agenda - The City of Vernon [PDF]

THE CORPORATION OF THE CITY OF VERNON

AGENDA REGULAR OPEN MEETING OF COUNCIL COUNCIL CHAMBERS CITY HALL MONDAY August 11, 2014 At 1:30 p.m.

Council Mayor R. Sawatzky Councillor J. Cunningham Councillor M. O'Keefe

Councillor C. Lord Councillor B. Quiring Councillor B. Spiers

For Enquiries Telephone: (250) 545-1361 www.vernon .ca

THE CORPORATION OF THE CITY OF VERNON

AGENDA REGULAR OPEN MEETING OF COUNCIL CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 11,2014 AT 8:40AM 1. CALL REGULAR MEETING TO ORDER AND MOVE TO COMMITTEE OF THE WHOLE 2. RESOLUTION TO CLOSE MEETING A. BE IT RESOLVED that the meeting be closed to the public in

accordance with Section 90 of the Community Charter as follows: e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the municipality; k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the municipality if they were held in public. 3. ADJOURN TO OPEN COUNCIL AT 1 :30 PM AGENDA

A. THAT the Agenda for the August 11, 2014, Regular Open Meeting of Council be adopted as circulated. 4. ADOPTION OF MINUTES AND RECEIPT OF COMMITTEE OF THE WHOLE AND PUBLIC HEARING RECORD

MINUTES

A. THAT the minutes of the Regular Meeting of Council held July 14, 2014, be adopted; (P. 14)

AND FURTHER, that the minutes of the Special Regular Meeting of Council held on July 16, 2014, be adopted; (P. 36) AND FURTHER that the minutes of the Public Input for the 2013 Annual Report held July 14, 2014, be adopted; (P. 38) G:\0100.{)699 ADMINISTRATION\0550 COU NCIL - MEETINGS\02 Agendas\01 Regular Open Meeting Agendas\201 4\140811 .doc

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REGULAR OPEN COUNCIL AGENDA- AUGUST 11, 2014

AND FURTHER, that the minutes of the Public Hearing held July 14, 2014, be adopted; (P. 40) AND FURTHER, that the minutes of the Committee of the Whole Meeting of Council held July 14, 2014, be received. 5. BUSINESS ARISING FROM THE MINUTES 6. GENERAL MATTERS INTRODUCTION - NEW DIRECTOR, HUMAN RESOURCES

A. Mr. Will Pearce, CAO will introduce Ms. Raeleen Manjak, Director, Human Resources to Council.

DELEGATION - REQUEST TO BAN OPEN OR WOOD BURNING CAMPFIRES WITHIN CITY LIMITS (P.46 )

B. Mr. Gary Butt re: Request to Ban Open or Wood Burning Campfires within City Limits.

RICHARD LARSEN DEVELOPMENT VARIANCE PERMIT APPLICATION FOR LOT 4, BLK 3, PLAN 383PH, SEC 3, TP 8, ODYD (4107- 29 STREET)(P. 48)

C. THAT Council support the development variance permit application submitted by Richard Larsen for Lot 4 Block 3 Plan 383PH Section 3 Township 8 ODYD (41 07 - 29 Street) to vary the minimum side yard regulations of the RH1: Low-Rise Apartment Residential zoning district in Zoning Bylaw #5000 in order to construct a stacked row housing project, subject to the following conditions: a) The minimum north side yard shall be reduced from 4.5m to 1.5m; b) The minimum south side yard shall be reduced from 4.5m to 3.0m; and c) That the site plan, as shown on Attachment 3 in the report dated July 18, 2014 by the Planning Assistant and titled Richard Larsen - Development Variance Permit Application for Lot 4 Block 3 Plan 383PH Sec 3 Township 8 ODYD (41 07 - 29 Street), shall be attached to and form part of Development Variance Permit #DVP00299 as Schedule 'A'.

Public Input- DVP00299

(i)

Public Input on Development Variance Permit #00299 for Lot 4 Block 3 Plan 383PH Section 3 Township 8 ODYD (41 07 - 29 Street) to vary the minimum side yard regulations of the RH1: Low-Rise Apartment Residential zoning district in Zoning Bylaw #5000 in order to construct a stacked row housing project.

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Issuance Of PermitDVP00299

JED ASTINDEVELOPMENT VARIANCE PERMIT APPLICATION FOR LOT A, PLAN 40310, DL 298, ODYD, EXCEPT PLAN KAP69767 (8700 TRONSON ROAD) (P. 66)

REGULAR OPEN COUNCIL AGENDA- AUGUST 11, 2014 (ii)

THAT the Corporate Officer be authorized to issue Development Variance Permit #00299, to Richard Larsen for Lot 4 Block 3 Plan 383PH Section 3 Township 8 ODYD (41 07 - 29 Street) to vary the minimum side yard regulations of the RH1: Low-Rise Apartment Residential zoning district in Zoning Bylaw #5000 in order to construct a stacked row housing project, once all conditions of Council are satisfied.

D. THAT Council support the development variance

permit application submitted by Jed Astin on behalf of 415950 BC Ltd. for Lot A, Plan 40310, DL 298, ODYD, Except Plan KAP69767 (8700 Tronson Road) to vary Section 4.16.2 Hillside Development Areas in Zoning Bylaw #5000 to enable a three lot subdivision to be approved where each lot has less than 100m2 of contiguous buildable area on lands with slopes under 30%, subject to the following conditions:

a)

That the site plan, as shown on Attachment 3 in the report dated July 21, 2014 by the Planning Assistant and titled Jed Astin - Development Variance Permit Application for Lot A, Plan 40310, DL 298, ODYD, Except Plan KAP69767 (8700 Tronson Road), shall be attached to and form part of Development Variance Permit #DVP00302 as Schedule 'A';

b)

That prior to the issuance of DVP00302, a Land Title Act Section 219 Restrictive Covenant shall be registered on the title of Lot A, Plan 40310, DL 298, ODYD, Except Plan KAP69767 to prevent land disturbance or building on the lands until such time that lakeshore access and building designs sensitive towards hillside conditions have been addressed to the satisfaction of the City of Vernon and that such design plan review and approval shall consist of a public input component; and

c)

That prior to issuance of DVP00302, the geotechnical report titled Geotechnical Assessment for Proposed Sage Bay Residential Strata Development, Lot A Plan 4031 0 Except Plan KAP69767 DL 298 ODYD, Adventure Bay Road, Vernon B.C. dated December 20, 2013 by Greg Reid, P.Eng, P.Geo, FEC, FCC of AMEC Environment & Infrastructure be registered as a restrictive covenant on the title of Lot A, Plan 40310, DL 298, ODYD, Except Plan KAP69767. And further, that the covenant indicate further geotechnical investigation is to be undertaken with respect to a development variance permit or a building permit application for each specific lot.

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REGULAR OPEN COUNCIL AGENDA- AUGUST 11, 2014

Public Input- DVP00302

(i)

Public Input on Development Variance Permit #00302 for Jed Astin on behalf of 415950 BC Ltd. for Lot A, Plan 40310, DL 298, ODYD, Except Plan KAP69767 (8700 Tronson Road) to vary Section 4.16.2 Hillside Development Areas in Zoning Bylaw #5000 to enable a three lot subdivision to be approved where each lot has less than 100m2 of contiguous buildable area on lands with slopes under 30%.

Issuance Of PermitDVP00302

(ii)

THAT the Corporate Officer be authorized to issue Development Variance Permit #00302, to Jed Astin on behalf of 415950 BC Ltd. for Lot A, Plan 40310, DL 298, ODYD, Except Plan KAP69767 (8700 Tronson Road) to vary Section 4.16.2 Hillside Development Areas in Zoning Bylaw #5000 to enable a three lot subdivision to be approved where each lot has less than 100m2 of contiguous buildable area on lands with slopes under 30%, once all conditions of Council are satisfied.

7. COUNCIL INQUIRIES 8. ADMINISTRATION UPDATES A . THAT Council receive the Administration Updates dated August 11,2014. (P.115) 9. UNFINISHED BUSINESS PROPOSED SUBDIVISION OF PARCEL A (DD226047F) OF THE FRACTIONAL SOUTH WEST % OF NORTH EAST %SEC 10, TP 13, ODYD (9373 EASTSIDE ROAD) GEOTECHNICAL REPORT (P.119)

A. THAT Council receive the geotechnical report titled "Geotechnical Inspection at 9373 Eastside Road, Vernon, BC" dated July 4, 2014 prepared by Dr. Dwayne Tannant, P.Eng., which satisfies condition #4 in Council's resolution passed at its Regular Meeting held on June 23, 2014 regarding development variance permit application DVP00297;

2013 GAS TAX RESULTS (P. 129)

B. THAT Council receives the memorandum dated July 22, 2014 from the Manager, Accounting Services in regards to the Annual Expenditure Report- Fiscal Year: 2013 for the Gas Tax Program administered by UBCM.

AND FURTHER, that based on Dr. Tannant's report, conclusions and recommendations; including but not limited to the recommendation "that further site investigation be conducted to verify the depth to bedrock" early in the site development process; Council support development variance permit application DVP00297 to vary hillside development area provisions in Zoning Bylaw #5000 to enable the property at 9373 Eastside Road to be subdivided into four lots.

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BC GAS (NOW KNOWN AS FORTIS BC) LILO LEASE AGREEMENT (P. 131)

REGULAR OPEN COUNCIL AGENDA- AUGUST 11, 2014

C. THAT Council receives the memorandum dated August 5, 2014 from the Director, Financial Services in regards to the BC Gas LILO lease agreement.

10. MATTERS REFERRED: COMMITTEE OF THE WHOLE AND IN-CAMERA 11. NEW BUSINESS A. Correspondence:

2014 UNION OF BC MUNICIPALITIES CONFERENCE - SEPT 22 -26,2014

(i)

THAT Council approves Mayor Sawatzky, Councillor Cunningham and (to be cited by Council) attending the 2014 Union of BC Municipalities Conference in Whistler on September 22-26, 2014.

APPEAL FOR RECONSIDERATION BOUNDARY EXTENSION APPLICATION , 5303 PLEASANT VALLEY ROAD (P. 134)

(ii)

Letter dated July 28, 2014, from Judy Keryluke & Family, re: Appeal for Reconsideration -Boundary Extension Application (3370-30-30) 5303 Pleasant Valley Rd. Note: If Council entertains a reconsideration motion on the matter, the mover of the motion must be a member who voted in the majority (defeat) of the motion, therefore Councillors' Lord, Cunningham or Spiers would have to bring the reconsideration motion forward. A reconsideration motion can only be brought forward within one month of the defeated motion. (in this case was July 14) No discussion on the item can take place unless the reconsideration motion is passed. If the reconsideration motion is lost, the question shall not be reintroduced to Council for 6 months, with unanimous consent of Council.

If no reconsideration motion is brought forward, Council is requested to bring forward a motion to 'receive' the letter from Ms. Keryluke. •

GREATER VERNON WATER SERVICE ESTABLISHMENT BYLAW AMENDMENT NO. 2543, 2014 (P. 153)

Report dated July 3, 2014, from the Manager, Current Planning previously considered at the July 14, 2014 Regular meeting, re: Judy Keryluke - Annexation Application for Lot 1, Plan 9046, Sec 11, TP 8, ODYD (5303 Pleasant Valley Road) (P. 136)

(iii) Letter dated June 14, 2014, from Jeanne Byron, Corporate Officer, Regional District of North Okanagan, re: Consent for amendment Bylaw 2543, 2014.

REGULAR OPEN COUNCIL AGENDA- AUGUST 11, 2014

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THAT Council, pursuant to the provisions of Section 801.4 of the Local Government Act, hereby consents, on behalf of the electors of the City of Vernon, to the Board of the Regional District of North Okanagan, adopting the following amendment bylaw: "Greater Vernon Water Service Establishment Bylaw Amendment No. 2543, 2014" A bylaw to amend Schedule "A" to Bylaw 1262, 1994 being Regional District of North Okanagan - Greater Vernon Water Regional Water Supply Local service Establishment Bylaw No. 1262, 1994 and amendments thereto by adding the area outlined in black identified on Schedule "A". 2014 TRANSPORTATION DEMAND MANAGEMENT EVENT#4INTERNATIONAL WALK TO SCHOOL PROGRAM CHANGES (P. 157)

(iv) THAT Council receive the memorandum dated July 29, 2014 titled 2014 Transportation Demand Management Events Program #4- International Walk to School Program Changes from the Transportation Demand Management Coordinator, for information; AND FURTHER, that Council directs Administration to endorse changing Event #4- International Walk to School Week to International Walk to School Month for October 2014, using the existing funds from the approved Transportation Demand Management budget.

CUSTOM TRANSIT REGISTRATION PROCESS PILOT PROJECT UPDATE (P. 159)

(v)

ECONOMIC DEVELOPMENT & TOURISM UPDATE (P. 161 )

(vi) THAT Council receive the memorandum dated July 20 , 2014 , titled Economic Development and Tourism Update from the Manager of Economic Development and Tourism .

THAT Council receive the memorandum dated July 29, 2014 titled Custom Transit Registration Pilot Project Update from the Transportation Engineer for information.

B. Reports: AMENDMENT OF SERVICES BEYOND CITY BOUNDARIES POLICY (P. 165)

(i)

THAT Council repeal the Services Beyond City Boundaries Policy; AND FURTHER, that Council adopt a new Services Beyond City Boundaries Policy as presented in the report from the Manager, Engineering Development, dated July 28, 2014.

REGULAR OPEN COUNCIL AGENDA- AUGUST 11,2014

PAGE 7 LIQUOR SAMPLING AND SALES AT FARMERS' MARKETS - PROPOSED COUNCIL POLICY AND AMENDMENTS TO PARKS AND PUBLIC PLACES BYLAW #5057 (P. 184)

(ii)

THAT Council adopt the policy entitled "Liquor Sampling and Sales at Farmers' Markets" as outlined in Attachment 5 in the report titled Liquor Sampling and Sales at Farmers' Markets - Proposed Council Policy and Amendments to Parks and Public Places Bylaw #5057 dated July 29, 2014 from the Manager, Current Planning; AND FURTHER, that Council support the amendments to Parks and Public Places Bylaw #5057 as outlined in Attachment 6 in the report titled Liquor Sampling and Sales at Farmers' Market - Proposed Council Policy and Amendments to Parks and Public Places Bylaw #5057 dated July 29, 2014 from the Manager, Current Planning.

STANDARD LAND COMPANY INC.REQUEST FOR CITY COUNCIL CONCURRENCE FOR A PROPOSED TELECOMMUNICATIONS TOWER AT 381 COMMONAGE ROAD (P. 199)

(iii) THAT Council pass the following resolution:

WHEREAS Rogers Communications Inc. proposes to erect

a 30.0m high wireless telecommunication tower and accessory structure on Sec 1. Tp13, ODYD, Except Plan 27820, Parcel A, Plan KAP65548 and Plan KAP82974; and .% of SE of Sec. 2, Tp 13, ODYD; and NE ;4 of Sec. 35, Tp 14, ODYD with the civic address of 381 Commonage Road, Vernon, British Columbia; AND WHEREAS proponents of telecommunication towers are regulated by Industry Canada on behalf of the Government of Canada and as part of their approval, Industry Canada requires proponents to consult with land use authorities as provided for in CPC-2-0-03; AND WHEREAS Rogers Communication Inc. has consulted with the City of Vernon and the City of Vernon planning staff have no objection to the proposed telecommunications tower, subject to the building exterior to be of an earth tone colour and there be no barbed or razor wire on any fencing or structure; AND WHEREAS Rogers Communication Inc. has consulted with the public by notifying all property owners and occupants within three times the tower height of 30. Om, and has provided thirty (30) days for written public comments; AND WHEREAS there are no significant land use issues identified by the consultation; NOW THEREFORE BE IT RESOLVED THAT:

REGULAR OPEN COUNCIL AGENDA- AUGUST 11, 2014

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1. The Corporate Officer for the City of Vernon be instructed to advise Rogers Communication Inc. that:

a. Rogers

Communications Inc. has satisfactorily completed its consultation with the City of Vernon. b. The City of Vernon is satisfied with Rogers Communication Inc.'s public consultation process and does not require any further consultation with the public; and c. The City of Vernon concurs with Rogers Communications Inc.'s proposal to construct a 30. Om high wireless telecommunications facility provided it is constructed substantially in accordance with the plans submitted to it and on the property located at 381 Commonage Road. LAKESIDE DEVELOPMENT CORPORATION REQUEST TO EXTEND THE EXPIRY DATE FOR REZONING BYLAW #5326 (7762, 7764 AND 7766 OKANAGAN LANDING ROAD) (P. 268)

(iv) THAT Council pursuant to the "Bylaws - Inactive Policy", Council approve the request from Paul Gaskin of Lakeside Development Corporation for a one year extension to the processing period for 7762, 7764 and 7766 Okanagan Landing Road Rezoning Amendment Bylaw #5326, 2011 for a single family bare land strata lot subdivision of Lots 1, 2 and 3, Sec 19, Tp 9, Plan KAP77195, ODYD (7762, 7764 and 7766 Okanagan Landing Road) with the extension to expire on August 8, 2015;

AND FURTHER, that the applicant be advised that the subject extension approval is the third and final extension to be approved. Any further approval would require the submission of a new rezoning application. VERNON AND DISTRICT PERFORMING ARTS CENTRE - LIQUOR LICENCE APPLICATION FOR LOT 1, PLAN KAP76941, SEC 3, TP 8 ODYD (3800 - 33 STREET) (P. 286)

(v)

THAT Council supports the Liquor Primary and Liquor Primary Club Structural Change application submitted by an official of the Vernon and District Performing Arts Centre to allow for liquor service throughout the establishment including the seating area, stage, dressing rooms, reception hall, greenroom, receiving area, kitchen and lobby. The maximum licence occupant load of the establishment would increase from 1107 to 2402 persons. Council's resolution in support of the proposed licence application addresses the following items in LCLB's resolution criteria contained in Part 4 of the Application for a Liquor Primary and Liquor Primary Club Structural Change Application form: a. The potential for noise if the application is approved. The potential noise arising from a Liquor Primary Spectator Entertainment establishment is expected to be typical of a licenced establishment in an enclosed

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REGULAR OPEN COUNCIL AGENDA- AUGUST 11,2014 building designed specifically for the presentation of live artistic performances, which is acceptable to City Council. b. The impact to the community if the application is approved. Council reviewed the use of the facility and believe the proposed licence amendment would not unduly impact the surrounding community. c. Views of residents. A total of 307 property owners, residents and business owners within a 60.0 metre radius of the subject property were notified in writing and requested to submit their comments to City Council concerning the subject application. Advertisements requesting public input were published in the Friday, June 6, 2014 and Sunday, June 8, 2014 editions of the Vernon Morning Star. Three responses were received as a result of the notifications and all were in support of the proposed application. Local RCMP officials were notified of the application and have stated that they are not opposed to the proposed changes.

REVITALIZATION TAX EXEMPTION PROGRAM RENEWAL (P. 299)

(vi) THAT Council support amending Bylaw #5362 (Revitalization Tax Exemption - City Centre) and Bylaw #5363 (Revitalization Tax Exemption - Waterfront Neighbourhood Centre) to remove the reference to deadlines for eligible projects and to clarify eligibility for renovation projects in the City Centre, as outlined in the report dated July 28, 2014 from the Manager of Long Range Planning and Sustainability.

WAYFINDING STRATEGY (P. 317)

(vii) THAT Council consider the development of a new Wayfinding Strategy, as outlined in the report dated July 31, 2014 from the Long Range Planner, in the 2015 budget process; AND FURTHER, that Council authorize staff to proceed with the design, location identification and installation of downtown vehicle parking directional signage in 2014, in consultation with the Downtown Vernon Association, utilizing 2013 year end unexpended funds to an upset amount of $30,000.

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REGULAR OPEN COUNCIL AGENDA- AUGUST 11, 2014

2014 BUDGET AMENDMENT - FIRE TRAINING CENTRE (P. 327)

(viii) THAT Council authorize a 2014 Budget Amendment to the Fire - Rescue Division operating budget, in the amount of $18,390.75 to fund the increase to Vernon's proportionate share of the 2014 Fire Training Centre cost; AND FURTHER, that source of funds be 2013 Year End Unexpended Balance (OR the Fire Training Centre (FTC) Operating Reserve). 12.LEGISLATIVE MATTERS Bylaws:

ADOPTION

FIRST, SECOND & THIRD READINGS

(i)

THAT Bylaw #5506, "Sewer User Rates (Public Institutions) Amendment Bylaw Number 5506, 2014" a bylaw to amended Sewer User Rates Bylaw 5400, 2013, be adopted. (P. 332)

(ii)

THAT Bylaw #5500, "Recreation Services Fees & Charges (2014) Amendment Bylaw Number 5500, 2014" a bylaw to amend Recreation Fees & Charges Bylaw 5472, 2013, be adopted. (P. 335)

(iii)

THAT Bylaw #5492, "Zoning Text (Marihuana for Medical Purposes Regulations) Amendment Bylaw Number 5492, 2014"- a bylaw to amend Zoning Bylaw #5000, be adopted. (P. 388)

(iv)

THAT Bylaw #5508, "Development Application Procedure (Signage/Secondary Use Permits) Amendment Bylaw Number 5508, 2014" - a bylaw to amend Development Application Procedure Bylaw 41 03, 1995, be read a first, second, and third time. (P. 397)

(v)

THAT Bylaw #5509, "Fees and Charges (Secondary Use Dev Permits) Amendment Bylaw Number 5509, 2014" - a bylaw to amend Fees and Charges Bylaw Number 3909, be read a first, second, and third time. (P. 408)

(vi)

THAT Bylaw #5511, "Subdivision and Development Servicing (Section 4 and Section 7) Amendment Bylaw Number 5511, 2014" - a bylaw to amend City of Vernon Subdivision and Development Servicing Bylaw #3843, 1992, be read a first, second, and third time. (P. 411)

(vii)

Memo dated July 2, 2104 titled Amendment of Latecomer Bylaw #5489 - Hesperia from the Engineering Technician Ill. (P. 416)

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REGULAR OPEN COUNCIL AGENDA- AUGUST 11, 2014 THAT Bylaw #5514, "Hesperia Development Corporation Sanitary and Sewer Main Latecomer Charge Amendment Bylaw Number 5514, 2014" - a bylaw to amend Hesperia Development Corporation Sanitary and Sewer Main Latecomer Charge Bylaw Number 5489, 2014, be read a first, second, and third time. (P. 417) (viii)

THAT Bylaw #5515, "City of Vernon Revitalization Tax Exemption Bylaw (City Centre District) Amendment Bylaw Number 5515, 2014" -a bylaw to amend the City of Vernon Revitalization Tax Exemption Bylaw (City Centre District) Bylaw Number 5362, be read a first, second, and third time. (P. 420)

(ix)

THAT Bylaw #5516, "City of Vernon Revitalization Tax Exemption Bylaw (Waterfront Neighbourhood Centre) Amendment Bylaw Number 5516, 2014"- a bylaw to amend the City of Vernon Revitalization Tax Exemption Bylaw (Waterfront Neighbourhood Centre) Bylaw Number 5363 , 2012, be read a first, second, and third time. (P. 423)

(x)

Memo dated August 5, 2014, from the Manager, Bylaw Compliance, re: Mixed Martial Arts - Ticketing Bylaw Amendments (P. 426) THAT Bylaw #5505, "City of Vernon Mixed Martial Arts Bylaw Number 5505, 2014"- a bylaw to regulate and prohibit mixed martial arts, be read a first, second, and third time. (P. 430) THAT Bylaw #5517, "Bylaw Notice Enforcement (Mixed Martial Arts) Amendment Bylaw Number 5517, 2014" - a bylaw to amend the Bylaw Notice Enforcement Bylaw, be read a first, second and third time. (P. 434) THAT Bylaw #5518, "Municipal Ticketing Information (Mixed Martial Arts) Amendment Bylaw Number 5518, 2014"- a bylaw to amend the Municipal Ticketing Information (M.T.I) Bylaw, be read a first, second and third time. (P. 436)

RESCIND READINGS

(xi)

THAT Bylaw #5513, "City of Vernon Business Licence (Secondary Suite) Amendment Bylaw Number 5513, 2014" - a bylaw to amend City of Vernon Business Licence Bylaw Number 5480, 2014, be read a first, second, and third time. (P. 440)

(xii)

THAT Bylaw #5501, "Zoning Text (Secondary Suites) Amendment Bylaw Number 5501, 2014"- a bylaw to amend Zoning Bylaw #5000, be rescinded. (P. 442)

PAGE 12 FIRST & SECOND READINGS AND PUBLIC HEARING DATE

REGULAR OPEN COUNCIL AGENDA- AUGUST 11,2014 (xiii)

THAT Bylaw #5512, "Zoning Text (Secondary Suites) Amendment Bylaw Number 5512, 2014" a bylaw to amend Zoning Bylaw 5000, be read a first and second time; AND FURTHER, that the Public Hearing for Bylaw #5512, be scheduled for Monday, September 8, 2014, at 5:30 pm, in Council Chambers. (City of Vernon) (P. 444)

13.COUNCIL INFORMATION UPDATES

A. Mayor and Councillors Reports. 14.1NFORMATION ITEMS A. Letter dated July 4, 2014 from The Honourable Steven Blaney,

P.C. , M.P. , Minister of Public Safety and Emergency Preparedness, re: Threat of Invasive Zebra and Quagga Mussels Spreading into Western Canada. (P.446) B. Letter dated July 11, 2014 , from The Honourable Lisa Raitt, P.C., M.P., Minister of Transport, re: Five-Point Action Plan Regarding Canada Post. (P. 447) C. Letter dated July 15, 2014, from Ms. Nancy Cooper, Mayor, City of Salmon Arm, re: Acquisition of the Deregulated Sicamous to Armstrong Rail Corridor. (P. 448)

D. Minutes from the following Committees of Council: (i) Advisory Planning , June 10 (P. 449) (ii) Tourism Advisory, Jun 18, (P. 457)

E. Public Hearing Agenda for August 11, 2014 (distributed by separate package) RECESS

15.RECESS MEETING

NOTES: A. Public Hearing scheduled at 5:30 pm at City Hall: 1. "Dock and Boatlift Regulations Text Amendment Bylaw Number 5507, 2014" RECONVENE THIRD READING

16. RECONVENE MEETING A. THAT Bylaw #5507 "Dock and Boatlift Regulations Text Amendment Bylaw Number 5507, 2014" a bylaw to amend Zoning Bylaw 5000, be read a third time. (City of Vernon) (P. 463) 17.CLOSE OF MEETING

THE CORPORATION OF THE CITY OF VERNON

MINUTES OF A REGULAR OPEN MEETING OF COUNCIL HELD MONDAY, JULY 14,2014

PRESENT: Mayor R. Sawatzky Councillors: B. Spiers, J. Cunningham, B. Quiring, C. Lord, M.J. O'Keefe Staff:

Others:

W. Pearce, Chief Administrative Officer P. Bridal, Director, Corporate Services S. Blakely, Manager, Legislative Services T. Laing Gahr, Communications and Grants Coordinator K. Flick, Director, Community Development S. Koenig, Director, Operations R. Dickinson, Director Engineering & GIS E. Stranks, Manager, Engineering Development* B. Bandy, Real Estate Manager D. Rintoul, Manager, Current Planning J. Rice, Manager, Public Works, Parks & Airport D. Law, Manager, Accountirm Services B. Baker, Manager, Utilities Media and Members of the Public Mayor Sawatzky called the meeting to order at 8:40 a.m. Moved by Councillor Cunningham, seconded by Councillor Quiring:

RESOLUTION TO CLOSE MEETING

BE IT RESOLVED that the meeting be closed to the public in accordance with Section 90 of the Community Charter as follows:

e)

the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the municipality;

g)

litigation or potentia/litigation affecting the municipality.

CARRIED.

Mayor Sawatzky called the adjourned meeting back to order at 1:30 p.m . PRESENT:

Mayor R. Sawatzky

Councillors:

B. Spiers, J. Cunningham, B. Quiring, C. Lord , M.J. O'Keefe

Staff:

W. Pearce, Chief Administrative Officer P. Bridal, Director, Corporate Services S. Blakely, Manager, Legislative Services

P14

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REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 D. Law, Manager, Accounting Services K. Flick, Director, Community Development R. Dickinson, Director, Engineering & GIS* S. Koenig, Director, Operation Services* A. Watson, Municipal Transportation Engineer* M. Dowhaniuk, Infrastructure Engineer* E. Stranks, Manager, Engineering Development* C. Liefke, Planning Assistant* D. Rintoul , Manager, Current Planning* T. Laing Gahr, Communications and Grants Coordinator R. Miles, Manager, Long Range Planning & Sustainability* W . Majewski, Transportation Demand Coordinator* K. Poole, Manager, Economic Development & Tourism* J. Niu, Environmental Planning Assistant* C. Martens, Manager, Building & Inspections* W. lkesaka, Manager, Information Systems* J. Rice, Manager, Public Works, Parks & Airport* R. Nuriel, Planning Assistant* C. Corbett, Long Range Planner* B. Bandy, Real Estate Manager* C. Andruik, Municipal Tech Ill- Transportation* L. Skolrood, Deputy Chief, Prevention & Training* *Attended, as required Others:

Media and Members of the Public

ADOPTION OF THE AGENDA: APPROVAL OF ITEMS LISTED ON THE AGENDA

Moved by Councillor Lord , seconded by Councillor Cunningham: THAT the agenda for the Monday, July 14, 2014, Regular Open meeting of the Council of The Corporation of The City of Vernon be amended as follows:

1.

SEE ITEM - 11.B.(i) Reports - Community Wildfire Protection Plan (P. 177)- Page 3 of Report- Missing From Agenda Package

2.

SEE ITEM - 11.B(iii) Reports - Sidewalk and Boulevard Area Use Permits Corporate Policy - Liquor Service Provision Amendments (P. 436)- Letter dated July 10, 2014, from Ms. Lara Konkin, Executive Director, Downtown Vernon Association, re: Sidewalk and Boulevard Area Use Permits

AND FURTHER, that the agenda be adopted, as amended .

CARRIED.

P15

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REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 ADOPTION OF MINUTES:

MINUTES

Moved by Councillor Cunningham, seconded by Councillor Lord: THAT the minutes of the Regular Meeting of Council held June 23, 2014 be adopted; AND FURTHER, that the minutes of the Committee of the Whole Meeting of Council held June 23, 2014, be received. CARRIED. BUSINESS ARISING FROM THE MINUTES GENERAL MATTERS:

DELEGATION - MULTl MATERIALS BC (MMBC) AND EMTERRA (5380-01)

Mr. Allen Langdon, Managing Director of Multi-Materials BC, provided an update on the implementation of the MMBC printed paper and packaging recycling program in the Regional District of the North Okanagan. Jordan Best, Manager of Collection , MMBC, and Ed Walsh, Emterra were available to answer questions. The following points were reviewed: • Overview of MMBC: o MMBC is a not for profit agency o Businesses can appoint MMBC as their agent o Participation in MMBC is not mandatory o MMBC is the latest in over 20 stewardship agencies • MMBC Governance and Accountability o Must meet performance requirements set out by MoE o Publish an annual performance report o Governed by a Board of Directors o Based on a collective model • Highlights of PPP Stewardship Plan • PPP Producers responsible for: o Reasonable access to PPP collection services o Management of collected PPP o Establishing relationships o Financing implementation of PPP Stewardship Plan • MMBC's Collection System o Financial incentives were offered to local government and private and not-for-profit collectors o As of November 30th, reached 165 agreements • MMBC Service to Vernon Residents o RDNO declined financial incentives from MMBC prior to September 16th o As a result, MMBC issued an RFP to solicit proposals to provide PPP curbside collection in the RDNO o New blue boxes and a recycling guide were delivered

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PAGE 4

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014

Materials are now separated into two streams MMBC's Post-Collection System o Selection of Green by Nature EPR (GBN) Types of Packaging& Printed Paper Covered o Packaging o Expanding Types of PPP Collected o Glass Packaging Communicating with Residents o Resident-Focused Website and Social Media o Website Search and Mobile Application o Responding to Resident Concerns o

• •

•

DELEGATION CHAMBER OF COMMERCE (3900-02)

Mr. Rob Tedham, Director, Chamber of Commerce (COG), provided comments on the proposed amendments to the Subdivision and Development Servicing Bylaw. The following points were noted: • Member of Chamber Committee (BIG RED) • Understands report will follow later in the meeting • COG provided written submission as part of the report • Very pleased with dialogue between COG and Administration • Supports the exemption for single/two family home renovations with respect to renovations and/or additions from servicing requirements • If renovation/additions are in compliance with existing zoning then no need for offsite charges • Referenced Attachment 3 City of Kelowna (COK) found this system simple and straight forward • Working well in COK • COG believes process of building permit apps & costs should be easy to understand • Streamlining needed through COV Departments • Change of Use would require additional time and this is understood • Bylaw in process should support the 'norm' not the 'exception' • As redevelopment occurs, increased tax value occurs • Building Permit trend has been downwards since 2007 and this is a continuing trend • According to Canadian Home Builders Association (CHBA)- the industry employs a large amount of people • Win/Win for COV and Taxpayers to address concerns • CHBA and Urban Development Institute both join COG in requesting these changes • High degree of frustration in the Community • Believes there is a real detriment to economic development in the Community due to convoluted processes • Reiterates revised bylaw provides certainty to Builders and send a positive and strong message that the City is 'Open for Business'

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PAGES

PRESENTATION SOCIAL PLANNING COUNCIL, PARTNERS IN ACTION SEMI ANNUAL REPORT (0360-20)

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014

Ms. Annette Sharkey, Executive Director, Social Planning Council for the North Okanagan presented the Partners in Action, Quarterly Report. The following topics were reviewed: • 'Partners in Action' Quarterly Report- April 1 -June 30 Partners in Action Team Results for: o Addressing Homelessness o Increasing Number of Safe Affordable Housing Units o Increasing Access to Recreation o Increasing Awareness/Access to Early Childhood Development o Increasing Sense of Safety/Community Downtown o Increasing Community Awareness of Partners o Implementing Harm Reduction Strategy o Increase Evaluation Capacity of 'Partner in Action' Committee • City of Vernon Housing Forum- May 1, 2014 • Welcoming Communities Project and Public Spaces Audit, February 2014

Moved by Councillor Cunningham, seconded by Councillor Lord: THAT Council receives the Social Planning report from Ms. Annette Sharkey, Executive Director. CARRIED. COUNCIL INQUIRIES WAYFINDING SIGNAGE

Council inquired as to when they can expect an Update regarding Wayfinding Signage, as requested at the June 23 Regular meeting. An Admin Update will appear on the August 11 Agenda.

ADMINISTRATION UPDATES (0550-05)

Moved by Councillor Cunningham, seconded by Councillor Lord: THAT Council receive the Administration Updates dated July 14, 2014. CARRIED.

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PAGES CITY OF VERNON WEBSITE REVIEW

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014

Moved by Councillor Lord, seconded by Councillor Cunningham: THAT Council approves Option 2 for website review and redevelopment, as detailed on the July 14, 2014 Administration Updates, and as follows: Option 2 - A Request for Expression of Interest (RFEOI) identifying that the City wishes to engage interested patties to review, and propose development options for the City website. We would request budget estimates, website samples and references. Staff costs would be limited to the operational time for the RFEOI to be written and staff to review and deliberation on the proposals to bring forward to Council. Administration estimates the timeline for the completion of the Request For Expression Of Interest to be end of August to early September of this year. CARRIED.

Moved by Councillor Lord, seconded by Councillor Cunningham: THAT Council directs Administration to include a representative from Economic Development & Tourism to the Team of Staff reviewing options for the City of Vernon website. CARRIED.

Moved by Councillor Cunningham, seconded by Councillor Lord: THAT Council approves $10,000 in the 2015 implementation of the Yellow Grit Box Program;

Budget for

AND FURTHER, that this item be considered for early budget approval in Fall of 2014. CARRIED. UNFINISHED BUSINESS ARTS COUNCIL OF THE NORTH OKANAGAN JUNE 25, 2014 DELEGATION (0230-01)

Moved by Councillor Quiring, seconded by Councillor O'Keefe: THAT Council receives the presentation of June 25, 2014, from Ms. Lynne Gayan and Dr. Shawn Lee, from the Arts Council of the North Okanagan; AND FURTHER, that Council directs Administration to provide a letter of appreciation to the Arts Council of the North Okanagan for their attendance at Council and for providing an update on the activities of the Arts Council and the Vernon Community Arts Centre. CARRIED.

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PAGE7 COMMONAGE AREA REZONING PROCESS (3360-01 Commonage)

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014

Moved by Councillor Cunningham, seconded by Councillor Quiring: THAT Council directs Administration to initiate the Commonage Area Rezoning process in 2015 as outlined in the memorandum dated June 30, 2014, titled Commonage Area Rezoning Process from the Manager, Long Range Planning and Sustainability. CARRIED.

CONFIRMATION OF CAPACITY ALLOCATION FOR PREDATOR RIDGE (ZON00191)

Moved by Councillor Cunningham, seconded by Councillor Quiring: THAT Council receives the memorandum dated June 30, 2014 titled 'Confirmation of Capacity Allocation of Predator Ridge' from the Manager of Engineering Development, for information. CARRIED.

QAMAR HAYATANNEXATION AND SERVICE CONNECTION APPLICATIONS FOR LOT 2, PLAN 4354, SEC. 15, TP. 8, O.D.Y.D. (6467 GOOSE LAKE ROAD) (3370-20-29 )

Moved by Councillor Quiring, seconded by Councillor O'Keefe: THAT Council support the annexation application submitted by Qamar Hayat for Lot 2, Plan 4354, Sec. 15, Tp. 8, O.D.Y.D. (6467 Goose Lake Road) and a sanitary sewer service connection request for Lot 2, Plan 4354, Sec. 15, Tp. 8, O.D.Y.D. (6467 Goose Lake Road) in advance of the property being annexed into the City of Vernon; AND FURTHER, that Council direct Administration to request the Regional District of North Okanagan provide their consent, as per Section 13 of the Community Charter, for the City of Vernon to provide a sanitary sewer connection to Lot 2, Plan 4354, Sec. 15, Tp. 8, O.D.Y.D. (6467 Goose Lake Road) for health and environmental reasons; AND FURTHER, that Council authorize a sanitary sewer connection be provided to Lot 2, Plan 4354, Sec. 15, Tp. 8, O.D.Y.D. (6467 Goose Lake Road) in advance of the property being annexed into the City of Vernon, subject to; 1. 2.

Consent being provided by the Regional District of North Okanagan as per Section 13 of the Community Charter; and Mr. Hayat entering into a Section 219, Land Title Act, covenant which requires the property owner to provide consent to the annexation application and process;

AND FURTHER, that Council authorize the application submitted by Qamar Hayat to annex Lot 2, Plan 4354, Sec. 15, Tp. 8, O.D.Y.D. (6467 Goose Lake Road) into the City of Vernon be referred to the appropriate departments and agencies for review and comment.

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PAGE 8

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 DEFEATED, with Councillors Spiers, Cunningham and Lord opposed. Moved by Councillor Lord, seconded by Councillor Cunningham: THAT Council support the processing of the annexation application submitted by Qamar Hayat for Lot 2, Plan 4354, Sec. 15, Tp. 8, O.D.Y.D. (6467 Goose Lake Road) and a sanitary sewer service connection request for Lot 2, Plan 4354, Sec. 15, Tp. 8, O.D.Y.D. (6467 Goose Lake Road) in advance of the property being annexed into the City of Vernon subject to receiving support from the Regional District of North Okanagan for the annexation application; AND FURTHER, that Council direct Administration to request the Regional District of North Okanagan provide their consent, as per Section 13 of the Community Charter, for the City of Vernon to provide a sanitary sewer connection to Lot 2, Plan 4354, Sec. 15, Tp. 8, O.D.Y.D. (6467 Goose Lake Road) for health and environmental reasons; AND FURTHER, that Council authorize a sanitary sewer connection be provided to Lot 2, Plan 4354, Sec. 15, Tp. 8, O.D.Y.D. (6467 Goose Lake Road) in advance of the property being annexed into the City of Vernon, subject to; 1. 2.

Consent being provided by the Regional District of North Okanagan as per Section 13 of the Community Charter; and Mr. Hayat entering into a Section 219, Land Title Act, covenant which requires the property owner to provide consent to the annexation application and process;

AND FURTHER, that Council authorize the application submitted by Qamar Hayat to annex Lot 2, Plan 4354, Sec. 15, Tp. 8, O.D.Y.D. (6467 Goose Lake Road) into the City of Vernon be referred to the appropriate departments and agencies for review and _comment.

CARRIED. MIXED MARITAL ARTS (MMA) (3900-02 Regulate)

Moved by Councillor Quiring, seconded by Councillor O'Keefe: THAT Council endorse the draft Mixed Martial Arts bylaw, presented as Attachment 2 in the report titled Mixed Martial Arts, dated July 9, 2014 written by the CAO, which will prohibit professional Mixed Martial Arts events within municipal limits.

CARRIED.

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PAGE9

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 NEW BUSINESS CORRESPONDENCE:

COUNCIL MEETING OUTSIDE CITY BOUNDARIES

(0550-01)

Moved by Councillor Cunningham, seconded by Councillor Lord: THAT pursuant to Section 134.1 of the Community Charier, Council approves a Special Regular Open meeting to be held outside the boundaries of the municipality on Wednesday, July 16, 2014, at the Regional District of North Okanagan Office, 9848 Aberdeen Road, Goldstream, BC, and that said meeting will be adjourned, moved to In Camera and be closed to the public, pursuant to Section 90 (e) and (k) of the Community Charier CARRIED.

ACTING MAYORNOVEMBER 2014

(0530-01)

Moved by Councillor Quiring, seconded by Councillor Lord: THAT Council appoints Councillor O'Keefe as Acting Mayor for the month of November, 2014. CARRIED.

APPOINTMENTRIBBONS OF GREEN TRAIL SOCIETY

(0230-56)

Moved by Councillor Quiring, seconded by Councillor Cunningham: THAT Council appoints Councillor Lord to the Ribbons of Green Trail Society, as the Council representative, until December 1, 2014. CARRIED.

GREATER VERNON PARKS, RECREATION AND CULTURE SERVICE CONVERSION AND SERVICE ESTABLISHMENT AMENDMENT BYLAW NO 2632, 2014

(7700-01)

Moved by Councillor Spiers, seconded by Councillor Cunningham: Letter dated June 19, 2014, from Jeanne Byron, Corporate Officer, Regional District of North Okanagan, re: consent for amendment Bylaw 2632, 2014. THAT Council, pursuant to the provisions of Section 801.4 of the Local Government Act, hereby consents, on behalf of the electors of the City of Vernon, to the Board of the Regional District of North Okanagan, adopting the following amendment bylaw:

Greater Vernon Parks, Recreation and Culture Service Conversion and Service Establishment Amendment Bylaw No.

2632,2014 A bylaw to amend Greater Vernon Parks, Recreation and Culture Service Conversion and Service Establishment bylaw No. 1648, by reducing the scope of the parks function. CARRIED.

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PAGE10 VERNON & DISTRICT MULTI-USE FACILITY LOCAL SERVICE ESTABLISHMENT AMENDMENT BYLAW NO. 2633, 2014 (0482-05-018)

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14,2014 Moved by Councillor Spiers, seconded by Councillor Lord: Letter dated June 19, 2014, from Jeanne Byron, Corporate Officer, Regional District of North Okanagan, re: consent for amendment Bylaw 2633, 2014. THAT Council, pursuant to the provisions of Section 801.4 of the Local Government Act, hereby consents, on behalf of the electors of the City of Vernon, to the Board of the Regional District of North Okanagan, adopting the following amendment bylaw: Vernon and District Multi-Use Facility Local Service Establishment Amendment Bylaw No. 2633, 2014 A bylaw to amend Vernon & District Multi-Use Facility Local Service Establishment Bylaw No. 1548, 1999m by reducing the scope of the service. CARRIED.

2013/2014 PACE CAR PROGRAM (8330-20-1 0)

Moved by Councillor Cunningham, seconded by Councillor Lord: THAT Council receives the memorandum dated June 24, 2015, titled 2013/2014 Pace Car Program from the Transportation Demand Management Coordinator, for information; AND FURTHER, that Council directs Administration to continue the Pace Car Program for the 2014/2015 School year and expand the program to include three additional schools; using the existing carryover grant for the Pace Car program ($900) allocated in the 2014 approved Transportation Demand Management budget. CARRIED.

2014 TRANSPORTATION DEMAND MANAGEMENT EVENTS PROGRAM BIKE TO SCHOOL AND WORK CAMPAIGN (6440-08)

Moved by Councillor Quiring, seconded by Councillor Cunningham: THAT Council receives the memorandum dated June 27, 2014 titled Transportation Demand Management Events - Bike to School and Work Campaign from the Transportation Demand Management Coordinator, for information. CARRIED.

TRANSPORTATION DEMAND MANAGEMENT EVENTS - CLEAN AIR DAY STATISTICS (6440-04)

Moved by Councillor Quiring, seconded by Councillor Lord: THAT Council receives the memorandum June 27, 2014, titled Transportation Demand Management Events - Clean Air Day Statistics, from the Transportation Demand Management Coordinator, for information.

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REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 CARRIED.

DELETION FROM HERITAGE REGISTRYANGLICAN CHURCH RECTORY- W.M. COCHRANE HOUSE, 3201 - 27 STREET (00093.000)

Moved by Councillor Lord, seconded by Councillor Quiring: THAT Council receives the memorandum dated June 26, 2014, titled Anglican Church Rectory/W.M. Cochrane House- Deletion from the Heritage Register (3201 - 27 Street) from the Manager, Current Planning, for information. CARRIED.

ENGINEERING & GIS DIVISION WORKLOAD PRIORITIES AND RESOURCE ALLOCATION (5205-01)

Moved by Councillor Spiers, seconded by Councillor Quiring: THAT Council receives the memorandum dated June 30, 2014, titled Engineering & GIS Division Workload, Priorities and Resource Allocation, from the Director of Engineering & GIS, for information. CARRIED.

GRANTS UPDATE (1855-21)

Moved by Councillor Cunningham, seconded by Councillor Quiring: THAT Council receives the memorandum dated July 4, 2014, from the Communications/Grants Coordinator, in regards to Grant Applications applied for and received from January 1 through June 30, 2014. CARRIED. REPORTS:

COMMUNITY WILDFIRE PROTECTION PLAN (7340-22)

Moved by Councillor Lord, seconded by Councillor Quiring: THAT Council endorse the Vernon Community Wildfire Protection Plan prepared by Forsite Consultants Ltd. as presented in Attachment 2 of the report titled Community Wildfire Protection Plan, dated July 3, 2014 from Manager, Building and Inspections; AND FURTHER, that Council direct Administration to review all existing bylaws and policies relating to development and fire prevention and direct staff to develop or amend bylaws and policies for Council's consideration to ensure consistency with the recommendations contained in the Vernon Community Wildfire Protection Plan before the end of 2014. CARRIED.

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PAGE12 25TH STREET NEIGHBOURHOOD TRAFFIC MANAGEMENT PROJECT - RESULTS OF CONSULTATION (5410-10 25 ST)

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 Moved by Councillor Quiring, seconded by Councillor Lord: THAT Council approve the installation in 2014 of the proposed crosswalks as shown in Attachment 9 of the report dated June 27, 2014 titled "25th Street Neighbourhood Traffic Management, Project - Results of Consultation" from the Transportation Engineer, source of funds is the non-Development Cost Charge portion of approved 2014 Capital budget. CARRIED. Moved by Councillor Quiring, seconded by Councillor O'Keefe: THAT Council directs Administration to contact Home Hardware to discuss the options that would encourage their customers using their 45th Avenue exit, not to proceed southbound along 25th Street to address some of the safety concerns raised by residents in this neighbourhood. CARRIED. Moved by Councillor Lord, seconded by Councillor Cunningham: THAT Council directs Administration to bring forward proposals for 25th Street traffic calming, as a 2015 capital project consideration in response to the consultation with the Neighbourhood Traffic Management Project. CARRIED.

SIDEWALK AND BOULEVARD AREA USE PERMITS CORPORATE POLICY- LIQUOR SERVICE PROVISION AMENDMENTS (0110-40)

Moved by Councillor Quiring, seconded by Councillor O'Keefe: THAT Council amend the Sidewalk and Boulevard Area Use Permits Corporate Policy, as outlined in Attachment 1 in the report titled Sidewalk and Boulevard Area Use Permits Corporate Policy- Liquor Service Provision Amendments dated July 4, 2014 from the Planning Assistant, to allow liquor sales on sidewalk patios and to clarify existing language within the policy. CARRIED.

VERNON GOLF AND COUNTRY CLUB LIQUOR LICENCE APPLICATION LOT A, PLAN 37576; AMENDED LOT 27 & AMENDED LOT 29, PLAN SSOPG; LOT A, PLAN 40103; PLAN

Moved by Councillor Spiers, seconded by Councillor Lord: THAT Council advise the Liquor Control and Licensing Branch (LCLB) that Council supports the application submitted by officials of the Vernon Golf and Country Club requesting a Liquor Primary Licence for a food and beverage establishment on the property located on Lot A, Plan 37576; Amended Lot 27 & Amended Lot 29, Plan 550PG; Lot A, Plan 401 03; Plan A381; Lot 1, Plan KAP53643, Sec 27, Twp 9, ODYD (800 Kalamalka Lake Road).

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PAGE13 A381; LOT 1, PLAN KAP53643, SEC 27, TWP 9, ODYD (800 KALAMALKA LAKE ROAD) (4320-20)

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014

Council's resolution of support addresses the following items in the LCLB resolution criteria contained in Part 10 and Part 11 of the Application for a Permanent Change to a Liquor Licence form: a.

The potential for noise if the application is approved. The potential noise from the Vernon Golf & Country Club is expected to be typical of a golf course and clubhouse establishment and is expected to have a minimal effect on adjacent properties; this is considered acceptable to City Council.

b.

The impact to the community if the application is approved. City Council considers that there would be minimal impact to the community if the proposed hours of operation for liquor sales from the main lounge, solarium and patio are 10:00 a.m. to 12:00 midnight every day of the week. and from the kiosk only from 10:00 a.m. to 9:00 p.m. every day of the week.

c.

Whether the amendment may result in the establishment being operated in a manner that is contrary to the primary purpose. Council does not consider that the requested liquor licence would result in the establishment being operated in a manner that is contrary to the P1 - Parks and Open Space zoning regulations that apply to the property.

d.

Views of residents were gathered. A total of 91 property owners, residents and business owners within a 60.0m radius of the subject property were notified in writing and requested to submit their comments to City Council concerning the subject application . Ads requesting public input were published in the Friday, May 9, 2014 and Sunday, May 11, 2014 editions of the Vernon Morning Star. Two responses were received as a result of the notifications; one respondent supported the application and the other respondent had concerns regarding the application due to the potential for crime. Local RCMP officials were notified of the application and expressed concerns regarding the kiosk hours of operation for liquor sales to midnight. The recommendation to the LCLB is to limit the house of operation for liquor sales from the kiosk to 9:00pm every day of the week.

CARRIED.

Councillor Quiring declared conflict of interest in the following matter as his firm is the Architect for the subject project. Councillor Quiring left the meeting at 3:59pm.

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PAGE 14 · ATHENA BRAHMAN CONTRACTING LTO. REQUEST TO EXTEND THE EXPIRY DATE FOR OFFICIAL COMMUNITY PLAN AMENDMENT BYLAW #5317, REZONING BYLAW #5318 AND DEVELOPMENT VARIANCE PERMIT #DVP00229 (6092 OKANAGAN LANDING ROAD (OCP00048, ZON00176, DVP00229)

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014

Moved by Councillor Lord, seconded by Councillor Cunningham : THAT pursuant to the "Bylaws - Inactive Policy", Council approve the request from Krystine Mcinnes of Athena Brahman Contracting Ltd. for a one year extension to the processing period for Official Community Plan Amendment Bylaw #5317 and Rezoning Bylaw #5318, and an extension to Development Variance Permit #DVP00229 for a seniors' supportive housing development on Lot 1, Plan KAP92604, DL 66, ODYD (6092 Okanagan Landing Road) with the extension to expire on June 27, 2015; AND FURTHER, that the applicant be advised that the subject extension approval is the third and final extension to be approved. Any further approvals would require the submission of new applications. CARRIED.

Councillor Quiring returned to the meeting at 4:03pm. TAMRAY ENTERPRISES LTO. -ANNEXATION AND SANITARY SEWER CONNECTION APPLICATIONS FOR LOT A, PLAN EPP21497, SEC 11, TP 8, ODYD (4803 PLEASANT VALLEY ROAD) (3370-20-27)

Moved by Councillor Lord, seconded by Councillor O'Keefe: THAT Council support and direct Administration to forward to the Province, the annexation application submitted by Paul Guidi of Tam ray Enterprises Ltd. for Lot A, Plan EPP21497, Sec 11, Tp 8, ODYD (4803 Pleasant Valley Road) as new information in relation to the Bjorn Edblad annexation applications for lands located along Pleasant Valley Road and Silver Star Road; AND FURTHER, that Council direct Administration to request the Regional District of North Okanagan to provide their consent, pursuant to Sec.13 of the Community Charter, for the City of Vernon to provide a sanitary sewer connection to Lot A, Plan EPP21497, Sec 11, Tp 8, ODYD (4803 Pleasant Valley Road), in advance of the property being annexed into the City of Vernon; AND FURTHER, that Council authorize a sanitary sewer connection be provided to Lot A, Plan EPP21497, Sec 11, Tp 8, ODYD (4803 Pleasant Valley Road) in advance of the property being annexed into the City of Vernon, subject to consent to provide a sanitary service connection being provided by the Regional District of North Okanagan and that an annexation consent covenant be registered on the title of the subject property. CARRIED.

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PAGE15 JUDY KERYLUKE ANNEXATION APPLICATION FOR LOT 1, PLAN 9046, SEC 11, TP 8, ODYD (5303 PLEASANT VALLEY ROAD) (3370-20-30)

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014

Moved by Councillor O'Keefe, seconded by Councillor Quiring: THAT Council support the annexation application submitted by Judy Keryluke for Lot 1, Plan 9046, Sec 11, Tp 8, ODYD (5303 Pleasant Valley Road); AND FURTHER, that Council authorize the Judy Keryluke annexation application be forwarded to the Province requesting that the application be included with the Bjorn Edblad annexation applications (Vernon File: 3370-20-27) and that the Province grant approval to undertake the advertising for the statutory thirty day petition period; AND FURTHER, that the Regional District of North Okanagan and the Okanagan Indian Band be advised of City Council's support of the annexation application submitted by Judy Keryluke as it forms a logical extension of the adjacent Edblad annexation area which has been forwarded to the Province for their review; AND FURTHER, that the Regional District of North Okanagan and Okanagan Indian Band be advised that their comments regarding the Keryluke annexation application would be forwarded to the Province for their consideration; AND FURTHER, that the Judy Keryluke annexation application be exempt from the portion of Council's existing policy titled "Annexation Applications" that would require the subject application be forwarded to the next annual review period commencing March 1, 2015. DEFEATED, with Councillor Spiers, Lord and Cunningham opposed.

BOB ARMSTRONG REQUEST TO EXTEND THE EXPIRY DATE FOR DEVELOPMENT VARIANCE PERMIT #DVP00228 FOR SEC 13, TP 13, ODYD (CHUM ROAD -COMMONAGE AREA) (DVP00228)

Moved by Councillor Cunningham, seconded by Councillor Lord : THAT Council deny the request from Bob Armstrong for a two year extension to the expiry date of July 20, 2014 for Development Variance Permit #DVP00228 for the subdivision of Sec 13, Tp 13, ODYD (Chum Road - Commonage Area); AND FURTHER, that Council approve a one year extension to the expiry date of July 20, 2014 for Development Variance Permit #DVP00228. CARRIED, with Councillor Spiers opposed.

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PAGE16 PROPOSED AMENDMENTS TO DEVELOPMENT APPLICATION PROCEDURE BYLAW #4103 AND FEES AND CHARGES BYLAW #3909 (3900-02 Fees & Charges)

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 Moved by Councillor Lord, seconded by Councillor Spiers: THAT Council support the proposed amendments to Development Application Procedure Bylaw #41 03 as outlined in red on Attachment 2 contained within the report dated July 2, 2014 titled Proposed Amendments to Development Application Procedure Bylaw #41 03 and Fees and Charges Bylaw #3909 by the Manager, Current Planning; AND FURTHER, that Council support the proposed amendments to Fees and Charges Bylaw #3909 as outlined in red on Attachment 3 contained within the report dated July 2, 2014 titled Proposed Amendments to Development Application Procedure Bylaw #41 03 and Fees and Charges Bylaw #3909. CARRIED.

SUBDIVISION AND DEVELOPMENT SERVICING BYLAW #3843, AMENDMENT OF SECTION 4 AND SECTION 7 - BUILDING PERMIT REQUIREMENTS FOR ADDITIONS AND RECONSTRUCTIONS (3900-02 Sub. Dev Serv)

Moved by Councillor Lord, seconded by Councillor Cunningham: THAT Council approve the amendment to the Subdivision and Development Servicing Bylaw #3843, Section 4 - Provision of Services in Subdivisions and Developments by adding the following text to 4.02;

Notwithstanding Subsection 4.01, connection to the City's storm sewer system may be waived for building permits relating to interior renovations and reconstruction of damaged buildings. Further, building permits for new single and two family homes, where no storm main is directly adjacent, as well as additions to single and two family homes may be waived where a registered professional has verified that an on-site storm disposal system is adequate. AND FURTHER, that Council approve the amendment to the Subdivision and Development Servicing Bylaw #3843, Section 7 Servicing Requirements for Highways Abutting a Site Being Subdivided or Developed by adding the following bold, italicized and underlined text to 7.01, a), ii): Where existing works are deemed adequate for the development proposed, no highway improvements, or connection to the City's storm sewer system shall be required. removing the and at the end of 7.01 ,b),i), 2. iv) adding to 7.01, b), i), 2.;

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PAGE17

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 vi)

Where the building permit application is for renovations or reconstruction of an existing building as a result of a fire or other catastrophe, at the discretion of the City Engineer, provided there is no change in use. or

vii)

Notwithstanding 7.01 of this Bylaw. where a building permit application for single or two family home involves an addition to a primary structure that will not ultimately increase the demand on the existing City infrastructure and provided there is no change in use.

CARRIED. PROVINCIAL UPDATE ON PRIVATE MOORAGE POLICY REQUIREMENTS AND ITS IMPLICATIONS ON ZONING BYLAW #5000 AND CITY PROCESSES (0410-30)

Moved by Councillor Spiers, seconded by Councillor Lord: THAT Council direct staff to continue to receive referrals from Front Counter BC regarding applications for private moorage and Crown Land Tenure as described within the Memorandum of Understanding between the City of Vernon and Front Counter BC dated September 18, 2008 (refer to Attachment 2); AND FURTHER, that staff continue to review and respond to these referrals by considering potential implications on city infrastructure, the Official Community Plan, the Transportation Master Plan and other supporting documents and regulations; AND FURTHER, that Council support amending the Zoning Bylaw #5000 by deleting "Section 5.13 Dock and Boatlift Regulations" and "Section 12.6 W1: Recreational Water Use" so as to provide clarity and consistency for owners and agents building a private moorage structure under the General Provincial Permission to use Crown Land (refer to Attachment 3). CARRIED. LEGISLATIVE MATTERS BYLAWS:

ADOPTION

Moved by Councillor Cunningham, seconded by Councillor Lord: THAT Bylaw #5503, "Bylaw Notice Enforcement (Business Licence) Amendment Bylaw Number 5503, 2014" a bylaw to amend the Bylaw Notice Enforcement Bylaw, be adopted. CARRIED.

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REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 Moved by Councillor Cunningham, seconded by Councillor Lord: THAT Bylaw #5504, "Municipal Ticketing Information (Business Licence) Amendment Bylaw Number 5504, 2014" a bylaw to amend the Municipal Ticketing Information (M.T.I.) Bylaw, be adopted. CARRIED. Moved by Councillor Spiers, seconded by Councillor Cunningham: THAT Bylaw #5266, "5350 Silver Star Road Plan Vernon Amendment Bylaw Number 5266, 2010" a bylaw to redesignate the subject property from 'Country Residential' to 'Hillside Residential', be adopted. CARRIED. Moved by Councillor Quiring, seconded by Councillor Lord: THAT Bylaw#5267. "5350 Silver Star Road Rezoning Amendment Bylaw Number 5267, 2014" a bylaw to rezone the subject property from "Country Residential" to "HR2 - Hillside Residential Multi Family", be adopted. CARRIED. Moved by Councillor Quiring, seconded by Councillor O'Keefe: "Plan Vernon (Predator Ridge THAT Bylaw #5347, Neighbourhood Plan) Amendment Bylaw Number 5347, 2011 ", a bylaw to amend the "City of Vernon Plan Vernon Bylaw No. 5151", be adopted (City of Vernon); AND FURTHER, that Bylaw #5354, "Predator Ridge (Neighbourhood Plan Area) Rezoning Amendment Bylaw Number 5354, 2013", a bylaw to rezone lands within the Predator Ridge Neighbourhood Plan, be adopted (City of Vernon); AND FURTHER, that Bylaw #5359, "Zoning Text (Predator Ridge Neighbourhood Plan Area) Amendment Bylaw Number 5359, 2013"- a bylaw to amend Zoning Bylaw 5000, be adopted. (City of Vernon) CARRIED.

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PAGE19 FIRST, SECOND & THIRD READINGS

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 Moved by Councillor Cunningham, seconded by Councillor Lord: THAT Bylaw #5506, "Sewer User Rates (Public Institutions) Amendment Bylaw Number 5506, 2014" a bylaw to amended Sewer User Rates Bylaw 5400, 2013, be read a first, second and third time.

CARRIED. Moved by Councillor Lord, seconded by Councillor Cunningham: THAT Bylaw #5500, "Recreation Services Fees & Charges (2014) Amendment Bylaw Number 5500, 2014" a bylaw to amend Recreation Fees & Charges Bylaw 5472, 2013, be read a first, second and third time.

CARRIED. FIRST & SECOND READINGS AND PUBLIC HEARING DATE

Moved by Councillor Lord, seconded by Councillor Quiring: THAT Bylaw #5507 "Dock and Boatlift Regulations Text Amendment Bylaw Number 5507, 2014" a bylaw to amend Zoning Bylaw 5000, be read a first and second time; AND FURTHER, that the Public Hearing for Bylaw #5507, be scheduled for Monday, August 11, 2014, at 5:30 pm, in Council Chambers.

CARRIED. COUNCIL INFORMATION UPDATES: COUNCILLOR QUIRING Councillor provided a verbal report on the following matters:

• Meeting/Event Attendance

• •

Attended the 'Whitetail Premier' event at Predator Ridge Attended Okanagan Spring Brewery Expansion announcement event

COUNCILLOR LORD Councillor provided a verbal report on the following matters:

• Meeting/Event Attendance

• • •

Attended Okanagan Spring Brewery Expansion announcement event Attended Okanagan Basin Water Board media release- 'Make Water Work' project event Excellent Canada Day Event attended

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PAGE 20

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014 COUNCILLOR CUNNINGHAM Councillor provided a verbal report on the following matters:

• Meeting/Event Attendance

• • •

Attended 'Welcoming Communities' Event with Kevin Poole, Manager, Economic Development & Tourism Attended fund raiser for Transition House hosted by The Rise Attended Steering Committee Meeting for the Master Culture Plan at Mackie House

COUNCILLOR SPIERS Councillor provided a verbal report on the following matters: • Meeting/Event Attendance

e

Noted Clock on Civic Grounds is not operational, will soon be fixed

MAYOR ROB SAWATZKY Mayor Sawatzky provided a verbal report on the following matters: • Meeting/Event Attendance

• • •

Thanks to Councillors who worked on Patrick Nicol Memorial which was revealed on Canada Day to a large crowd Thanks to Councillor Lord for attending Okanagan Spring Brewery event on his behalf Attended and participated in charity fundraiser at The Rise wherein $8200 was raised for Transition House

INFORMATION ITEMS: Council received the following information items: A. Letter dated June 19, 2014, from Gail Shea, Ministry of Fisheries and Oceans, re: Receipt of Council correspondence in relation to zebra and quagga mussels. B. Letter dated June 30, 2014, from Minister Mary Polak, Ministry of Environment, re: Receipt of Council correspondence in relation to zebra and quagga mussels.

C. Letter dated June 26, 2014 from Minister Coralee Oakes, Ministry of Community, Sport and Cultural Development, re: Medical Marihuana Production in BC. D. Copy of Letter from Mayor Deb Walter, City of Pitt Meadows, to Ministry of Community, Sport and Cultural Development, re: Unified Building Code Effect on Local Governments Provision of Public Safety.

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PAGE 21

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014

E. Minutes from the following Committees of Council: Economic Development Advisory Committee, December 3, 2013 (ii) Tourism Advisory Committee, May 21, 2014. (i)

F.

Public Input Agenda for July 14, 2014)

G. 2013 Annual Report and Audited Financial Statements H. Public Hearing Agenda for July 14, 2014 (distributed by separate package) RECESS

Mayor Sawatzky temporarily adjourned the Regular Open Meeting of the Council of the Corporation of the City of Vernon at 4:30p.m.

RECONVENE

Mayor Sawatzky reconvened the Regular Open Meeting of the Council of the Corporation of the City of Vernon at 6:15 p.m. PRESENT:

Councillors:

Staff:

THIRD READING

Mayor R. Sawatzky B. Spiers, J. Cunningham, C. Lord, B. Quiring, M.J. O'Keefe W. Pearce, Chief Administrative Officer P. Bridal, Director, Corporate Services S. Blakely, Manager Legislative Services T. Laing Gahr, Communications and Grants Coordinator D. Rintoul, Manager, Current Planning K. Flick, Director, Community Development Moved by Councillor O'Keefe, seconded by Councillor Lord: THAT Bylaw #5492, "Zoning Text (Marihuana for Medical Purposes Regulations) Amendment Bylaw Number 5492, 2014"- a bylaw to amend Zoning Bylaw #5000, be read a third time. CARRIED.

Moved by Councillor Quiring, seconded by Councillor Cunningham: THAT Bylaw #5501, "Zoning Text (Secondary Suites) Amendment Bylaw Number 5501, 2014"- a bylaw to amend Zoning Bylaw#5000, be read a third time. DEFEATED, with Councillors Cunningham, Spiers, and Lord opposed.

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PAGE 22

REGULAR OPEN MEETING OF COUNCIL MONDAY, JULY 14, 2014

Moved by Councillor Lord, seconded by Councillor Quiring: THAT Council support amending Zoning Amendment Bylaw #5000 to delete the regulation that the property owner reside in either the primary unit or secondary suite in the case of single detached housing with a secondary suite; AND FURTHER, that Council support amending Sewer User Rates Bylaw #5400 to delete the regulation where the property owner is to reside in either the primary unit or secondary unit in order to be exempted from additional base fees for sanitary sewer; AND FURTHER, that Council support amending Zoning Bylaw #5000 to establish that only one dwelling unit in single detached housing with a secondary suite be allowed as a rental unit. CARRIED, with Councillors Spiers and Cunningham opposed. PUBLIC INPUT ON 2013 ANNUAL REPORT

Moved by Councillor Spiers, seconded by Councillor Quiring: THAT Council directs Administration to respond in writing to both written and verbal input received at the Public Input session regarding the 2013 Annual Report; AND FURTHER, that the responses be posted on the City of Vernon website for public information. CARRIED.

CLOSE

Mayor Sawatzky closed the Regular Open Meeting of the Council of the Corporation of the City of Vernon at 6:36p.m. CERTIFIED CORRECT:

Rob Sawatzky Mayor

Patti Bridal Corporate Officer

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THE CORPORATION OF THE CITY OF VERNON MINUTES OF A SPECIAL REGULAR OPEN MEETING HELD WEDNESDAY, JULY 16,2014 REGIONAL DISTRICT BOARD ROOM 9848 ABERDEEN ROAD, GOLDSTREAM JOINT MEETING WITH REGIONAL DISTRICT OF NORTH OKANAGAN BOARD AND DISTRICT OF GOLDSTREAM COUNCIL

PRESENT:

Mayor Rob Sawatzky

Councillors:

J. Cunningham, B. Spiers, C. Lord, M.J. O'Keefe (B. Quiring, absent)

Staff:

W. Pearce, Chief Administrative Officer P. Bridal, Director, Corporate Services K. Flick, Director, Community Development

Others:

District of Goldstream Council and Staff: Councillor Kiss Councillor Firman Councillor Besso Councillor Dirk

T. Siebel, Chief Administrative Officer K. Austin, Corporate Officer Regional District Board of Directors and Staff: Chair- Rick Fairbairn, Area D Director Shirley Fowler, Armstrong Director Howie Cyr, Enderby Director Mike Macnabb, Area C Director Jackie Pearase, Area F Director Eugene Foisy, Area E Director Janice Brown, Spallumcheen Alternate Director, Lori Mindnich, Lumby D. Sewell, Administrator, NORD J. Byron, Corporate Officer, NORD L. Mellot, Gen Mgr. Electoral Area R. Smailes, General Manager, Planning and Building K. Pinkoski, Parks Planner A. Kittel, Regional Growth Strategy Coordinator

J. Sundin, CFO, Lumby P36

PAGE 2

SPECIAL REGULAR OPEN -JULY 16,2014 JOINT MEETING WITH RDNO BOARD & COLDSTREAM COUNCIL

CALL TO ORDER

Mayor Sawatzky called the meeting to order at 2:03 pm.

AGENDA ADOPTION

Moved by Councillor Cunningham, seconded by Councillor Lord: THAT the Agenda for the July 16, 2014, Special Regular Open Meeting be adopted. CARRIED.

RESOLUTION TO CLOSE

Moved by Councillor Lord, seconded by Councillor Cunningham: BE IT RESOLVED that the meeting be closed to the public in accordance with Section 90 of the Community Charter as follows:

e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the municipality; k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the municipality if they were held in public CARRIED. CLOSE

Mayor Sawatzky closed the meeting at 3:25 pm CERTIFIED CORRECT:

Mayor

Corporate Officer

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THE CORPORATION OF THE CITY OF VERNON RECORD OF A PUBLIC INPUT 2013 ANNUAL REPORT HELD MONDAY, JULY 14, 2014, AT COUNCIL CHAMBERS 3400 - 30 STREET, VERNON, B.C.

PRESENT:

Mayor Sawatzky

Councillors: B. Spiers, J. Cunningham, C. Lord, B. Quiring, M. J. O'Keefe Staff:

W. Pearce, Chief Administrative Officer P. Bridal, Director, Corporate Services S. Blakely, Manager, Legislative Services T. Laing Gahr, Communications & Grants Coord D. Law, Accounting Supervisor K. Flick, Director, Community Development S. Koenig, Director, Operations R. Dickinson, Director, Engineering & GIS

Others:

Media & Members of the Public

Mayor Sawatzky called the Public Input to order at 4:35p.m. Mayor Sawatzky advised those in attendance that the purpose of the Public Input was to provide residents with an opportunity to speak to the 2013 Annual Report. Patti Bridal, Corporate Officer, advised that one written submission had been received, as follows: Date Received July 14, 2014

Name Barry Beardsell

The Corporate Officer advised that advertisements of this opportunity were published in the June 29 and July 6, 2014 issues of the Vernon Morning Star. Mayor Sawatzky called for representation from the public in attendance who wished to speak to the 2013 Annual Report.

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PAGE2

PUBLIC INPUT - MONDAY, JULY 14, 2014

NAME

COMMENTS

Rob Tupper

•

• • Brent Bond

• • • • • •

Attended Mayors & Planners breakfast - well done Continues to hear from clients when they make development applications to the City Please be aware that applicants are very sensitive as to the reception they get, and that this determines whether they move forward on a project or not Q. Page 120- number of employees FTE Fire & Rescue

Noted in 2013 41.5 Employees at Vernon Fire Rescue Is only aware of 34 FTE employees, but was recently informed Emergency Planning is included, which brings the count up to 36.5 positions -can the remaining discrepancy be explained? A. Law . FTE includes overtime and Fire Rescue has a fair amount of overtime which may account for difference Q . Believes this would only amount to another 1.5 positions? A. Staff will investigate and advise

Mayor Sawatzky called a final time for representation, and there being none, closed the Public Input session for the 2013 Annual Report. CLOSE: The Public Input closed at 4:43 pm

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THE CORPORATION OF THE CITY OF VERNON

RECORD OF A PUBLIC HEARING OF COUNCIL HELD MONDAY, JULY 14,2014 COUNCIL CHAMBERS 3400- 30 STREET, VERNON, B.C. PRESENT:

Mayor R. Sawatzky

Councillors: B. Spiers, J. Cunningham, C. Lord, M.J. O'Keefe, (B. Quiring, 5:31 pm) Staff:

W . Pearce, Chief Administrative Officer P. Bridal, Director, Corporate Services S. Blakely, Manager, Legislative Services T. Laing Gahr, Communications and Grants Coordinator K. Flick, Director, Community Development D. Rintoul, Manager, Current Planning

Others:

Members of the Public

Mayor Sawatzky called the Public Hearing to order at 5:30 p.m. Mayor Sawatzky outlined the procedures to be followed. Corporate Officer, Patti Bridal advised that Notice of the Public Hearing was published in the Sunday, July 6, 2014, and Wednesday, July 9, 2014 issues of the Morning Star Newspaper, as required by the Local Government Act. Councillor Quiring entered the meeting at 5:31 pm.

(a)

"Zoning Text (Marihuana for Medical Purposes Regulations) Amendment Bylaw Number 5492, 2014" Applicant: . Purpose:

City of Vernon A Bylaw to amend Zoning Bylaw #5000 to permit medical marihuana production facilities as per the federal Marihuana for Medical Purposes Regulations in the A 1 -Agricultural in the ALR zoning district and in the 11 -Light Industrial zoning district. The production facility would be limited to separate detached, single use buildings in the A 1 zoning district. In the 11- Light Industrial zoning district the medical marihuana production facility use would be permitted in multi-tenant buildings as well as separate detached, single use buildings. Parking and loading provisions are included with the bylaw amendment, as well as definitions for marihuana and medical marihuana production facility.

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PAGE2

PUBLIC HEARING OF COUNCIL- MONDAY, JULY 14, 2014

Prior to Public Hearing, no written submissions were received. Staff provided a review of the proposed text amendment. Mayor Sawatzky called a first time for representation from the public in attendance with regard to "Zoning Text (Marihuana for Medical Purposes Regulations) Amendment Bylaw Number 5492, 2014". Mayor Sawatzky called a second, third and final time for representation from the public. There being none, Mayor Sawatzky closed the Public Hearing for "Zoning Text (Marihuana for Medical Purposes Regulations) Amendment Bylaw Number 5492, 2014".

(b)

"Zoning Text (Secondary Suites) Amendment Bylaw Number 5501, 2014" Applicant:

City of Vernon

Purpose:

To amend Zoning Bylaw #5000 by deleting the requirement that the property owner is to reside in either the primary unit or secondary suite when a secondary suite is located within single detached housing.

Prior to Public Hearing, no written submissions were received. Staff provided a review of the proposed text amendment. Mayor Sawatzky called a first time for representation from the public in attendance with regard to "Zoning Text (Secondary Suites) Amendment Bylaw Number 5501, 2014".

Name Chris Brothen

Comments • Introduced four neighbours present in support of his position • Not opposed to intent or objective • Has suite in basement and may wish to rent one day • Secondary suites assist in home ownership and help to keep families together longer • Concerned that alternatives have not been considered • Obvious benefits to owners and renters with secondary suites • Can alter nature of neighbourhoods • Suites do not contribute fairly to utility costs in the Community • Hard to regulate and enforce suites • This bylaw proposed due to legal advice received • To date there has not been a challenge to requirement in any jurisdiction in BC • Report to Council stated Affordable Housing Committee requested this change • Subsequently investigated the proposed amendment and contacted 11 Municipalities

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PAGE3

PUBLIC HEARING OF COUNCIL- MONDAY, JULY 14,2014

• Ten responded, 5 Municipalities did not require owner occupancy and 5 did require or required a Property Management Company to administer • More suitable question could have been 'How many suites are permitted per single family residence'? . • Results would have been much different • City of Kelowna and West Kelowna - recently amended bylaws and permit only one suite per residence • · Both Communities have noted no increase in related complains • Believes this is food for thought and perhaps Council would like to consider this information • Report received provides some alternatives that unfortunately have not been recommended • Council has been informed as to what they cannot do, but should consider what they can do • Appendix B of Newspaper Article read - Local Government has wide power to regulate, prohibit and impose alternatives • Subsection 903 of LGA referenced • Zoning Bylaw can designate where suites can exist and also limit to one suite per lot • Provisions also respecting size of suites and geographical areas, parking requirements , and not permitting where other uses exists • Also to require Building Code be met on new build suites • Apparent that Local Governments do have a wide range of power to regulate secondary suites and mitigate affects in single family residential neighbourhoods • Group hopes Council will consider some of the alternatives mentioned • Not a case of NIMBY, but neighbourhood can attest to issues with suites in their area (parking, garbage pickup, etc.) • Neighbourhood also supports a group home that does, and always has, fit into neighbourhood • Supports affordable housing for all, but please consider input Barry Beardsell

• Q. If the Bylaw was left the way it is and it was challenged, what would be the consequence to the City of Vernon should the bylaw fail? • A. Rintoul - It would be up to the Judge to decide any resulting damages since the COV has knowledge that the bylaw is unenforceable • Zoning Bylaw may not stand up in many ways if ever questioned in Court

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PAGE 4

PUBLIC HEARING OF COUNCIL- MONDAY. JULY 14,2014 • The Bylaw was brought forward in good faith by the Council of day and it was strongly decided to include owner occupancy requirement • Now going on a whim, based on one person's complaint • Alternative was offered to permit only one suite per dwelling and that was reasonable • Report noted that this would require a tracking system and staff resources • The recommendation still includes one year monitoring which would cost the same in staff resources • Alternately recommends that if the owner does not reside, a Property Manager must be retain, but also suggests one year monitoring • For most tax payers their home is their largest asset and they deserve protection for their investment • When someone buys in a Single Family Zone-theywantthat to be maintained • If you only permit one suite, the nature of the neighbourhood can be protected • Single Family Zoning is just that • Goldstream offers this protection to homeowners • Council has already permitted secondary suites and has not dealt with problems that arose (parking, snow removal, road width) • Have addressed affordable housing with suites, why go this extra·step? • Penticton, North Van, and Chilliwack do not permit what Vernon is suggesting • Penticton is best comparable- not Kelowna as they have way more problems than Vernon does • Adopt Alternate 1 Recommendation and do not pander to one request • Please recognize the integrity of existing homeowners- that is Council's obligation • Preference is to leave regulations that are currently in place, or secondly to choose Alternative 1 in the report • If complaints are received and look at bylaw enforcement, as it won't go anywhere anyway

Colleen Northgraves

• • • •

Supports the comments of both speakers Please consider before making a decision Affects all of Vernon, not just their neighbourhood Suites have valid points in offering affordable housing

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PAGES

PUBLIC HEARING OF COUNCIL- MONDAY, JULY 14,2014 • Personal situation exists across the street where both units are rented and problems with parking, snow clearing etc. have been caused • Encourage Council to hear what Presenters have said • Look at comparables across the Province

Cathy Brothen

• Several houses in area are rented top and bottom • Rent high is, so upper suite rented to 6 people, all with vehicles • Who will police that? • Problems are ballooning • Unfair for . those who have put earnings into single family homes • Renters create high turnover in neighbourhood • Animals come with renters • Not what they bought their house in this area for • Problems in particular on weekends

Bill Wagner

• Social experiment by getting rid of owner residency requirement • Introduces business into residential area • Only two Council Members live on East Hill • Will not bother him, but house fronting on 251h Avenue bought by business person and employee built behind - both those places had preparations for a suite • One has now been sold, so problem is gone, but could have faced two sets of suites • Social use for it, but what information does Council have that this works? • Great policy unless it's in your backyard • How many permitted per block? How many permitted on East Hill? • People take advantage of these rules • Developers will buy three or four lots and build again with suites - can't predict how bylaws will be used • Seems to be a sparcity of rules • Q. Understand they have to apply? A. Business Licence application required. All legal suites posted on website • Socially acceptable, but some rules are required

Mayor Sawatzky called a second, third and final time for representation from the public. There being none, Mayor Sawatzky closed the Public Hearing for "Zoning Text (Secondary Suites) Amendment Bylaw Number 5501, 2014".

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PAGES

PUBLIC HEARING OF COUNCIL- MONDAY, JULY 14, 2014

CLOSE: The Public Hearing closed at 6:15p.m.

CERTIFIED CORRECT:

Rob Sawatzky Mayor

Patti Bridal Corporate Officer

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Gary Butt Vemon,B.C. · 09June 2014

Mayor R. Sawatzky City ofVemon 3001-32 Avenue Vernon, B.C. V1T 2L8

Dear Mr. Mayor, I am writing you regarding the Vernon bylaw which allows the.use of campfires and fire appliances within the City of Vemon. Earlier this week my neighbour behind me began using a campfire in his backyard. Even though the fire was within the permitted size i.e. within one meter in size, the smoke was very strong and soon entered my house through the open windows of our bedrooms that all face on that side of the house. In a short time our house had a very strong smell of smoke, requiring us to close all the windows in the house in order to keep the smell and smoke out. I could not even sit in our backyard because of the smell and smoke. The problem for me is increased by the fact that the offending house is below me on the lower side of a hill, and my house is -a two story home, thus the smoke raises up right into my yard and house. I can best describe it as the smell and smoke you have when there is a . forest fire in the area. I phoned the City Bylaw Enforcement Section who advised me that campfires are allowed within the city of V emon, provided they are less than one meter in size and are not less than 5 meters from a property line or combustibJe materials. I was absolutely shocked to leam that any campfire or outdoor wood burning appliances were allowed. Vernon is a city where most of the lots are normal, city sized lots, as opposed to rural lots where people live on acreage, allowing greater distances between neighbouring houses. The back of my house is 6.25 meters from his property line, thus his campfire is only 11.25 meters from my house. Allowing campfires and wood burning appliances to operate within the City poses a health risk to many people. My wife for example suffers from bronchitis, and my daughter in law suffers :fi.·om asthma. The smoke is very in:ating to them, as I am sure it would be to any person with breathing problems. Since this is my home, I can' t simply pack up as if it were a RV and go somewhere else.

P46

The indiscriminate burning of wood during the summer also contributes to the needless increase of green house gases, as well as air pollution. While this may be a necessary evil in winter where people are heating their homes to stay warm, it is not necessary in the sumrner. Also, in winter the smoke escapes thmugh the chimney above most homes, and people have their windows closed. Buming cam:pfrres in summer is only done so some people can roast hot dogs on a camp fire; all the while many other people are exposed to health hazards and lose the enjoyment oftheir property. If people want a backyard campfire, they can purchase a gas operated campfire which is perfectly safe but will not emit smoke or ash, or they can go to one of the many city parks that offer fire pits.

I would very much appreciate your thoughts on the matter, and whether you would support an amendment to the current bylaw to prohibit all backyard carupfrres and wood burriing appliances. Would itbe possible for me to address this issue to Counsel? I can be contacted at the above address, via email at at 250-

or by telephone

Thank_ you for you ti.J.-ue and consideration in this matter.

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0RIG INAL

THE CORPORATION OF THE cITY OF VERNON

REPORT/RECOMMENDATION TO COUNCIL SUBMITTED BY:

Carie Liefke, Planning Assistant

DATE: FILE:

SUBJECT:

July 31, 2014 DVP00299

RICHARD LARSEN - DEVELOPMENT VARIANCE PERMIT APPLICATION FOR LOT 4, BLK 3, PLAN 383PH, SEC 3, TP 8, ODYD (4107- 29 STREET)

PURPOSE:

To review the development variance permit application submitted by Richard Larsen to vary the minimum side yard regulations in Zoning Bylaw #5000 in order to construct a stacked row housing project on the property located at 4107 - 29 Street. RECOMMENDATION:

THAT Council support the development variance permit application submitted by Richard Larsen for Lot 4 Block 3 Plan 383PH Section 3 Township 8 ODYD (4107- 29 Street) to vary the minimum side yard regulations of the RH1: Low-Rise Apartment Residential zoning district in Zoning Bylaw #5000 in order to construct a stacked row housing project, subject to the following conditions: a) The minimum north side yard shall be reduced from 4.5m to 1.5m; b) The minimum south side yard shall be reduced from 4.5m to 3.0m; and c) That the site plan, as shown on Attachment 3 in the report dated July 18, 2014 by the Planning Assistant and titled Richard Larsen - Development Variance Permit Application for Lot 4 Block 3 Plan 383PH Sec 3 Township 8 ODYD (41 07 - 29 Street), shall be attached to and form part of Development Variance Permit #DVP00299 as Schedule 'A'. ALTERNATIVES & IMPLICATIONS:

1. THAT Council support the development variance permit application submitted by Richard Larsen for Lot 4 Block 3 Plan 383PH Section 3 Township 8 ODYD (4107- 29 Street) to vary the minimum side yard regulations of the RH1: Low-Rise Apartment Residential zoning district in Zoning Bylaw #5000 in order to construct a stacked row housing project, subject to the following conditions: (to be cited by Council).

Note: This alternative supporls the development variance permit application subject to the conditions that would vary from those recommended by staff. 2. THAT Council deny the development variance permit application submitted by Richard Larsen for Lot 4 Block 3 Plan 383PH Section 3 Township 8 ODYD (4107- 29 Street) to

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-2vary the minimum side yard regulations of the RH1: Low-Rise Apartment Residential zoning district in Zoning Bylaw #5000 for a proposed stacked row housing development. Note: If this alternative is selected, the applicant would not be able to proceed with the proposed development as the minimum building setbacks proposed by the applicant do not meet the provisions of Zoning Bylaw #5000. ANALYSIS: A.

Committee/Board Recommendations: At its meeting of July 29, 2014, the Advisory Planning Committee considered the subject application and passed the following resolution: THAT the Advisory Planning Committee recommends Council support the development variance permit application submitted by Richard Larsen for Lot 4 Block 3 Plan 383PH Section 3 Township 8 ODYD (4107- 29 Street) to vary the minimum side yard regulations of the RH1: Low-Rise Apartment Residential zoning district in Zoning Bylaw #5000 in order to construct a stacked row housing project, subject to the following conditions: a) The minimum north side yard shall be reduced from 4.5m to 1.5m, b) The minimum south side yard shall be reduced from 4.5m to 3.0m; and c) That the site plan, as shown on Attachment 3 in the report dated July 18, 2014 by the Planning Assistant and titled Richard Larsen Development Variance Permit Application for Lot 4 Block 3 Plan 383PH Sec 3 Township 8 ODYD (4107- 29 Street}, shall be attached to and form part of Development Variance Permit #DVP00299 as Schedule 'A'.

B.

Rationale: 1. The subject property (refer to Attachments 1 and 2) is located within the City Centre Neighbourhood Plan area as per Official Community Plan 2008. The property is designated Residential Small Lot- Single and Two Family. The property is zoned RH1 - Low Rise Residential (refer to Attachment 7) which permits a number of multiple family residential building types. The applicant is proposing a stacked row housing building on the property which is a permitted use in the RH1 zoning district. 2. The subject property has an area of659.9 m2 . The maximum base density in the RH1 zoning district is 100 units per gross hectare. Therefore, a maximum of 7.0 units (6.599 units round up to 7.0 units) would be permitted on the property, subject to the project meeting all the provisions (ie. setbacks, height, site coverage, open space, parking, etc.) in the Zoning Bylaw #5000. 3. The applicant is proposing to construct a four unit stacked row housing building on the property and intends to use the building for rental housing. The proposed building

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-3is to be two storeys in height (6.9 m) with two units on each floor. (refer to Attachments 3, 4, 5 and 6). 4. The minimum side yard setback in the RH1 zoning district is 4.5m. As the subject property is 15.2m wide, the required side yard setback would result in a buildable area that is only 6.25m wide. The applicant has requested a variance to the minimum side yard setback in order to create a more practical building width of 10.4m (each dwelling unit would be 5.2m wide. The following side yard setback variances are proposed: a. reduce the minimum north side yard from 4.5m to 1.5m; and b. reduce the minimum south side yard from 4.5m to 3.0m. 5. The proposed building is sited on the property to create good street presentation with vehicle parking placed at the rear and accessed from the adjacent lane. The proposed building fits with the small scale format of existing residential development in the area, while creating opportunities for an alternative housing format in the neighbourhood. 6. The proposed building is off-set to the north to allow the installation of a sidewalk and green space on the south side of the building (refer to Attachment 4). This sidewalk allows for outside pedestrian access from the front yard to the rear yard areas. Locating the sidewalk on the south side results in pushing the building closer to the north property line, which may increase shading for the adjacent property to the north. However, the larger setback on the south side would allow for more sunlight on that side of the property. 7. The property is has been designated as RSL- Residential Small Lot (single and two family dwelling) within the Official Community Plan (OCP); this designation suggests single family and semi-detached housing forms and also encourages ground oriented multiple family developments. The proposed development fits with the intent of the Official Community Plan and City Centre Neighbourhood Plan to create additional ground oriented residential development within the City Centre. 8. When reviewing the setback requirements of zoning districts which permit single and two family dwellings it is found that the side yard variance requested by the applicant is in line with the yard setbacks of housing forms suggested by the OCP. The comparison of these zoning districts is included below: Zoning District R4:Small Lot Residential R5A: Semi-Detached Residential RM1: Row Housing Residential Proposal

Side Yard _{_min.) 1.5m for a 2 or 2.5 storey building 2.5m for a 2 or 2.5 storey building 1.2m 1.5m (north) and 3.34m(south)

Height (max.) 1Om or 2.5 storeys 1O.Om or 2.5 storeys 1Om or 2.5 storeys 6.9m; 2 storeys

P50

-49. Height regulations were included in the above analysis of the zoning districts as larger buildings in a neighbourhood that is redeveloping has the potential to impact existing development. Specifically, larger buildings with reduced setbacks have the potential to impact adjacent properties by creating shade (blocking light). As the proposed development would have height and yard setback requirements that are consistent with other housing forms that are supported by the OCP, it is recommended that the variance application be supported.

C.

Attachments: Attachment 1 - property location map Attachment 2 - aerial photo of property Attachment 3 - proposed site plan Attachment 4 -proposed landscape plan Attachment 5 - proposed floor plans Attachment 6 - proposed elevation plans Attachment 7- copy of the RH1 zoning district

D.

Strategic Plan Objectives: The subject development variance permit application involves the following objectives in Council's 3 Year Strategic Plan: ~ ~

E.

Business friendly, globally competitive Wise Planning

Policy (Existing/Relevance/None): 1. The property is designated RSL- Residential Small Lot- Single and Two Family as per the Official Community Plan (2008). 2. The property is zoned RH1: Low-Rise Apartment Residential in accordance with Zoning Bylaw #5000. The minimum side yard requirement of the RH1 zoning district is4.5m.

F.

Relevant History: N/A

G.

Applicant's Response: The applicant has been provided with a copy of the staff report for their review and the opportunity to provide Council with their comments regarding the report.

H.

Reasons for Bylaw: N/A

P51

-5I.

Resources: N/A

BUDGET IMPLICATIONS: N/A Prepared by:

to Council:

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Carie Liefke, Planning Assistant

Date: _ _ _

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NOTE: City Administrator's comments will be provided if required as an addendum to the report g:\3000-3699 land administration\3090 development variance permits\20 applications\201-300\00299 4107 29 stlrpt\140731 cl councilrpt.docx

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P267

THE CORPORATION OF THE CITY OF VERNON

ORIGINAL

REPORT/RECOMMENDATION TO COUNCIL SUBMITTED BY:

Dale Rintoul Manager, Current Planning

DATE:

FILE: SUBJECT:

July 22, 2014 ZON00180

LAKESIDE DEVELOPMENT CORPORATION - REQUEST TO EXTEND THE EXPIRY DATE FOR REZONING BYLAW #5326 (7762, 7764 AND 7766 OKANAGAN LANDING ROAD)

PURPOSE:

To review a request from Paul Gaskin of Lakeside Development Corporation for Council to grant a one year extension for a single family bare land strata lot subdivision of the properties at 7762, 7764 and 7766 Okanagan Landing Road. RECOMMENDATION:

THAT pursuant to the "Bylaws - Inactive Policy", Council approve the request from Paul Gaskin of Lakeside Development Corporation for a one year extension to the processing period for 7762 , 7764 and 7766 Okanagan Landing Road Rezoning Amendment Bylaw #5326, 2011 for a single family bare land strata lot subdivision of Lots 1, 2 and 3, Sec 19, Tp 9, Plan KAP77195, ODYD (7762, 7764 and 7766 Okanagan Landing Road) with the extension to expire on August 8, 2015; AND FURTHER, that the applicant be advised that the subject extension approval is the third and final extension to be approved. Any further approval would require the submission of a new rezoning application. ALTERNATIVES & IMPLICATIONS:

1. THAT pursuant to the "Bylaws - Inactive Policy", Council deny the request from Paul Gaskin of Lakeside Development Corporation for a one year extension to the processing period for 7762, 7764 and 7766 Okanagan Landing Road Rezoning Amendment Bylaw #5326, 2011 for a single family bare land strata lot subdivision of Lots 1, 2 and 3, Sec 19, Tp 9, Plan KAP77195, ODYD (7762, 7764 and 7766 Okanagan Landing Road). Note: Denial of the request would result in the bylaw being rescinded. Any further approval related to the rezoning of the subject properties would require the submission of a new rezoning application. The new application would generate a new bylaw and the opportunity for public input at a specific stage in the process.

P268

-2ANALYSIS: A.

Committee/Board Recommendations:

At its meeting of June 20, 2011, the Advisory Planning Board passed a resolution that recommended City Council support the subject rezoning application. B.

Rationale:

1. The subject properties (refer to Attachments 1 and 2) are designated Residential Medium Density on the Land Use Map in the Official Community Plan (2008). The properties are currently zoned RH1 - Low Rise Apartment. The R4 - Small Lot Residential zoning district proposed for the properties conforms to the land use designation and related policy provisions in the Official Community Plan (2008) . 2. The proposed single family bare land strata lot subdivision plan (refer to Attachment 5) meets the following Guiding Principles which form the basis of the Official Community Plan (2008): ~ ~ ~

ensure housing meets the needs of the whole community create strong, compact and complete neighbourhoods ensure development pays for itself

3. The three existing lots have a combined area of approximately 8.4 acres. The RH 1 zoning district allows for a maximum base density of 40.5 units per acre. Such a density provision would allow up to 340 units. The proposed 41 bare land strata lots, as shown on Attachment 5, would result in a density of 4.9 units per acre. 4. Staff support the rezoning bylaw as it would result in a lower profile development, with less visual impact on the site than could be constructed in accordance with current zoning provisions. The proposed bare land strata development would be less of an impact on neighbouring lands while providing a desired housing type. 5. Staff support the request to further extend the processing period for the rezoning bylaw by one year. As noted by the applicant in their letters (refer to Attachments 3 and 4), they are actively working towards completing their plans for the subject properties. If the subject extension request is approved, it would be the third extension for the rezoning bylaw. The Public Hearing for the subject rezoning bylaw was held on July 22, 2011. Since that date, some of the area residents may have changed. New residents may not be aware there is a rezoning bylaw in progress for the subject vacant properties. Staff recommend the third extension be the last extension approved. Should the bylaw not proceed prior to the proposed extended expiry date of August 8, 2015, then the applicant could submit a new rezoning application which could trigger a new rezoning bylaw and a new Public Hearing.

P269

-3C.

Attachments: Attachment 1 -property location plan Attachment 2 -aerial photo of property Attachment 3- letter dated July 18, 2014 from Paul Gaskin of Lakeside Development Corporation Attachment 4 -letter dated July 21, 2014 from Paul Gaskin of Lakeside Development Corporation Attachment 5 - proposed bare land strata lot subdivision plan

D.

Strategic Plan Objectives: The subject application involves the following objectives in Council's 3 Year Strategic Plan: );> );>

E.

wise planning business friendly, globally competitive

Policy (Existing/Relevance/None): 1. The subject property is designated Residential - Medium Density in the Official Community Plan (OCP) and the proposed R4- Small Lot Residential zoning district conforms to the policies and designation in the OCP. 2. Council has adopted the policy entitled "Bylaws- Inactive" which indicates that after Third Reading of a rezoning bylaw has been granted, the applicant has up to one year to have any conditions related to the bylaw completed, so that the bylaw could then be considered by Council.

F.

Relevant History: 1. The subject rezoning application was submitted to the City on May 11, 2011 . First and Second Readings of the bylaw was granted on June 27, 2011 . The Official Public Hearing was held on July 22, 2011. 2. On August 8, 2011, City Council granted Third Reading for the subject Rezoning Bylaw #5326. There were no conditions included in the support motion for the bylaw. The bylaw was to be scheduled for adoption at the September 12, 2011 Regular Meeting of Council, however, the applicant requested that the bylaw not be adopted at that time so they could undertake further site development costing and market research. 3. A one year extension to the rezoning bylaw processing period was granted on July 9, 2012, with the extension expiry date approved as August 8, 2013. 4. A second one year extension to the rezoning bylaw processing period was granted on July 15, 2013, with the extension expiry date approved as August 8, 2014.

P270

-4G.

Applicant's Response:

The applicant has been provided with a copy of the staff report for their review and the opportunity to provide Council with their comments regarding the report. H.

Reasons for Bylaw:

To allow for the properties to be subdivided into 41 bare land strata lots for single detached housing units (refer to Attachment 5). I.

Resources: N/A

BUDGET IMPLICATIONS:

The developer of the three subject properties previously constructed off-site works along the Okanagan Landing Road frontage of the parent parcel. At that same time, the developer provided funds for the City to construct works in a newly dedicated public road right-of-way within the southern portion of the parent parcel. As well, the portion of Bench Row Road rightof-way fronting the parent property was widened and was to be upgraded as part of the offsite works. However, the City used those funds to construct the public multi-purpose trail within the Eastside Road extension corridor. Therefore, the property owner would not be required to contribute any further funds for off-site road and related off-site infrastructure works as a condition of the proposed bare land strata lot subdivision approval.

Prepared by:

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Dale Rintoul Manager, Current Planning

P271

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DATE

APPROVALS Supervisor Division Manager

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NOTE: C1ty Administrator's comments Will be provided 1f requ1red as an addendum to the report g:\3000-3699 land administration\3360 zoning and rezoning\20 applications\100-200\00180 7762, 7764, 7766 okanagan landing rd\rpt\140722 dr_council rpt_zon1BO_bylaw ext request.docx

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Attachment 3

lAKESlDE DEVELOPMENT CORPORATl July18, 2014 City of Vernon 34·00- 3Qtb St reet Vernon, BC Attention: Susan Blakely

Delivered by band Dear Ms. Blakely;

Re: 'ZZ62. 7764 and 7766 Okanagan Landing Road Rezoning Amendment ~yla.w #5.126. 2011

Further to your lette1· dated June 26, 2014, we request that the bylaw process be extended a further year to August 2015. We are actively working towards completion of our p]ans for the subject property and have advised Mr. Rintoul in some detail of our activities. We would be pleased to pr·o vide any further information that you require. Regards,

u~w._ Paul Gaskin Developer, Seasons in the Okanagan

Cc: Dale Rintoul, City Planner

Box1808

Vernon, B.C. VlTBC8

Phone: ZG0-260-1922

Fax: 250·260~ 184 4 Email: [email protected]

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LAKES JOE DEVELOPMENT CORPORATlON July 21, 2014 City of Vernon 3400- 30th Street Vernon, BC · Attention: Dale Rintoul Delivered by hand Dear Sir; Re: 7762. 7764 and 7766 Okanagan Landing Road Rezoning Amendment Bylaw #5326. 2011

Further to Susan Blakely's letter dated June 26, 2014, please see the following project status update including further site development costing and market research information.

Architectural Drawings: We have retained MQN Architects to design floor plans and construction drawings for several model homes that are being marketed and ultimately constructed on the Upper Seasons Lots 1, 2 and 3. These plans include single and two story homes appropriate for the topography of the site, and for current market preferences. Site Plan- Fine Tuning: The site plan as originally conceived shows a road through Lots 1, 2 and 3 that will service homes on the north and south sides of that road. We have considered possibilities for reducing the number of walk out basements, in favor of a higher percentage of one level homes, and homes with main floor living space, and bedrooms on an upper level. This would achieve better lake views from several units, and also provide single level housing that is · currently most in demand at Seasons. Servicing Cost Estimates: Castellan Contracting Ltd. (our proposed contractor for site works) continues to update both on and off site servicing cost estimates. In conjunction with the

P276

-2-

estimates prepared by Castellan, we are actively working with Canadian Western Bank to arrange project financing based on these estimates, and other data that becomes available. Marketing Letter: We continue to receive a significant number of responses to our web advertising. Accordingly we developed a response letter (copy attached) that has led to further correspondence with prospective buyers. As the market continues to improve, we anticipate strong presales during the remainder of 2014 and into 2015. Financing: Lakeside Development Corporation has arranged private financing for the project. Supplemental financing from Canadian Western Bank is contemplated, based on continuing discussions with our loan officer. The bank is awaiting final cost details, appraisals and pre-sales before making final approval. Disclosure Statement and Bylaws: We are working with Davidson Lawyers LLP, as well as Helen Glenesk (the existing Strata Manager for Seasons) to complete required documentation: • Disclosure Statement • Building Scheme • Strata Bylaws • Strata Budget • Recrea~ion Facility Use Agreement and Rent Charge, etc. These documents are largely complete, but will be fine turned and updated prior to home sales. Negotiations with "Original Seasons" Strata: Since "Upper Seasons" is a separate Strata, certain relationships with "Original Seasons" need to be established, including use of the Seasons Club, eventual buyout of the facility by the members of both Stratas, reciprocal access through the two Stratas, cost sharing for security, common utiliti~s, landscape, management, road and utility servicing and maintenance, etc. Discussions with Vernon Builders for Bulk Lot Sale: Lakeside Development Corporation is in active discussions with several credible local residential builders, to determine whether the serviced lots will be marketed to one or more licensed builders, for them to carry out construction and marketing of the homes, or if Lakeside will construct the homes as we did in the 'Original

P277

-3-.

Seasons'. As excess inventory in Vernon continues to decline, and "Original Seasons" has completely sold out with no re-sales currently o.n our marketing board, builders have shown strong interest in purchasing blocks of lots. We anticipate this strength will strengthen further leading up to the spring and summer of 2015. Environmental Report: Summit Environment has completed their Environmental Report for the site. They reported no significant on or off site issues. We are addressing the requirements they included in their report, and those matters will become items in our updated project cost estimates. Summary: Although the work we have done to date has gone well, we require more time to make a final commitment to move forward with the project. Therefore we request that the bylaw process be extended a further yeaJ;" to August 2015.

Regards,

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Paul Gaskin Developer, Seasons in the Okanagan

Documents attached: Preliminary house plans Site layout Marketing letter cc. John Lainsbury

Box 1808 Vernon, B.C. V1T8C8

Phone: 250-260-1822 Fax: 250-260-1844 Email: [email protected]

P278

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Thank you for contacting us about housing opportunities at Seasons in the Okanagan, located at 7760 Okanagan Landing Road in Vernon BC. At this time we are completely sold out, following exceptionally strong sales during 2013/14. We will move ahead with construction of our final phase at the top of the hill, with homes ready for occupancy during 2015, including our popular one and two level Claremont and Monterey home designs.

Seasons Clubhouse, Spa, Pool, Tennis & Fitness Center

House at Seasons

We have obtained City approvals to proceed, and we are preparing site plans and marketing information, including square footage, design and layout, and prices. We anticipate selling a limited number of new homes on a pre-construction basis, giving buyers an early opportunity to select the best lots at the lowest prices. If you are interested in receiving information and a copy of our pre-construction agreement to review, and perhaps meeting with us on site to consider the orientation and views from various lots, please write to us at [email protected], and provide a phone number if you prefer that we call you with more information and to set up a site tour. If you have any specific questions or requests please let us know. Seasons in the Okanagan is a very desirable and successful project, sold out quickly and with very few re-sales. This results from a wonderful community spirit that has grown as homes were occupied, neighbors made friendships and organized activities with one another.

P283

Homeowners meet for weekly Happy Hours hosted at various homes, morning coffee chats, book club discussions, swimming aerobics during the summer months, fitness & stretching during the winter months, evening hot tub hours exclusively for seniors, painting sessions for members with all levels of experience, quilting and sewing events, Spanish language classes for owners planning to travel south this winter, pickle-ball and tennis practice sessions and friendly competitions for members at all skill levels, bike rides to wineries, farmers markets and other Okanagan destinations, trail walking, holiday potlucks in the Clubhouse cafe, nature walks in the surrounding countryside, and more. Seasons is an easygoing place to become involved in spur-of-the-moment activities. Join a neighbor walking your dog on safe, paved, scenic pathways starting right at the edge of Seasons. Befriend compatible neighbors, and enjoy all the easily accessible Okanagan Lake activities.

Please contact us to find out how to become part of the Seasons community in our last phase of construction. Selection of lots and interior finishes is still available. Regards, Paul Gaskin - Marketing & Sales Developer, Seasons in the Okanagan 250-558-4795 Administration & Sales Sherry 250-260-1822

Phone: 250-260-1822 Fax: 250-260-1844

Box 1808 Vernon, B.C. V1 T 8C8 e-mail: [email protected]

P284

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ORIGINAL

THE CORPORATION OF THE CITY OF VERNON

REPORT/RECOMMENDATION TO COUNCIL SUBMITTED BY:

Jing Niu , Environmental Planning Assistant

DATE: FILE:

SUBJECT:

July 22 , 2014 4320-20 (LL000028)

VERNON AND DISTRICT PERFORMING ARTS CENTRE - LIQUOR LICENCE APPLICATION FOR LOT 1, PLAN KAP76941, SEC 3, TP 8 ODYD (3800 - 33 STREET)

PURPOSE:

For Council to review and comment on the Primary and Liquor Primary Club Structural Change application submitted by an official of the Vernon and District Performing Arts Centre on behalf of The Corporation of the City of Vernon for the Vernon and District Performing Arts Centre located at 3800 - 33 Street. RECOMMENDATIONS:

1. THAT Council supports the Liquor Primary and Liquor Primary Club Structural Change application submitted by an official of the Vernon and District Performing Arts Centre to allow for liquor service throughout the establishment including the seating area, stage, dressing rooms, reception hall, greenroom, receiving area , kitchen and lobby. The maximum licence occupant load of the establishment would increase from 1107 to 2402 persons. Council's resolution in support of the proposed licence application addresses the following items in LCLB's resolution criteria contained in Part 4 of the Application for a Liquor Primary and Liquor Primary Club Structural Change Application form: a. The potential for noise if the application is approved. The potential noise arising from a Liquor Primary Spectator Entertainment establishment is expected to be typical of a licenced establishment in an enclosed building designed specifically for the presentation of live artistic performances, which is acceptable to City Council. b. The impact to the community if the application is approved. Council reviewed the use of the facility and believe the proposed licence amendment would not unduly . impact the surrounding community. c. Views of residents. A total of 307 property owners , residents and business owners within a 60.0 metre radius of the subject property were notified in writing and requested to submit their comments to City Council concerning the subject

P286

-2-

application. Advertisements requesting public input were published in the Friday, June 6, 2014 and Sunday, June 8, 2014 editions of the Vernon Morning Star. Three responses were received as a result of the notifications and all were in support of the proposed application . Local RCMP officials were notified of the application and have stated that they are not opposed to the proposed changes. ALTERNATIVES & IMPLICATIONS:

1. THAT Council does not support the Liquor Primary and Liquor Primary Club Structural Change application submitted by an official of the Vernon and District Performing Arts Centre to allow for liquor service throughout the establishment including the seating area, stage, dressing rooms, reception hall, greenroom, receiving area, kitchen and lobby. The maximum licence occupant load of the establishment would increase from 11 07 to 2402 persons. Council's resolution in non-support of the proposed licence application addresses the following items in LCLB's resolution criteria contained in Part 4 of a Liquor Primary and Liquor Primary Club Structural Change Application form: a. The potential for noise if the application is approved. The potential noise arising from a Liquor Primary Spectator Entertainment establishment is not accepted by City Council due to the following: (to be cited by Council) b. The impact to the community if the application is approved. Council reviewed the proposed areas of liquor service described in the application and believe the proposed licenced establishment will unduly impact the surrounding community in the following manner: (to be cited by Council). d. Views of residents. A total of 307 property owners, residents and business owners within a 60.0 metre radius of the subject property were notified in writing and requested to submit their comments to City Council concerning the subject application . Advertisements requesting public input were published in the Friday, June 6, 2014 and Sunday, June 8, 2014 editions of the Vernon Morning Star. Three responses were received as a result of the notifications and all were in support of the proposed application. Local RCMP officials were notified of the application and have stated that they are not opposed to the proposed changes. Note: This alternative recommendation is provided should Council not support the proposed liquor licence amendment application if Council believes approval would unduly impact the community. Council can recommend to the LCLB that the licence be denied based on the above comments. However, the final decision to approve or deny the liquor licence application is made by LCLB. The bold text in the alternative

P287

-3recommendation has been added to emphasize the difference between the main recommendation and the alternative recommendation. ANALYSIS: A.

Committee/Board Recommendations: N/A

B.

Rationale: 1. The subject facility at 3800 - 33 Street is shown on Attachments 1 and 2. The facility is located on a property zoned P2 - Public Institutional, which permits spectator entertainment establishments in the form of an enclosed building designed specifically for the presentation of live artistic performance or the showing of motion pictures. 2. An official of the Vernon and District Performing Arts Centre has submitted a Liquor Primary and Liquor Primary Club Structural Change application for the "addition of a new licensed area with an increase in occupant load" (refer to Attachment 3). The applicant is proposing to extend liquor licence area to include the spectator seating area, reception area, kitchen, receiving area, lobby, stage, greenroom and dressing rooms (refer to Attachment 4). The total of the current licensed area as shown on the existing liquor licence allows for 1107 licenced occupants. The applicant's proposal to extend its service area will increase the licenced occupant load to 2402. 3. As the maximum building occupancy load will remain consistent within the existing establishment, additional off-street parking would not be required and the establishment would remain in compliance with the Zoning Bylaw parking regulations. 4. Amendments to the existing liquor license are being requested to allow greater flexibility in rental and presentation activities. The proposed changes will allow renters to request liquor service beyond the existing licenced area of the foyer. These changes mean that patrons could take their beverage into the main auditorium if the show is designated as 19 years and older, or for a renter to use the stage itself as a cabaret style theatre seating for intimate concerts. Liquor will not necessarily be served in these areas at every show and there will be no permanent lounge set up for public access when the theatre is not rented. Access to the theatre itself is by ticketed admission. The changes requ~sted are to bring the Vernon and District Performing Arts Centre in line with other theatre venues in the province of British Columbia. Major examples of other locations that are licensed this way include Vancouver's Queen Elizabeth Theater and Vancouver's Rogers Arena. 5. The LCLB requires that applicants requesting a new liquor licence or an amendment to existing liquor license to obtain a resolution from the local government. The resolution varies based upon the type of application and LCLB

P288

-4has formulated the resolution templates for the various applications. LCLB must receive separate and specifically worded resolutions from Council for each application, as presented in this report. 6. In accordance with the requirements of the LCLB regulations and City Council policy, notifications regarding the applications were sent to property owners within a 60.0 metre radius. In addition, the applicant was required to have a Notice of Intent advertisement published in two consecutive editions of the Vernon Morning Star. Such an advertisement was published in the Friday, June 6, 2014 and Sunday, June 8, 2014 editions of the Vernon Morning Star. 7. Three responses were received as a result of the notifications and all were in support of the proposed application.

8. In accordance with the City's policy on the application was also forwarded to opportunity to comment on the potential application be approved. Local RCMP opposed to the subject application. C.

Liquor Licence Applications, notification of the local RCMP detachment to allow the impact on local policing matters should the officials have indicated that they are not

Attachments:

Attachment 1 - property location map Attachment 2 - property location map - aerial photo Attachment 3 -subject Liquor Primary and Liquor Primary Club Structural Change Application (Sections pertaining to this report) Attachment 4 -floor plan illustrating current and proposed licenced areas D.

Strategic Plan Objectives:

This application involves the following objective in Council's 3 Year Strategic Plan:

>E.

Business friendly, globally competitive

Policy (Existing/Relevance/None):

The subject property is zoned P2 - Public Institutional, which permits spectator entertainment establishments in the form of an enclosed building designed specifically for the presentation of live artistic performance or the showing of motion pictures. F.

Relevant History:

N/A G.

Applicant's Response:

The applicant has been provided with a copy of the staff report for their review and the opportunity to provide Council with their comments regarding the report.

P289

- 5H.

Reasons for Bylaw: N/A

I.

Resources: N/A

BUDGET IMPLICATIONS: N/A

Prepared by:

Approved for submi

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APPROVALS Supervisor Division

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COUNCIL AGENDA INFORMATION:

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Environment

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Bylaw Services Clerk Economic Dev. RCMP Building & Licensing Human Relations

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Fire GVS- Parks Utilities

Public Works

Engineering Operations GVS- Water Other

NOTE: C1ty Adm1mstrator's comments w1ll be prov1ded 1f requ1red as an addendum to the report g:\3700-4699 legislati ve and regulatory servi ces\4320 licenses- individual\20 liquor, by namelperforming arts centre\11000028\reports\140721 jn council rep ort_ll28 .docx

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·Vernon and District Performing Arts Centre LL000028 Property Location Map -Aerial P292

Attachment 3

Liquor Primary and Liquor Primary Club

BRITISH COLUMBIA

Structural Change Application Liquor Control and Licensing Form LCLB 012a

INSTRUCTIONS: Complete all applicable fields then submit with payment as outlined in Part 8 of this application form. You may complete this form online, then print. • If you have any questions about this application, call the Liquor Control and Licensing Branch (LCLB) toll-free at: 1 866 209-2111 • LCLB forms and supporting materials referred to in this document can be found at: www.pssg.gov.bc.ca/lclb

Licensee Information

Licence# affected: 1213,721

Licensee name [as shown on licence]: Jrhe corporation fo the City of Vernon Establishment name [as shown on licence]: Vernon and District Performing Arts Centre Establishment Location address: 3800 .(as shown on licence)

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Type of Change Requested Please check 0 appropriate box(es) below:

Part 1

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Sub- Job Number Office Use ONLY Outdoor Patio .(C3-LIC)

New Outdoor Patio: see Part 1

Part2 !This section is for golf courses only.

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nAKiosk

I ; Take-out Window 1 : Beverage Cart Service (one cart permitted per 9 holes) l i Playing Area of the golf course to allow liquor service from the interior LP liquor service bar. Part3

(1 Alteration/Renovation resulting in an increase in occupant load

l i Alteration/Renovation resulting in no increase in occupant load

!Ri Addition of a new licensed area with an increase in occupant load [ ': Addition of a new licensed area with no increase in occupant load

C

Structural • no capacity change (Golf Kiosk/take-out) (C4-LIC) · Structural - no capacity change (Golf Cart) (C6-LIC) Structural - capacity change (C3-LIC) Structural • no capacity change (C4-LIC)

Removal of an existing licensed area

n Increase to occupant load where no alterations/renovations are proposed LCLB012a (Last updated 28 November 2013)

1 of6

Application for Structural Change

P293

PART 1: Addition of New Outdoor Patio The addition of a licensed outdoor patio must be approved by the Liquor Control and Licensing Branch. Floor plans must have sufficient detail to be acceptable to the branch. Please be advised that the applicant is responsible for complying with any local bylaws related to the licensed establishment patios. The application requires a local government/First Nation resolution. Provide the following:

r :One 11"

X 17" and one 8.5" X 11" floor plan detailing furniture layout of the entire establishment and the proposed patio area(s ). The occupant load of the establishment and proposed patio area(s) must be marked/stamped ON the plans by fire or building authorities. An alternate qualified architect or design professional may be used in locations where fire and building authorities do not have jurisdiction to provide an occupant load. Written confirmation must be provided by local governmenUFirst Nations.

[i Occupant load of patio(s) from above plans, if provided Patio #1 :

I

Patio #2:

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separately and not included in calculation of main interior occupant load.

Ji Provide evidence of valid interest in the patio property if the patio is on different property than the licensed establishment, such as a patio located on a public sidewalk adjacent to the licensed Interior. Evidence of valid interest may be in the form of a lease, letter of authorization or other agreement document.

n Attach a photo if the patio is already built. 1. Describe the patio perimeter that is designed to control patron entry/exit. (i.e., railing, fencing, planters, hedging, etc.) -

2. Will your servers have to carry liquor through unlicensed areas to get to the patio? [";Yes f'No If Yes,

3.

Is the patio located immediately adjacent or contiguous to the interior licensed area?

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please explain:

l;ves ! :No If No, please explain:

4. Describe how your staff will manage and control the patio from the interior licensed area

IMPORTANT: You must request a local governmenUFirst Nation resolution commenting on the application. Local government must complete Part 5 of this form. For further information on local government resolutions, read Part 4.

...Also complete Parts 7 and 8 LCLB012a

2 of6

Application for Structural Change

P294

PART 2: Golf Courses Only- Licensing the Playing Area Applies to: Golf courses with

a Liquor-Primary or Liquor-Primary Cfub Licence.

For all changes, including Beverage Cart (C6), please provide a map of the entire golf co_urse that identifies the following:

rJ Label the holes (1-9 or 1-18 as applicable)

n Label any road ways (public or private) that may divide the golf course playing area (as applicable) n Label the location of any existing licensed areas that fall under an LP or FP (as applicable) n Label the parking area, club house, other businesses and any other external buildings on the playing area of the golf course. Note: Putting green and driving ranges are not permitted to be licensed. For Take·out Window (C4), also provide:

n Provide interior floor plan layout detailing the location of the take-out window and where liquor will be served. Note: The take-out window must be in a location such that patrons do not have to walk through a food primary licensed area in order to access the window AND that is sufficiently close to the golf course so that patrons do not walk through an unlicensed area with their liquor in order to access the golf playing area.

l i If the window is an existing structure, provide a recent photo of the interior and exterior area. For Kiosk (C4), also provide

C Detail the exact location of the kiosk(s).

n If the kiosk is an existing structure, provide a recent photo of the interior area and exterior area. For Playing Area only (no kiosk, beverage cart, or take-out window) (C6), also provide:

I ! Identify any unlicensed interior or exterior areas between the interior LP liquor service bar and the playing area. Note: If applying for just the playing area to be licensed, there must be an interior LP licensed area with a liquor service bar located within the LP red-lined area

... Also complete Parts 7 and 8

PART 3: Other Structural Alterations

(Excludingconstructionofnewpatios)

lFee: $440 jlc3 - Cap Ch. I lc4- No Cap Ch.l

Please check (0) beside the type of structural alteration for which you are applying: l!Alteration/Renovation resulting in an increase in occupant load nAiteration/Renovation resulting in no increase in occupant load

IX!Addition of a new licensed area with an increase in occupant load

n Addition of a new licensed area with no increase in occupant load 1: Removal of an existing licensed area

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ORIGINAl

THE CORPORATION OF THE CITY OF VERNON

REPORT/RECOMMENDATION TO COUNCIL SUBMITTED BY:

Rob Miles, Manager, Long Range Planning and Sustainability

DATE: FILE:

SUBJECT:

July 28 , 2014 3390-01

REVITALIZATION TAX EXEMPTION PROGRAM RENEWAL

PURPOSE: To seek Council's direction on the renewal of the Revitalization Tax Exemption Program for the City Centre and the Waterfront Neighbourhood Centre. RECOMMENDATION: THAT Council support amending Bylaw #5362 (Revitalization Tax Exemption- City Centre) and Bylaw #5363 (Revitalization Tax Exemption - Waterfront Neighbourhood Centre) to remove the reference to deadlines for eligible projects and to clarify eligibility for renovation projects in the City Centre, as outlined in the report dated July 28, 2014 from the Manager of Long Range Planning and Sustainability. ALTERNATIVES & IMPLICATIONS: 1. THAT Council support amending Bylaw #5362 (Revitalization Tax Exemption - City Centre) and Bylaw #5363 (Revitalization Tax Exemption - Waterfront Neighbourhood Centre) to amend the deadline for eligible projects to (to be determined by Council) and to clarify eligibility for renovation projects in the City Centre.

Note: This alternative would allow the program to continue, but with a firm deadline for eligible projects. The level of certainty that this would provide the development community would vary depending on the date selected by Council. A deadline of one or two years would provide the development community with less certainty, whereas a deadline beyond that would provide more. 2. THAT Council not support amending Bylaw #5362 (Revitalization Tax Exemption- City Centre) and Bylaw #5363 (Revitalization Tax Exemption - Waterfront Neighbourhood Centre) to remove the reference to deadlines for eligible projects , as outlined in the report dated July 28 , 2014 from the Manager of Long Range Planning and Sustainability.

Note: Should Council choose this alternative, potential participants in the Revitalization Tax Exemption Program would have until December 31, 2014 to receive a building permit for an eligible project. After this date, no new applications would be accepted. In stream applications and properties that are receiving the tax exemption would continue unaffected.

P299

-23. THAT Council support amending Bylaw #5362 (Revitalization Tax Exemption - City Centre) to remove the reference to deadlines for eligible projects and to clarify eligibility for renovation projects in the City Centre. Note: Should Council choose this alternative, the program would continue in the City Centre, but the program in the Waterfront Neighbourhood Centre would end in December of this year. Potential participants in the Revitalization Tax Exemption Program for the Waterfront would have until December 31, 2014 to receive a building permit for an eligible project. After this date, no new applications would be accepted in that neighbourhood. In stream applications and properties that are receiving the tax exemption would continue unaffected.

4. THAT Council support amending Bylaw #5363 (Revitalization Tax Exemption- Waterfront Neighbourhood Centre) to remove the reference to deadlines for eligible projects. Note: Should Council choose this alternative, the program would continue in the Waterfront Neighbourhood Centre, but the program in the City Centre would end in December of this year. Potential participants in the Revitalization Tax Exemption Program for the City Centre would have until December 31, 2014 to receive a building permit for an eligible project. After this date, no new applications would be accepted in that neighbourhood. In stream applications and properties that are receiving the tax exemption would continue unaffected. ANALYSIS:

A.

Committee/Board Recommendations: N/A

B.

Rationale: 1. The Revitalization Tax Exemption Program for the City Centre and the Waterfront Neighbourhood Centre was initiated on May 14, 2012. The program offers a tax incentive for eligible projects in the City Centre and the Waterfront Neighbourhood Centre. A property that participates in the program would be exempt from the municipal portion of the property taxes attributed to the difference in the assessed value of the land and improvements on the property before and after the project has been undertaken. This exemption lasts 10 years, but declines incrementally after Year 5. Local governments in British Columbia have the authority to provide revitalization tax exemptions under Section 226 of the Community Charter. The program included a deadline, requiring that eligible projects receive a building permit between May 14, 2012 and December 31, 2014. This deadline effectively limited the life of the program to two and a half years, while the exemptions themselves would be in effect well after 2014. 2. The Revitalization Tax Exemption Program has been marketed at a variety of trade shows and events including; the International Shopping Centre Conference, the Housing Forum and the Global Petroleum Show. Information has also been made

P300

-3available on the City of Vernon website and promoted through the Economic Development electronic newsletter. The programs and its benefits have been discussed with numerous potential clients who are exploring development opportunities in the city. 3. Since the program was initiated, the following projects have either received tax exemption certificates, signed tax exemption agreements with conditions to be met prior to receiving the certificate, or initiated the process to receive a tax exemption. All of these projects are located in the City Centre District. To date, no eligible projects have been undertaken in the Waterfront Neighbourhood Centre. In total, nine projects are participating in the Revitalization Tax Exemption program. Many of the projects are at different stages in the process, with some being complete and others in the early stages. The stages are as follows: •

Cerlificate issued in 2013: Properties that received a tax exemption certificate in 2013 have completed the process and are currently receiving the exemption.

•

Agreement signed, outstanding conditions: Property owners that have signed a Tax Exemption Agreement with the City, but have yet to complete the conditions outlined in that agreement. Once these conditions are met, the City will be in a position to issue a tax exemption certificate, completing the process.

•

Cerlificate to be issued in 2014: Property owners that have signed a Tax Exemption Agreement with the City and have completed all conditions will receive a tax exemption certificate in 2014.

•

Processing: An application has been received and the processing is currently taking place, or staff are working with an applicant on getting the appropriate documentation in place to make an application.

Property Address 4010 27 Street 3126 31 Avenue 2801 32 Street 3412 28 Avenue 4101 32 Street 4012 27 Street 3412 Goldstream Avenue 41 07 29 Street 2933 30 Avenue

Description of Project

Current Status

New medical office building New office building Exterior renovations to office building Conversion of single family home into apartment units Building addition and exterior renovation to restaurant New office building Interior and exterior renovations to commercial building New multifamily residential building Interior and exterior renovations to commercial building

Certificate issued in 2013 Certificate issued in 2013 Certificate issued in 2013 Agreement signed, outstanding conditions Certificate to be issued in 2014 Certificate to be issued in 2014 Processing Processing Processing

4. The Revitalization Tax Exemption program has been identified in the Economic Development Strategic Action Plan as one of the key incentives that the City of Vernon is able to offer, in conjunction with competitive DCC rates and strategic P301

-4investments in infrastructure and amenities, to promote development in these two neighbourhoods. The Economic Development Strategic Action Plan recommends that these two programs continue to be in effect and that greater marketing efforts take place to further promote the benefits of the program. 5. Removal of reference to any deadlines for eligible projects would provide greater certainty and confidence in the program amongst the development community. As early as 2013, when staff would discuss the program with developers exploring possible projects, it would be apparent that the project may or may not be at the building permit stage by the end of 2014. While staff would explain that the program would be evaluated for possible renewal, this lack of certainty reduced the perceived value of the program for development proposals more than a year out from the initial discussion. Having no deadline for the program would provide developers with a greater level of comfort that the program will still be in place when they move forward with their projects. Removal of deadlines for building permit issuance would not prevent Council from ending the program should it determine that it is no longer warranted or desirable. The bylaws could be amended in the future to include a new deadline for building permit issuance or be repealed entirely. 6. There are opportunities to raise more awareness about the Revitalization Tax Exemption Program. Staff are in the process of producing marketing materials for key redevelopment areas, with the City Centre being the first priority. These marketing materials would highlight the role of the Revitalization Tax Exemption Program, should it continue, along with other programs, initiatives and incentives for promoting development. Revised Economic Development and City of Vernon websites, both currently underway, would also provide opportunities to highlight the program and its benefits with renewed focus on promoting development. 7. Section 3(c)iii of Bylaw #5362 (Revitalization Tax Exemption- City Centre) outlines the criteria for eligible interior or exterior renovation projects. As the scale and type of these renovation projects vary and a building permit may or may not be required, this section has been revised to clarify that projects that require a Development Permit Minor only do not have to obtain an occupancy permit to obtain a tax exemption certificate; rather the project simply has to be completed in a manner that is consistent with the Development Permit Minor, along with the other criteria for eligibility. C.

Attachments:

Attachment 1 -Revitalization Tax Exemption Bylaw (City Centre District)- red lined version Attachment 2- Revitalization Tax Exemption Bylaw (Waterfront Neighbourhood Centre)- redlined version

P302

-5D.

Strategic Plan Objectives: The proposed bylaw amendment involves the following objectives in Council's 3 Year Strategic Plan:

>>E.

Business friendly, globally competitive Wise planning

Policy (Existing/Relevance/None): The Revitalization Tax Exemption program is consistent with the following policies in the Official Community Plan : •

4.1: Focus new growth and development in the City Centre District and designated neighbourhood centres in the Neighbourhood District.

•

4.4: Investigate additional tools available to local government to expedite development in key areas of the city, including preferential application processing , designation of revitalization area and investment in public infrastructure.

The implementation of a Revitalization Tax Exemption program is one of the key policy initiatives in Section 8.0: Implementation in the City Centre Neighbourhood Plan. The continuation of the Revitalization Tax Exemption program is consistent with the following key initiatives identified in the Economic Development Strategic Action Plan: •

The City of Vernon enacted a Revitalization Tax Exemption Bylaw for the City Centre in 2012. Continue to promote this incentive to businesses and investors interested in redevelopment in the downtown .

•

In cooperation with Community Development and Engineering, promote Economic Development objectives in the plan area, specifically: o The continuation of the Revitalization Tax Exemption to attract investment to the Waterfront.

F.

Relevant History: At its Regular Meeting of May 14, 2012, Council adopted the following resolution: "THAT Bylaw #5362, "City of Vernon Revitalization Tax Exemption Bylaw (City Centre District) Bylaw Number 5362 , 2012" - a bylaw to establish a revitalization tax exemption program in the City Centre District, be adopted." "THAT Bylaw #5363, "City of Vernon Revitalization Tax Exemption Bylaw (Waterfront Neighbourhood Centre) Bylaw Number 5363 , 2012" - a bylaw

P303

-6to establish a revitalization tax exemption program in the Waterfront Neighbourhood Centre, be adopted."

G.

Applicant's Response: N/A

H.

Reasons for Bylaw: To allow the Revitalization Tax Exemption programs in both the City Centre and the Waterfront Neighbourhood Centre to continue to provide an incentive for development in those neighbourhoods.

I.

Resources: N/A

B UDGET IMPLICATIONS: The Revitalization Tax Exemption program does not exempt any property taxes currently being paid, but does impact future taxes to be collected in the short term.

Prepared by:

~~4

Rob Miles Manager, Long Range Planning and Sustainability

Date:

'

ATION:

APPROVALS Supervisor Division

~

Mana~

~

Regular

Date: August 11,2014

Item#

0 0 0

In-Camera/COW

Date:

Item#

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Date:

Item#

Agenda Addenda

Date:

Item#

REVIEWED WITH

REVIEWED WITH

REVIEWED WITH

REVIEWED WITH Committees

0 0

0 0 0 0 0 0

0

0 0 0 0

Bylaw Services Clerk

~ Economic Dev.

0 0 0

RCMP Building & Licensing Human Relations

·Environment

Public Works

Facilities

~ Planning

Finance

0 0 0 0

Fire GVS- Parks Utilities

Engineering Operations GVS- Water Other

NOTE: City Administrator's comments will be provided if required as an addendum to the report g:\3000-3699 land administration\3390 revitalization tax exemptions\01 general\140728 rm rte renewal.docx

P304

Attachment 1

THE CORPORATION OF THE CITY OF VERNON BYLAW NUMBER 5362 A bylaw to establish a revitalization tax exemption program in the City Centre District WHEREAS Council may, by bylaw, establish a revitalization tax exemption program;

AND WHEREAS Council wishes to establish a revitalization tax exemption program in the City Centre District pursuant to Section 226(4) [Revitalization tax exemption] of the Community Charter;

AND WHEREAS Council has considered this bylaw in conjunction with the objectives and policies set out under Section 165(3.1 )(c) [Financial plan] of the Community Charter in its Financial Plan;

AND WHEREAS Council has given notice of the consideration of this bylaw under Section 227(3) [Notice of permissive tax exemptions] of the Community Charter,

NOW THEREFORE, in open meeting assembled, the Council of the Corporation of the City of Vernon enacts as follows:

1. Citation This bylaw may be cited as "City of Vernon Revitalization Tax Exemption Bylaw (City Centre District) Bylaw Number 5362, 2012".

2. Definitions "Building Permit" means authorization in writing from the Manager of Building and Inspections to perform building work regulated by the Building and Plumbing Bylaw #4900. "City" means the Corporation of the City of Vernon. "City Centre Neighbourhood Plan" means the City Centre Neighbourhood Plan Bylaw #5315, as amended.

P305

Page 2 BYLAW NUMBER 5362

"Development Permit Minor" means written authorization from the Approving Officer to proceed with exterior or fagade changes to existing buildings. "Exemption Certificate" means a Revitalization Tax Exemption Certificate issued by the City under this bylaw in respect of an eligible property. "Manager of Building and Inspections" includes the person appointed to that position and a person authorized by the Manager of Building and Inspections to perform duties under the Building and Plumbing Bylaw #4900. "New Building" means the construction of a new separate building on a property. This does not include additions to an existing building, or foundation work only. "Occupancy Permit" means authorization in writing from the Manager of Building and Inspections to occupy a building for its intended use. "Permit Value" means a calculation of the total value of any form of construction that is to be submitted by the owner to the satisfaction of the Manager of Building and Inspections. "Revitalization Tax Exemption Agreement" means an agreement between the City and an owner of an eligible property under this program in respect of the matters described in Section 226(7) of the Community Charter. 3. Revitalization Tax Exemption Program Council hereby establishes a Revitalization Tax Exemption Program, pursuant to Section 226 of the Community Charter, as follows: a. The reasons for, and objectives of, the Revitalization Tax Exemption Program are to encourage the construction of new buildings, and exterior alterations and improvements of existing buildings within the City Centre District, as shown in Schedule A, attached hereto and forming part of this bylaw. b. The Revitalization Tax Exemption Program is intended to accomplish Council's objectives by providing property tax relief to property owners who undertake eligible construction within the City Centre District. c. A property owner must enter into a Revitalization Tax Exemption Agreement with the City of Vernon that determines the conditions for eligibility for a specific property. The kinds of property that will be eligible for tax exemptions under the Revitalization Tax Exemption Program are the following: i.

Construction of New Buildings

P306

Page 3 BYLAW NUMBER 5362

Properties that are the subject of a Building Permit for a new building having a permit value, as determined by the Manager of Building and Inspections, of $200,000.00 or greater, where the Building Permit was issued between the date of adoption of this bylmN and December 31 , 2014on or after May 14. 2012 and an occupancy permit is-has been issued on or before December 31 , 2016 . New construction must conform to the land use designations and policies of the City Centre Neighbourhood Plan. ii. Additions to Existing Buildings Properties that are the subject of a Building Permit for an addition to an existing building having a permit value, as determined by the Manager of Building and Inspections, of $50,000.00 or greater, where the Building Permit was issued betvJeen the date of adoption of this bylavJ and December 31 , 2014on or after May 14, 2012 and an occupancy permit ts has been issued on or before December 31, 2016 . New construction must conform to the land use designations and policies of the City Centre Neighbourhood Plan and add additional commercial, industrial or institutional space and/or an additional dwelling unit or secondary suite to an existing building. iii. Exterior and Interior Renovations to Existing Buildings Properties that are the subject of a Building Permit and or a Development Permit Minor where the project does not increase floor space and have a permit value, as determined by the Manager of Building and Inspections, of $25,000.00 or greater, where the permit was issued between the date of adoption of this byla'N and December 31, 2014on or after May 14. 2012 and an occupancy permit has been issued. Where only a Development Permit Minor has been required , the completion of the project in a manner that work is completed is consistent with that permit replaces the requirement for an occupancy permit for the purposes of eligibility on or before December 31 , 2016 . To be eligible, the exterior of the building must comply or be made to comply with the Design Guidelines outlined in Section 4.0 of the City Centre Neighbourhood Plan. d. Properties currently subject to a revitalization tax exemption under this program are ineligible for an additional revitalization tax exemption. e. The extent of the tax exemptions available under the Revitalization Tax Exemption Program is the municipal portion of the tax increase directly attributable to the increase in assessed value of the land and improvements between the highest of the previous two years of assessment prior to the start of construction and the year the project is completed . f. The amount of the tax exemptions that may be provided under this bylaw in any year is calculated as follows:

P307

Page4 BYLAW NUMBER 5362

• • • • • •

Years 1-5: 100% Year 6: 80% 60% Year 7: Year 8: 40% 20% Year 9: Year 10: 10%

of the of the of the of the of the of the

increased increased increased increased increased increased

assessed assessed assessed assessed assessed assessed

value value value value value value

g. The maximum term of a tax exemption that may be provided under this bylaw is 10 years. 4. Requirements for Exemption Certificate Issuance

Before an Exemption Certificate will be issued under this bylaw for a particular property, the following requirements must be met: a. An application fee as per the current Fees and Charges Bylaw; b. The property owner must have been issued an Occupancy Certificate in respect to the development which is eligible for incentives under this bylaw; c. All property taxes, including penalties and interest, due and owing in respect of the property must be fully paid; and d. The property owner must have entered into a Revitalization Tax Exemption Agreement with the City and have completed any required conditions. 5. Issuance of an Exemption Certificate

Once the conditions established under this Bylaw and the Revitalization Tax Exemption Agreement have been met, a Revitalization Tax Exemption Certificate must be issued for the property, which specifies the following: a. The term of the tax exemption; b. The formula for determining the tax exemption; c. The conditions on which the tax exemption is provided; and d. That a recapture amount is payable if the certificate is cancelled and how that amount is to be determined. 6. Conditions within an Exemption Certificate

P308

Page 5 BYLAW NUMBER 5362 An Exemption Certificate issued under this bylaw will be subject to the property owner complying with all of the following conditions: a. All property taxes, including penalties and interest, that are payable in respect of the eligible property, and all other properties within the City owned by that person, must be fully paid; b. Any criteria which made the development eligible for incentives under this bylaw must be maintained for the duration of the tax incentive available under this bylaw; and c. The property owner must not be in breach of the Revitalization Tax Exemption Agreement.

7. Recapture of Exempted Taxes If a property that has benefited from a tax exemption under the Revitalization Tax Exemption Program established by this bylaw ceases to meet all the conditions of the Exemption Certificate as a result of wilful alterations, then the Exemption Certificate shall be cancelled and all the taxes which were exempted in respect of that property shall be repaid, plus interest, as if the taxes had never been exempted, and the Collector shall add those taxes to the roll for that property.

8. Severability If any section, subsection, clause or phrase of this bylaw is held to be invalid for any reason by a court or competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of the bylaw. READ A FIRST TIME this 23rd day of April, 2012. READ A SECOND TIME this 23rd day of April, 2012. READ A THIRD TIME, this 23rd day of April, 2012. NOTICE pursuant to Section 227(3) of the Community Charier provided on the 29th day of April, 2012, and the 6th day of May, 2012.

ADOPTED this 14th day of May, 2012. 'R. Sawatzky'

Mayor

'P. Bridal' Corporate Officer

P309

SCHEDULE 'A' Attached to and Forming Part of Bylaw 5362 City of Vernon Revitalization Tax Exemption Bylaw (City Centre District) Bylaw Number 5362, 2012

P31Q .

Attachment 2 THE CORPORATION OF THE CITY OF VERNON BYLAW NUMBER 5363 A bylaw to establish a revitalization tax exemption program in the Waterfront Neighbourhood Centre WHEREAS Council may, by bylaw, establish a revitalization tax exemption program;

AND WHEREAS Council wishes to establish a revitalization tax exemption program in the Waterfront Neighbourhood Centre pursuant to Section 226(4) [Revitalization tax exemption] of the Community Charter;

AND WHEREAS Council has considered this bylaw in conjunction with the objectives and policies set out under Section 165(3.1 )(c) [Financial plan] of the Community Charter in its Financial Plan;

AND WHEREAS Council has given notice of the consideration of this bylaw under Section 227(3) [Notice of permissive tax exemptions] of the Community Charter,

NOW THEREFORE, in. open meeting assembled, the Council of the Corporation of the City of Vernon enacts as follows:

1. Citation This bylaw may be cited as "City of Vernon Revitalization Tax Exemption Bylaw (Waterfront Neighbourhood Centre) Bylaw Number 5363, 2012". 2. Definitions "Building Permit" means authorization in writing from the Manager of Building and Inspections to perform building work regulated by the Building and Plumbing Bylaw #4900. "City" means the Corporation of the City of Vernon. "Development Permit Minor" means written authorization from the Approving Officer to proceed with exterior or fagade changes to existing buildings.

P311

Page 2 BYLAW NUMBER 5363 "Exemption Certificate" means a Revitalization Tax Exemption Certificate issued by the City under this bylaw in respect of an eligible property. "Manager of Building and Inspections" includes the person appointed to that position and a person authorized by the Manager of Building and Inspections to perform duties under the Building and Plumbing Bylaw #4900. "New Building" means the construction of a new separate building on a property. This does not include additions to an existing building, or foundation work only. "Occupancy Permit" means authorization in writing from the Manager of Building and Inspections to occupy a building for its intended use. "Permit Value" means a calculation of the total value of any form of construction that is to be submitted by the owner to the satisfaction of the Manager of Building and Inspections. "Revitalization Tax Exemption Agreement" means an agreement between the City and an owner of an eligible property under this program in respect of the matters described in Section 226(7) of the Community Charier. "Waterfront Neighbourhood Centre Plan" means Neighbourhood Centre Plan Bylaw #5277, as amended.

the

Waterfront

3. Revitalization Tax Exemption Program Council hereby establishes a Revitalization Tax Exemption Program, pursuant to Section 226 of the Community Charier, as follows: a. The reasons for, and objectives of, the Revitalization Tax Exemption Program are to encourage the construction of new buildings within the Waterfront Neighbourhood Centre, as shown in Schedule A, attached hereto and forming part of this bylaw. b. The Revitalization Tax Exemption Program is intended to accomplish Council's objectives by providing property tax relief to property owners who undertake eligible cofi'struction within the Waterfront Neighbourhood Centre.c. A property owner must enter into a Revitalization Tax Exemption Agreement with the City of Vernon that determines.the conditions for eligibility toea specific property. Properties that will be eligible for tax exemptions under the Revitalization Tax Exemption Program are properties that are the subject of a Building Permit for a new building having a permit value, as determined by the Manager of Building and Inspections, of $500,000.00 or greater, where the Building Permit was issued bet\veen the date of adoption of this bylmv and December 31, 2014on or after May 14. 2012 and an occupancy permit is issued on or before December 31, 2016. New construction must conform to the land

P312

Page 3 BYLAW NUMBER 5363

use designations and regulations of the Waterfront Neighbourhood Centre Plan. The construction of single detached housing is excluded from the program, even where permitted in the Waterfront Neighbourhood Centre Plan. d. Properties currently subject to a revitalization tax exemption under this program are ineligible for an additional revitalization tax exemption. e. The extent of the tax exemptions available under the Revitalization Tax Exemption Program is the municipal portion of the tax increase directly attributable to the increase in assessed value of the land and improvements between the highest of the previous two years of assessment, prior to the start of construction and the year the project is completed . f.

The amount of the tax exemptions that may be provided under this bylaw in .any year is calculated as follows: • • • • • •

Years 1-5: 100% of the increased assessed value 80% of the increased assessed value Year 6: 60% of the increased assessed value Year 7: 40% of the increased assessed value Year 8: 20% of the increased assessed value Year 9: 10% of the increased assessed value Year 10:

g. The maximum term of a tax exemption that may be provided under this bylaw is 10 years. 4. Requirements for Exemption Certificate Issuance

Before an Exemption Certificate will be issued under this bylaw for a particular property, the following requirements must be met: a. An application fee as per the current Fees and Charges Bylaw; b. The property owner must have been issued an Occupancy Certificate in respect to the development which is eligible for incentives under this bylaw; c. All property taxes, including penalties and interest, due and owing in respect of the property must be fully paid; and d. The property owner must have entered into a Revitalization Tax Exemption Agreement with the City and have completed any required conditions.

P313

Page4 BYLAW NUMBER 5363

5. Issuance of an Exemption Certificate

Once the conditions established under this Bylaw and the Revitalization Tax Exemption Agreement have been met, a Revitalization Tax Exemption Certificate must be issued for the property, which specifies the following: a. The term of the tax exemption; b. The formula for determining the tax exemption; c. The conditions on which the tax exemption is provided; and d. That a recapture amount is payable if the certificate is cancelled and how that amount is to be determined. 6. Conditions within an Exemption Certificate

An Exemption Certificate issued under this bylaw will be subject to the property owner complying with all of the following conditions: a. All property taxes, including penalties and interest, that are payable in respect of the eligible property, and all other properties within the City owned by that person, must be fully paid; b. Any criteria which made the development eligible for incentives under this bylaw must be maintained for the duration of the tax incentive available under this bylaw; and c. The property owner must not be in breach of the Revitalization Tax Exemption Agreement. 7. Recapture of Exempted Taxes

If a property that has benefited from a tax exemption under the Revitalization Tax Exemption Program established by this bylaw ceases to meet all the conditions of the Exemption Certificate as a result of wilful · alterations, then the Exemption Certificate shall be cancelled and all the taxes which were exempted in respect of that property shall be repaid, plus interest, as if the taxes had never been exempted, and the Collector shall add those taxes to the roll for that property.

P314

Page 5 BYLAW NUMBER 5363

8. Severability If any section, subsection, clause or phrase of this bylaw is held to be invalid for any reason by a court or competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of the bylaw. READ A FIRST TIME this 23rd day of April, 2012. READ A SECOND TIME this 23rd day of April, 2012. READ A THIRD TIME, this 23rd day of April , 2012.

NOTICE pursuant to Section 227(3) of the Community Charter provided on the 29th day of April, 2012 and the 6th day of May, 2012.

ADOPTED this 14th day of May, 2012.

· Mayor

'R. Sawatzky'

'P. Bridal' Corporate Officer

P315

SCHEDULE 'A' Attached to and Forming Part of Bylaw 5363 City of Vernon Revitalization Tax Exemption Bylaw (Waterfront Neighbourhood Centre) Bylaw Number 5363, 2012

Cll

~ ·· ....·

Page 18

P353

SCHEDULE "A" Attached to and forming part of Bylaw #5500

I I

A.

B.

I c.

I

I

D.

E.

I F. I G.

Centennial Outdoor Rink Dry Floor Rates Recreation Programs Youth Adult School District No. 22 N/C during school hours Outside school hours- youth rate applies Community Use Day Rate Adult- Reg_ Season Mar 1 - Nov 30 where available Youth - Reg Season Minor- Reg Season Commercial Local - Day Rate Non-Resident Business - Day Rate Private Sponsored Entertainment Local - Prevailing Adult Rate Second Performance greater of 7.5% gross or Non-Resident- Prevailing Adult Rate Second Performance greater of 10% gross or No Current Private Contracts Setup I Takedown 50% of regular rate

Page 19

Rate 2013-14

Rate 2014-15

$19.46 $38.93

$19 .97 $39.94

N/C $25.30

N/C $25.96

$194.59 $38.93 $25.30 $19.46

$199.65 $39.94 $25.96 $19.97

$325.23 $650.45

$333 .69 $667.36

$411.73 $187.73 $823.47 $315.18

$422.44 $192.61 $844 .88 $323.38

P354

SCHEDULE "A" Attached to and forming part of Bylaw #5500

Multi Use Facility

January 25th, 2002

The facility was constructed to provide needed ice time ·and to be one of the premier facilities in the Greater Vernon area.

One of the purposes of the facility is to attract

events that otherwise would not be available for the citizens of the community to enjoy (special events). To provide a facility to host these types of events is costly and the people who attend these events, or sponsor these events, should be prepared to pay an appropriate fee to use/attend the facility.

One of the challenges is to find that balance in fees that is most beneficial to the owner, yet still affordable enough to attract events and users. The fee structure has been put together with these principles in mind.

It is also important that the operators have

flexibility and the authority to negotiate fees/charges for major events and the operator should be given this authority.

The other issue is to use the facility appropriately.

The facility should be used for

speciaf events that cannot be accommodated in any other facility in the community. This would result in the best use of the ice time plus the most efficient use of all facilities in the community.

The facility was originally called the Greater Vernon Multiplex.

In January, 2008 the

name was changed to Wesbild Centre after a sponsorship agreement was reached with Wesbild Construction in January, 2008. In June of 2013 the name changed to Kal Tire Place after a sponsorship agreement was reached with Kal Tire.

Page 20

P355

SCHEDULE"A" Attached to and forming part of Bylaw #5500

A.

B.

c.

D. E.

F. G.

Multi Use Facility Ice Rates Recreation Programs Youth Adult School District No. 22 During school hours Community Use Adult- Reg Season Sept 1 -Mar 31 Adult- Non Prime Ad uIt - Off Season Youth- Reg Season Sept 1 -Mar 31 (65% of rate) Youth- Off Season Minor- Reg Season Sept 1 -Mar 31 (50% of rate) Minor- Off Season Minor- Off Season Day (max 10 hours) Commercial Private Sponsored Entertainment Other- Current Contracts Junior Hockey as Per Contract Setup I Takedown Day 50% of regular rate

Page 21

Rate 2013-14

Rate 2014-15

$97.07 $194.13

$99.59 $199 .18

N/C

N/C

$194.13 $97.07 $194.13 $126.18 $126.18 $97.07 $97.07 $2,140.86

$199 .18 $99.59 $199.18 $129.47 $129.47 $99.59 $99.59 $2196 .52

P356

SCHEDULE"A" Attached to and forming part of Bylaw #5500

A.

B.

Multi Use Facility Dry Floor Rates Recreation Programs Youth Adult School District No. 22 Priest Valley and MUF: N/C during school hours Civic Arena: Hourly labour min 3 hours

Rate 2013-14

Rate 2014-15

$50.34 $100.68

$41 .61 $83.21

N/C

N/C $39.45

$WM $38.86 $1205.29

Grad Ceremony $1236 .62 Community Use Adult- Reg Season Apr 1 -July 31 where available $100.68 $83 .21 Youth- Reg Season Apr 1 -July 31 where available $65.44 $54.09 Minor- Reg Season Apr 1 -July 31 where available $50.34 $41.61 D. Commercial Local- greater of 15% ticket sales or rate $2891.82 $2967.01 Non-Resident Business -greater of 15% ticket sales or rate $3293.05 $3378 .67 Local Non Profit greater of 15% admission or $2409.85 $2472.51 Private Sponsored Entertainment E. Local - greater of 15% ticket sales or rate $2409.85 $2472 .51 Concert- greater of 15% ticket sales or rate $1686.89 $1730.75 No Current Private Contracts F. G. Setup I Takedown Day 50% of regular rate .. * In add1tton to the above fees, there will be a displacement fee for events held during the ice season.

c.

Room Rentals A.

I B.

I I

c.

I D.

Grand Room (2,243 ft2) 26.9' x 83.4' Capacity 350 people, 200 seated at tables Hourly Day Board Room (354 ft2) 15.5' x 22.9' Capacity 42 people Hourly Day Training Room (1, 127 ft2 ) 23' x 49' Hourly Parking Lot Hourly Per Day Farmers Market as per contract

Page 22

Rate 2013-14

Rate 2014-15

$24.56 $245.71

$25.20 $252.10

$11.43 $100.39

$11.72 $103.00

$17.59

$18.05

$35.82 $286.52

$36 .75 $293.97

P357

SCHEDULE"A" Attached to and forming part of Bylaw #5500

A.

B.

c.

D.

E.

F.

G. H.

Curling Rink April 1 - Sept 15 (Dry Floor) Recreation Programs Youth Adult School District No. 22 During school hours no charge Outside school hours - Hourly Day Rate %Day Rate Community Use Adult- Hourly Adult- Day Rate Adult- 1/2 Day Commercial Local - Day rate only Non-Resident Business - Day rate only Private Sponsored Entertainment Local- Day Second performance greater of 7.5% gross sales or Non-Resident- Day Second performance greater of 10% gross sales or No Current Private Contracts Setup I Takedown Day 50% of""'"" ' 1'"'" "'"'"'"' Day Rate Tables/Chairs/Staging Tables/Chairs per 100 Staging @ Current Labour Rates

Rate 2013-14

Rate 2014-15

$43.09 $86.18

$44.21 $88.42

N/C $56.02 $861.84 $410.40

N/C $57.47 $574.76 $273 .70

$86.18 $861.84 $410.40

$88.42 $884 .25 $663.19

$1,365.76 $2,731.53

$1459 .01 $2962 .24

$1,488.57

$1061 .10

$596.62

$424.44

$2,977.14

$2122 .20

$833.09

$848.88

$40.52

$41 .57

* NOTE: The Curling Club facility is owned and operated by the Vernon Curling & Athletic Club. It is leased to the City of Vernon from April 1st through September 15th each year.

Page 23

P358

SCHEDULE "A" Attached to and fo rming part of Bylaw #5500

A.

B.

c.

Recreation Complex Auditorium Main Floor Rental Recreation Programs Youth Adult School District No. 22 During school hours no charge Outside school hours hourly Day Rate 1/2 Day Community Use Adult- Re§

D.

E.

F. G. H.

~easeR ~e13t ~

Mar 3~ Hourly

Adult- Day Rate Adult- 1/2 Day Commercial Local - 1/2 day Local - Day rate only Non-Resident Business - 1/2 Day Non-Resident Business - Day rate only Private Sponsored Entertainment Local- Day Second performance greater of 7.5% gross sales or Non-Resident- Day Second performance greater of 10% gross sales or No Current Private Contracts Setup I Takedown - Day 50% of,..,.., . . . ,),..,,.. . .,.,..,.., Day Rate Tables/Chairs/Staging Tables/Chairs per 100 Staging @ Current Labour Rates

Rate 2013-14

Rate 2014-15

$45.70 $91.41

$32 .68 $65.35

N/C $59.41 $615.97 $451.88

N/C $42.48 $424.78 $318.58

$4+44-

$65.35

$91.41 $615.97 $451.88

$653 .50 $490 .13

$842.06 $1,036.11 $1,683.44 $2,072.25

$808 .71 $1078 .28 $1641 .92 $2189 .23

$771.04 $306.75 $1,542.08 $428.77

$784.20 $313.68 $1568.40 $627.36

$40.52

$41 .57

At CUFFCRt

labour

Rate

* Auditorium Main Floor rental includes use of the auditorium, stage and foyer areas only. Meeting rooms are rented separately.

Page 24

P359

SCHEDULE "A" Attached to and forming part of Bylaw #5500

I I

A.

B.

I c.

Recreation Complex Creekside Conference Centre Recreation Pro_g_rams Youth Adult School District No. 22 During school hours no charge Outside school hours Day Rate Yz Day Rate Community Use Adult Dart Qo-o>c-nn Qonf ...... 1 1\JI,., .. 'l 1 Hourly Adult- Day Rate Adult- 1/2 Day Commercial Local- Day rate only Local- 1/2 Day Non-Resident Business- Day rate only Non-Resident Business - 1/2 Day Private Sponsored Entertainment Local- Day Non-Resident - Day No Current Private Contracts Setup I Takedown Day 50% of Fe§!::llaF Fate Day Rate Tables/Chairs/Staging Tables/Chairs per 100 Staging@ Current Labour Rates ·~;::,

I

I

D.

E.

I F. I G. I

H.

~~

·~'

~

Rate 2013-14

Rate 2014-15

$41.15 $82.30

$38.44 $76.88

N/C $53.49

N/C $49.97 $499.73 $374.80

$82.30 $749.34 $532.23

$76.88 $768 .82 $576 .62

$1,249.83 $970.62 $2,499.72 $1,919.12

$1268 .55 $951.41 $2575 .55 $1931 .66

$899.21 $1,798.41

$922.58 $1845.16

$40.52

$41.57

At current Labour

Rate

* Creekside Conference Centre rental includes use of entire facility including break out rooms.

Page 25

P360

SCHEDULE ''A" Attached to and forming part of Bylaw #5500

A.

B.

c.

Recreation Complex Meeting Room Renta l Recreation Programs Youth Hou rly Youth% Day Youth Day Rate Adult Hourly Adult 1/2 Day Adu lt Day Rate School District No. 22 During school hours no charge Outside school hours- 1/2 Day Day Rate Community Use Adult- Hourly Adult- Day Rate Adult- 1/2 Day Commercial Local- 1/2 Day Local- Day rate only Non-Resident Business- 1/2 Day Non-Resident Business - Day rate only Private Sponsored Entertainment No Current Private Contracts Setup I Takedown Day 50% of Fe§l:llaF Fate Day Rate Tables/Chairs/Staging Tables/Chairs per 100 Staging @ Current Labour Rates ;

D.

E.

F. G. H.

2014 West Rate

2015 West Rate

2014 East Rate

2015 East Rate

$28.92 $66.42 $110.35

$14.84 $34.08 $56.61 $29.67 $68 .15 $113.22

$40.71 $94 .28 $156.41

$20 .89 $48.37 $80 .24 $41.77 $96.73 $160.48

N/C $66.42 $110.35

N/C $44.30 $73.59

N/C $94.28 $156.41

N/C 62.87 104.31

$28.92 $110.35 $66.42

$29.67 $113.22 $68 .15

$40.71 $156.41 $94.28

$41 .77 $160.48 $96.73

$106.06 $176.77 $212.13 $353.54

$108.82 $181.37 $217.65 $362 .73

$151.06 $250.69 $259.26 $501.38

$154.99 $257.21 $266 .00 $514.42

$40.52

$41 .57

At SUFFeR! baesuF Rate

'

* Meeting room(s) rates are discounted 50% when rented in conjunction with the Auditorium (subject to all areas being available). This applies to all rental categories.

Page 26

P361

SCHEDULE"A" Attached to and forming part of Bylaw #5500

A.

B.

Recreation Centre Kitchen Rental Recreation Programs MIN (per hour) MAX (per hour) Community Use Full Kitchen - no place settings Place Settings each Prep Area Only (no dishes, stoves/ovens, dishwasher, etc.)

.

..

r'lff Qifo Donf...,l r.f Dl...,r-o Qoffinrt Single FamilyService Total San LCCharge 900 ·450 -450

$81,015.45 $4,854.17 $900.85

$45,616.76 $83,960.69 $26,033.65 $60,196.99 SS,l09.99

639.41

$220,918.08

Si1

!

cs·

::s)>

1

$86,770.47

Area Otange to exempt Single TotalStann LC Storm Main Allocation Family Service Charge

132.03 243.01 75.35 174.23 14.79

""'0

"C

-

cnDliif

2.(") l>iif::l"

3-~ c. (I) ::SDl(I) "