt•C 79C321 ELE\I • 350.572 ~ ""'D 'l"'?'C" PC •y c::::::::J ___,,,,_ •o&a- IP• ~ c=J •...... a:..« ,..,. .• "'t'D ~ MARA LAKE ...... __,._,_...... ,,_.., ____ ,._ /.M!!~-- LOT A PLAN 18171 ~"'*"'-IOEal.I:" •• '"'" (.u') r...a -.nc .c ..,._ !Ji j-It --...· -- ·~------.--- ~£"'""'-. ~-=---.....~· SHU SWAP " " ~ ~~~..:C.:uc RIVER Page 30 of 41 --·_,,_.,.....,.lllO --•v.-...... 90 --l'llCllWI' ...... , --~~I.It«---~ - ---- ~ ...... oi: UIC - .,_.. llfO ~·--~ · --l:Nll_,, SHU SWAP ~----·~~lCllCllt!MOC....---:--..... __ ===:::=-~UllE -~...Clll..-MPI RIVER .ol--..N =~~--=- t I_,,, ...... --...n a I.....,,. - l"RM:CT ltT'..E:. 11 ...... •!...... ,., Rt~R'S END ESTAlES •I-.-. ' I -.i-;m MARA, 8.C. ll,.,.... END 2Ju....,,.., ...... Rl~R'S -mu: ...... -- I ESTATES LTD...... , Sf "E PLAN -..-.,. "°""' ~~-~· CftAIH~ I JOoo~~~-ST'lilOI CIU•O~ ,._,,... ~.. """""' MMMGROUP.iA'-'- ococm_,... l"f: ~.. 3490 - 03 10 Advisory Planning Commission – Electoral Area “F” Regional District of North Okanagan Property Information Report Folio: 789.01760.000 Nov 9, 2018 11:10:29 AM Site Address: 8192 HIGHWAY 97A 1of1Page: Legal: LOT 2, SECTION 22, RANGE 8, KAMLOOPS DIV OF YALE, PLAN KAP1471, TOWNSHIP 20, MERIDIAN 6 MERIDIAN W6, EXCEPT PLAN 28790 H809. PID: 011-559-284 BCAA Parcel Size: 42.55 ACRES Additional Parcel Information: Value Description LOT SIZE (HA.) 17.22 O.C.P. DESIGNATION 1 (HA.) C 14.11 O.C.P. DESIGNATION 2 (HA.) CR 3.11 O.C.P. DESIGNATION 3 (HA.) DPA NULL ZONING DESIGNATION 1 (HA.) C5 14.11 ZONING DESIGNATION 2 (HA.) CR 3.11 ** IT IS RECOMMENDED that a Title Search be done to verify the existence of Easements and Statutory Right-of-Ways. PUBLIC ADVICE: The Regional District of North Okanagan assumes no responsibility for the accuracy of the above information which has been compiled from several sources. These original sources should be checked to verifiy this information. Under the Freedom of Information and Protection of Privacy Act this report is available for public distribution. Page 31 of 41 Advisory Planning Commission – Electoral Area “F” PLANNING DEPARTMENT INFORMATION REPORT FLOODPLAIN EXEMPTION REQUEST DATE: November 6, 2018 FILE NO.: 18-0781-F-DP APPLICANT: Rivers End Estates Ltd. c/o Boyd Payne LEGAL DESCRIPTION: Lot 2, Sec 22, Twp 20, R8, W6M, KDYD, Plan 1471 Except Plans 28790 and H809 P.I.D.#: 011-559-284 CIVIC ADDRESS: 8192 Highway 97A PROPERTY SIZE: 17.22 ha (42.55 acres) SERVICING: Onsite community water and sewer systems ZONING: Recreation Commercial (C.5) / Country Residential (C.R) O.C.P. DESIGNATION: Commercial PROPOSAL: Permit seasonal cabins on sites LS9 to LS27 to have cantilevered decks which project into the Shuswap River floodplain setback area PROPOSED EXEMPTION: Reduce the Shuswap River floodplain setback for cantilevered decks attached to seasonal cabins PLANNING DEPARTMENT RECOMMENDATION: That an exemption to Section 1701.3.b.i of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 be approved for the property legally described as Lot 2, Sec 22, Twp 20, R8, W6M, KDYD, Plan 1471 Except Plans 28790 and H809 and located at 8192 Highway 97A, Electoral Area “F” to permit the Shuswap River floodplain setback to be reduced from 30 m to 28.8 m for cantilevered decks that would be located above the required flood construction level and be attached to seasonal cabins located on sites LS9 to LS27 as shown on the site plan attached as Schedule ‘A’ to the Planning Department Report dated November 6, 2018. BACKGROUND: This report relates to a Shuswap River floodplain setback exemption request for the property located at 8192 Highway 97A, Electoral Area “F”. The property contains seasonal use cabins and a recreational vehicle campground (known as Crystal Sands Resort). Page 32 of 41 Advisory Planning Commission – Electoral Area “F” Floodplain Exemption Request File No. 18-0781-F-DP (Rivers End Estates Ltd. c/o Boyd Payne) Page 2 The applicant has requested an exemption to the Shuswap River floodplain setback to permit seasonal cabins on sites LS9 to LS27 to have cantilevered decks located above the required flood construction level which project into the Shuswap River floodplain setback area. Development History A Development Permit was issued in 2003 to permit the development of a recreational vehicle campground/cabin resort on the subject property. In 2014, a Development Permit with Variances was issued to resolve outstanding issues associated with the resort and in order to allow changes to the regulations associated with the height of cabins, the size of decks, size of sheds and the height of one existing sunroom wall. A floodplain exemption request was also approved in 2014 to allow the Shuswap River floodplain setback to be reduced from 30 m to 26.34 m for above grade cantilevered decks attached to seasonal cabins located on sites RS1 to RS16. Covenants A floodplain covenant (LB61642) was registered on the title of the subject property in 2007. The covenant requires that the habitation and storage of goods or equipment which can be damaged by floodwaters be setback at least 15 m from the natural boundary of Mara Lake and 30 m of the natural boundary of the Shuswap River. The covenant also requires a floodplain elevation of 351.1 m and saves harmless the Regional District from all losses or damages due to flooding. Site Context and Proposal The subject property is adjacent to Highway 97A, Mara Lake and the Shuswap River. The property slopes downwards from Hwy 97A but is generally flat overall. Access to the subject property is gained from a driveway that connects to Highway 97A. The property contains an established campground with 110 cabin and RV sites, a recreation building, manager’s residence, sewerage treatment facility building, pump house building and storage building. The property is serviced with a private on-site community water and sewer systems. The applicant has requested a floodplain exemption be approved to allow the Shuswap River floodplain setback to be reduced from 30 m to 28.8 m for cantilevered decks that would be located above the required flood construction level and be attached to seasonal cabins located on sites LS9 to LS 27. Sites LS9 to LS 27 are located on the geographical land spit between Mara Lake and the Shuswap River on the property. The applicant has indicated they wish to permit cantilevered decks on the Shuswap River side of seasonal cabins located on these sites with a maximum width of 1.2 m to project into the floodplain setback area. The subject property is zoned Recreation Commercial (C.5) and Country Residential (C.R) and is designated as Commercial in the Electoral Area “F” Official Community Plan. The attached maps show the zoning and Official Community Plan land use designations of the subject and surrounding properties. Page 33 of 41 Advisory Planning Commission – Electoral Area “F” Floodplain Exemption Request File No. 18-0781-F-DP (Rivers End Estates Ltd. c/o Boyd Payne) Page 3 The following orthophoto of the subject and surrounding properties was taken in 2013: ZONING BYLAW: Sites LS9 to LS 27 are located on the portion of the subject property which is zoned Recreation Commercial (C.5). Uses in the C.5 zone include but are not limited to seasonal use and temporary accommodation use including campgrounds, cabins, hotels, motels and one dwelling unit for the owner, operator or employee of the principal and permitted use. Floodplain Management Provisions Section 1701.3.a of the Zoning Bylaw states that the portion of a building or structure to be used as a carport, garage or entrance foyer is exempted from Flood Construction Level provisions. Section 1701.3.a.i of the Zoning Bylaw states that the underside of a floor system or the top of any pad supporting any space or room that is used for dwelling purposes must be 351.1 m for land adjacent to the Shuswap River and Mara Lake. Section 1701.3.b of the Zoning Bylaw states that the Floodplain Setback from the Natural Boundary of the Shuswap River is 30.0 m and 15.0 m from the Natural Boundary of Mara Lake. Section 524(7) of the Local Government Act states that a local government may grant an exemption from a floodplain setback requirement provided that the exemption is consistent with the Provincial Guidelines or the local government has received a report from a professional engineer or geoscientist, or other prescribed person, to certify that the property can be used safely for the use intended. Page 34 of 41 Advisory Planning Commission – Electoral Area “F” Floodplain Exemption Request File No. 18-0781-F-DP (Rivers End Estates Ltd. c/o Boyd Payne) Page 4 Section 524(8) of the Act states that the granting of an exemption may be made subject to the terms and conditions that the local government considers necessary or advisable, and can require that a person enter into a Section 219 covenant. The Provincial guidelines recommend that should a written request for a floodplain exemption be submitted, local governments require that a Professional Engineer or Geoscientist, or other prescribed person certify that the property can be safely used for the intended use. Additionally, it is recommended that the property owner voluntarily register as a priority over other charges a Covenant that identifies flood proofing measures and saves harmless the local government. OFFICIAL COMMUNITY PLAN: The subject property is designated in the Electoral Area “F” Official Community Plan as Commercial. The property is also designated as being within a Development Permit Area for Commercial Form and Character, Protection of the Development from Hazardous Conditions due to it being within the floodplain area of the Shuswap River and for the Protection of the Natural Environment due to its proximity to Shuswap River. A Commercial Form and Character Development Permit for the subject property was issued in 2014. The current application is consistent with the existing Development Permit and the applicant has indicated that the proposal is consistent with their internal architectural style guidelines. As such, no further conditions will be required in this regard. The OCP states that developments are exempt from the requirement to obtain a Development Permit for the Protection of the Development from Hazardous (Floodplain) Conditions if a Section 219 Covenant is registered on the title of the subject property to provide that no building or structure be constructed, reconstructed, moved, extended or located within a designated Floodplain Setback and Flood Construction Level and indemnifies the Regional District from any losses or damages caused by flooding. Covenant LB61642 registered on the title of the subject properties restricts habitation or storage of goods or equipment which can be damaged by floodwaters to being setback at least 15 m of the natural boundary of Mara Lake and 30 m of the natural boundary of the Shuswap River. The covenant also requires a floodplain elevation of 351.1 m GCS datum and saves harmless the Regional District and Province from all losses or damages due to flooding. This covenant satisfies the OCP Floodplain DPA exemption policies and no further conditions will be required in this regard. The OCP states that developments are exempt from the requirement to obtain a Development Permit for the Protection of the Natural Environment if an assessment report is filed with the Ministry of Environment (or the Ministry having jurisdiction) demonstrating that the proposed development meets the requirement of the Riparian Areas Regulation. An environmental protection covenant (KK3016) was registered on the title of the subject property in 1996 which predates the Riparian Areas Regulation. A modification covenant (CA3940183) to this covenant was registered in 2014. This covenant satisfies the OCP Protection of the Natural Environmental DPA exemption policies and no further conditions will be required in this regard. Page 35 of 41 Advisory Planning Commission – Electoral Area “F” Floodplain Exemption Request File No. 18-0781-F-DP (Rivers End Estates Ltd. c/o Boyd Payne) Page 5 PLANNING ANALYSIS: This report relates to a Shuswap River floodplain setback exemption request for the property located at 8192 Highway 97A, Electoral Area “F”. The applicant has requested an exemption to the Shuswap River floodplain setback to permit seasonal cabins on sites LS9 to LS27 to have cantilevered decks located above the required flood construction level which project into the Shuswap River floodplain setback area by a maximum of 1.2 m. The cabins will still be required to setback and elevation requirements established by covenant and previous approvals. The Planning Department recommends that the Shuswap River floodplain setback exemption request be given favourable consideration for the following reasons: 1. the applicant has submitted a letter from David Gibson, P. Eng of WSP stating that “Provided that their second floor decks have adequate structural support that is attached to the cabins (ie: the cabins do not have foundations within the floodplain setback), this will result in a condition that can be safely used for the intended use”; 2. the proposal is consistent with the Provincial Floodplain Guidelines; 3. the request is consistent with the previous Shuswap River floodplain setback exemption approved by the Board for the subject property in 2014. In addition to the above and in accordance with the recommendation of the Provincial Floodplain Guidelines, a Section 219 Restrictive Covenant is registered on the title of the subject property which saves harmless the Regional District and Province from any losses or damages that may be caused due to flooding. Staff also note that the floodplain elevation requirement and setback of the structure of the cabins will still meet Zoning Bylaw requirements, only the cantilevered portion of the deck on the cabin will be able to project into the Floodplain setback area. This means that any support structure for the decks must not be located in the floodplain. SUMMARY: This report relates to a Shuswap River floodplain setback exemption request for the property located at 8192 Highway 97A, Electoral Area “F”. The property contains seasonal use cabins and a recreational vehicle campground. The applicant has requested a floodplain exemption to permit seasonal cabins on sites LS9 to LS 27 to have cantilevered decks located above the required flood construction level which project into the Shuswap River floodplain setback area. The Planning Department recommends that the applicant’s request receive favourable consideration as an engineer has certified it would be safe to use the cantilevered decks for the intended use and the proposal is consistent with Provincial Floodplain Guidelines. REFERRAL COMMENTS: The application was referred for comments to the following: 1. Building Inspections 2. Protective Services 3. Community Services No comments were received in regards to this proposal. Page 36 of 41 Advisory Planning Commission – Electoral Area “F” Page 37 of 41 Advisory Planning Commission – Electoral Area “F” SUBJECT PROPERTY MAP File: 18-0781-F-DP Owner/Applicant: River’s End Estates Ltd. c/o Boyd Payne Location: 8192 Highway 97A Page 38 of 41 Advisory Planning Commission – Electoral Area “F” SUBJECT PROPERTY MAP OFFICIAL COMMUNITY PLAN File: 18-0781-F-DP Owner/Applicant: River’s End Estates Ltd. c/o Boyd Payne Location: 8192 Highway 97A Page 39 of 41 Advisory Planning Commission – Electoral Area “F” SUBJECT PROPERTY MAP ZONING File: 18-0781-F-DP Owner/Applicant: River’s End Estates Ltd. c/o Boyd Payne Location: 8192 Highway 97A Page 40 of 41 Advisory Planning Commission – Electoral Area “F” Page 41 of 41