REPORT TO COUNGIL - The City of Vernon

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THE CORPORATION OF THE CITY OF VERNON REPORT TO COUNGIL SUBMITTED BY: SUBJEGT: Matt Faucher, Current Planner COUNCIL MEETING: REG X COW n UC n COUNCIL MEETTNG DATE: Aprit 1 j,2022 REPORT DATE: Aprit 1 ,2022 FILE: 3340-20 (OCp00085 & 2ON00363) OFFICIAL COMMUNITY PLAN AND ZONING AMENDMENT APPLICATIONS FOR 6141 HIGHWAY 97 6162 PLEASAN T VALLEY ROAD AND 5975 LEFOY ROAD PURPOSE: To review the Official Community Plan and zoning amendment applications subsequent to the public information session forthe properties located at6141 Highway 97,6162 pleasant Valley Road and 5g75 Lefoy Road which propose changes to the land use dLsignations and zoning districis of the subject properties in order to permit future development and accommbdate a future road network. RECOMMENDATION: THAT Council support the application (OCP000S5) to amend the Official Community plan land use dESigNAtiONS fOT LT 5 PL KAP68O38 SEC 11 TWP 8 ODYD MERIDIAN 6 MERIDIAN W6, EXCEPT PL KAP71859 AND EPP706_S0 (6141 HighwaygT), LT 1 PL 23048 SEC 11 TWP 8 ODyD $lAZ pteasant v_llley Road), and LT 4 PL KAP68038 SEC 11 TWP 8 ODYD EXCEPT pL Epp56407 AND Epp70680 (5975 Lefoy Road) from 'Community Commercial', 'RES (NORD)', 'Residential Medium Density,and ,parks and Open Space'to 'Community Commercial', 'Residential Medium Density'and 'Parks and Open Space, as outlined in the report titled "Official Community Plan and Zoning Amendment Applications for 6141 Highway 97, 6162 Pleasant Valley Road and 5975 Lefoy Road" OLteC April 1 , 2d22 and respectfully submitted by the Current Planner; AND FURTHER,^that Council support the application to rezone the subject properties from 43 - Rural Small Holdings, R4 - Small Lot Residential and R1 - NORD - Single Family Residentiat to C3 - Mixed Use Commercial, C11- Service Commercial, P1 - Parks and Open Space, RM2 - Multiple Housing Residential, RH1 - Low Rise Apartment Residential and RH2 - Stacked Row Housing Residential, as delcribed in the report titled "Official Community Plan and Zoning Amendment Applications for Ot+i Hignway g7,6162 Pleasant Valley Road and 5975 Lefoy Road" dated April 1 ,2022 and respectfully submitte"O Uy the Current Planner; AND FURTHER, that Council consider the referral process already undertaken with persons, organizations and authorities which are considered to be affected by the proposbd amendment to the Of1cial |ommunity Plan to be appropriate and sufficient to megt the requirements for consultation for amending an Of1cial Community Plan as established in Section 475 of the Locat Government Act; AND FURTHER, that final adoption of the OCP amendment and rezoning bylaws be subject to the following: a) Submission of a subdivision application for the subject lands to create park lots, aligning with the proposed OCP amendments, and a remainder lot, to the satisfaction of the ApprovindOtficer; b) Registration of a restrictive covenant prohibiting the use of "Apartment Housing,, in the RM2 - Multiple Housing Residential zone on proposed lots M, F and E;

Transcript of REPORT TO COUNGIL - The City of Vernon

THE CORPORATION OF THE CITY OF VERNONREPORT TO COUNGIL

SUBMITTED BY:

SUBJEGT:

Matt Faucher, Current Planner COUNCIL MEETING: REG X COW n UC nCOUNCIL MEETTNG DATE: Aprit 1 j,2022REPORT DATE: Aprit 1 ,2022FILE: 3340-20 (OCp00085 & 2ON00363)

OFFICIAL COMMUNITY PLAN AND ZONING AMENDMENT APPLICATIONS FOR6141 HIGHWAY 97 6162 PLEASANT VALLEY ROAD AND 5975 LEFOY ROAD

PURPOSE:

To review the Official Community Plan and zoning amendment applications subsequent to the publicinformation session forthe properties located at6141 Highway 97,6162 pleasant Valley Road and 5g75Lefoy Road which propose changes to the land use dLsignations and zoning districis of the subjectproperties in order to permit future development and accommbdate a future road network.

RECOMMENDATION:

THAT Council support the application (OCP000S5) to amend the Official Community plan land usedESigNAtiONS fOT LT 5 PL KAP68O38 SEC 11 TWP 8 ODYD MERIDIAN 6 MERIDIAN W6, EXCEPT PLKAP71859 AND EPP706_S0 (6141 HighwaygT), LT 1 PL 23048 SEC 11 TWP 8 ODyD $lAZ pteasantv_llley Road), and LT 4 PL KAP68038 SEC 11 TWP 8 ODYD EXCEPT pL Epp56407 AND Epp70680(5975 Lefoy Road) from 'Community Commercial', 'RES (NORD)', 'Residential Medium Density,and ,parksand Open Space'to 'Community Commercial', 'Residential Medium Density'and 'Parks and Open Space,as outlined in the report titled "Official Community Plan and Zoning Amendment Applications for 6141Highway 97, 6162 Pleasant Valley Road and 5975 Lefoy Road" OLteC April 1 , 2d22 and respectfullysubmitted by the Current Planner;

AND FURTHER,^that Council support the application to rezone the subject properties from 43 - Rural SmallHoldings, R4 - Small Lot Residential and R1 - NORD - Single Family Residentiat to C3 - Mixed UseCommercial, C11- Service Commercial, P1 - Parks and Open Space, RM2 - Multiple Housing Residential,RH1 - Low Rise Apartment Residential and RH2 - Stacked Row Housing Residential, as delcribed in thereport titled "Official Community Plan and Zoning Amendment Applications for Ot+i Hignway g7,6162Pleasant Valley Road and 5975 Lefoy Road" dated April 1 ,2022 and respectfully submitte"O Uy the CurrentPlanner;

AND FURTHER, that Council consider the referral process already undertaken with persons, organizationsand authorities which are considered to be affected by the proposbd amendment to the Of1cial |ommunityPlan to be appropriate and sufficient to megt the requirements for consultation for amending an Of1cialCommunity Plan as established in Section 475 of the Locat Government Act;

AND FURTHER, that final adoption of the OCP amendment and rezoning bylaws be subject to the following:

a) Submission of a subdivision application for the subject lands to create park lots, aligning with theproposed OCP amendments, and a remainder lot, to the satisfaction of the ApprovindOtficer;

b) Registration of a restrictive covenant prohibiting the use of "Apartment Housing,, in the RM2 -Multiple Housing Residential zone on proposed lots M, F and E;

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c) Registration of a restrictive covenant prohibiting the uses of "Drive-Through Services", "Drive-Through Vehicle Services" and "Gas Bar" in the C11 - Service Commercial zone on proposed lotsR and N; and

d) Final provincial approval of the Riparian Areas Protection Regulation: Assessment Report andissuance of an Environmental Development Permit covering both BX Creek and Klim Brook.

ALTERNATIVES & I MPLICATIONS:

THAT Council not support the applications as outlined in the report titled "Official Community Plan andZoning Amendment Applications for 6141 Highway 97,6162 Pleasant Valley Road and SSZS tetoyRoad" dated April 1 , 2022 and respectfully submitted by the Current Planner to amend the OfficialCommunity Plan land use designations (OCP00085) and zoning districts (2ON00363) for LT S pLKAP68O38 SEC 11 TWP 8 ODYD MERIDIAN 6 MERIDIAN W6, EXCEPT PL KAP71859 ANDEPP70680, (6141 Highway 97), LT I PL 23048 SEC 1 1 TWP 8 ODYD (6162 Pleasant Vattey Road),and LT 4 PL KAP68038 SEC 11 TWP 8 ODYD EXCEPT PL EPP56407 AND EPP70680 (5975 LefoyRoad) and direct Administration to close the applications.

Note: This alternative does not support the Officiat Community PIan amendment and rezoningapplications. Ihe prevailing zoning and land use desrgnations of the subject properties would remainand the applications would be closed.

A. Gommittee Recommendations:

At its meeting of March 29,2Q22, the Advisory Planning Committee passed the following resolution:

"THAT Council support the application (OCP00085) to amend the Official Community Ptan land usedesignations for LT 5 PL KAP68038 SEC 11 TWP I ODYD MERTDIAN 6 MERTDIAN W6, EXCE7T pLKAP71859 AND EPP70680 (6141 Highway 97), LT 1 PL 23048 SEC 11 TWP I ODYD (0102 pteasantVAIIEY ROAd), ANd LT 4 PL KAP68O38 SEC 71 TWP 8 ODYD EXCEPT PL EPP564O7 AND EPP7O68O(5975 Lefoy Road) from'Community Commercial', RES (NORD)', 'Residentiat Medium Density'and'parksand Open Space' to 'Community Commercial', 'Residentiat Medium Density' and 'Parks and Open Space'as outlined in the report titled .Official Community Plan and Zoning Amendment Applications for 6141Highway 97, 6162 Pleasant Valley Road and 5975 Lefoy Road" dated March 25, 2022 and respectfullysubmitted by the Current Planner;

AND FURTHER, that Council support the application to rezone the subject properties from 43 - Rural SmaltHoldings, R4 - Small Lot Residential and R7 - NORD - Singte Family Residentiat to C3 - Mixed tJseCommercial, C11 - Servrbe Commercial, P1 - Parks and Open Space, RM2 - Multipte Housing Residential,RH1 - Low Rise Apartment Residential and RH2 - Stacked Row Housing Residential, as deicribed in thereport titled .Official Community Plan and Zoning Amendment Applications for 6141 Highway g7, 6162Pleasant Valley Road and 5975 Lefoy Road" dated March 25, 2022 and respectfully iubmittea Oy tneCurrent Planner;

AND FURTHER, that Council consider the referralprocess already undertaken with persons, organizationsand authorities which are considered to be affected by the proposed amendment to the OfficiatCommunityPlan to be appropriate and sufficient to meet the requirements of Section 475 of the Local Government Aci;

AND FURTHER, that final adoption of the OCP amendment and rezoning bytaws be subject to the following:

a) Submission of a subdivision application for the subject lands to create park lots, aligning withthe proposed OCP amendments, and a remainder lot, to the satisfaction of the ApprovingOfficer;

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b) Registration of a restrictive covenant prohibiting the use of "Apartment Housing" in the RM2 -Multiple Housing Residentialzone on proposed lots M, F and E;

c) Registration of a restrictive covenant prohibiting fhe uses of "Drive-Through Seruices'l "Drive-Through Vehicle Seryices" and "Gas Bar" in the C11 - Seruice Commercial zone on proposed lotsR and N; and

d) Final provincial approval of the Riparian Areas Protection Regulation; Assessment Report andissuance of an Environmental Development Permit covering both BX Creek and Kim Brook."

B. Rationale:

Public lnformation Session

ln accordance with the OCP Amendment Applications Policy, a public open house was hosted by the Cityof Vernon to provide community residents with an additional opportunity to consider the application prior tothe proposed bylaw amendment being considered by Council for First Reading.

Due to Public Health restrictions associated with the Covid-19 pandemic, the public information session wasconducted online over a two week period using the Engage Vernon platform (enqaqevernon.ca). UtilizingEngage Vernon allowed interested members of the public a longer timeframe to review documents and toprovide responses than would occur during a traditional in person session (typically a one hour session).The public information session was advertised in the Vernon Morning Star in the February 3 and February10 editions.

A total of five members of the public submitted comments to the City (Attachment 1). The main concernsand requests are as follows:

r There is a private water service in front of 6162 Pleasant Valley Road, as well as a private waterlinerunning parallel to Klim Brook through the subject properties operated by the Klim Brook WaterCommunity.

. Requesting a fenced dog park to be included in the development.o Environmental concerns were raised with respect to habitat loss and runoff from the development

into BX Creek.. Concerns were raised regarding the impact of increased traffic from the development and potential

safety risks.. Request for the proposed development to contain affordable housing with legal instruments in the

place to ensure it remains affordable over time.. Concerns were raised over the compatibility of the proposed density abutting rural lands in the

Regional District of North Okanagan (RDNO) and the respective impacts it would have on thecharacter of the area, as well as the use and enjoyment for existing residents surrounding theproposed development.

The applicant has been advised of the comments received and encouraged to follow up with respondentsin regards to the private water service present on the subject properties to determine legal status and anyobligations that may need to be addressed.

Regional Growth Strateqv

The North Okanagan Regional Growth Strategy (RGS) provides a common framework for regionaland localplanning in the North Okanagan and is intended as a strategic guide to future land use and development.The subject properties are identified in the Urban Containment Area and designated as a Growth Area.

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The RGS defines GroMh Areas as follows:

'GROWTH AREAS; are serviced by water and sewer infrastructure and are defined bythe Rural Protection Boundary. Growth Areas are intended to contain the diversity of tneregion's established communities with urban densffies (/ofs /ess than t hectare).'lJrbanlevels of seruice, including water and sewer infrastructure extensions, witt be timited toGrowth Areas. Growth Areas do not necessarily correspond to municipal or electoral areaboundaries (existing or proposed). Growth Area bound'aries respect piast agreements andcomprehensive neighbourhood ptanning initiatives that have access fo exiiting water andsewer i nfrastructure. "

The RGS has established Goal UC-1: F99us Development lnto Growth Areas, to encourage growth anddensity within designated Growth Areas (Attachment b;. fne properties within RDNo located between thesubject properties and Pleasant Valley Road are envisioned to redevelop over time into higher densitiesthan their current level.

Given the close proximity of the subject properties to employment lands, services and the transportationnetwork, as well as the existing OCP land_use designation oi Residential Medium Density, Administrationsupports increased density in this area. Of the available zoning districts that align witn ine ResidentialMedium Density land use designation, Administration supports tne use of the R-Mz - nfuitipre HousingResidential zone (60 units/ha,24.5 units/ac) provided thata covenant be registered on tile prohibiting theconstruction of apartment housing on these specific proposed lots. lt is Administration's recommendationthat while the level of density is appropriate for the site, the built form of an apartment structure would notbe an appropriate use as a transition from the city to the RDNo in this location. Designated Growth Areasare illustrated in Figure 1.

Figure 1: Regional Growth strategy - Urban containment Area.i

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Official Gommunitv Plan Guidinq Principles Review

ln accordance with Council's OCP Amendment Applications Policy, the application has been assessed todetermine if it is contrary to any of the Guiding Principles of the Official Community Plan (OCP) as follows:

Foster prosperity for people, business and government

"Economic development initiatives are focused on growing a diversified tocat economy whereresrdenfs and business fhnve. Fair and equitable development policies ensure that this prosperityenhances the City's ability to provide cost effective quality seryices and infrastructure."

The application proposes to incorporate commercial uses within the subject property, as well as provide adiverse mix of housing types within close proximity to employment lands, services and amenities. Theadditional density in the area would help support economic groMh in the City. Being that the subject site isdesigned as a compact development in an area that is in close proximity to existing City infrastructure, thedevelopment promotes cost effective use of services and infrastructure.

Protect and preserve green spaces and sensitive areas

"Urban growth is focused in areas with existing development and in neighbourhood ptan areas, whileecologically senstfive lands are identified and protected. A comprehensive parks sysfem providesgreen spaces for people and protects naturalareas and habitats."

The application proposes development of lands identified in the North Vernon Neighbourhood plan andwithin the Growth Area as defined in the Regional Growth Strategy (RGS). The subject properties arecommonly known as Anderson Ranch. The applicant has demonstrated that their proposal is in accordancewith the principle of protecting and preserving green space and sensitive areas. The applicant hascommissioned an environmental review of the subject lands by a Qualified Environmental Professionalwhich has been utilized in the design of the proposed OCP and zoning amendments. The applicant hasprovided a right-of-way along BX Creek to facilitate public access and aligned the OCP and zoningdesignations proposed in accordance with the recommendations provided in the QEP report surroundingthe knoll.

Ensure housing meets the needs of the whole community

"A mix of housing types meefs the needs of all Vernon residents, reflecting the large variety ofhousehold types and incomes in the city. Ever changing housing needs of new and existing residentsare anticipated and accommodated."

The application proposes to amend the OCP designation of a portion of the lands from CommunityCommercial to Residential Medium Density. This proposed change would allow for an increase in availableresidential lands to create multi family dwelling units. The proposed zoning amendments provide for a mixof zones that would allow for a diverse selection of built forms to accommodate a variety of household typesand income levels.

Create a culture of sustainability

"Drawing from our shared community history and vision, Vernon resrdenfs, busrnesses andorganizations are active participants in pursuing economic, environmental and social sustainabilityand resilience."

The subject properties are intertwined with the City's history (former site of Anderson Ranch) and act as thenorthern gateway to Vernon from the RDNO. The proposed OCP and zoning amendments would allow for

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both residential and commercial uses providing the opportunity for Vernon residents, businesses andorganizations to become established in a complete neighbourhood with ready access to services, amenitiesand active transportation options.

Protect agricultural land

"Recognizing the important role that local agriculture plays in Vernon's economy, history, foodsecurity and community health, agricultural lands are protected while the viability of farming in thearea is supported and improved."

Though the subject properties were historically used for agricultural purposes, they are not contained withinthe Agricultural Land Reserve. Additionally, the existing OCP designations envision the subject propertiesas a mix of commercial and medium density residential uses.

Create strong, compact and complete neighbourhoods

"As neighbourhoods develop, essenfra/ elements such as housing, employmenf, shops, parks, schoo/sand other amenities can be found in closer proximity to one another, making alternatives to drivingmore attractive and viable while improving road safety. Where redevelopment in established areasis proposed, the existing neighbourhood characfer rs respected."

The proposed amendments would allow for housing, employment, shops and parks to be contained withinthe development making alternatives to driving more attractive. Additionally, the subject properties are in

close proximity to existing established employment lands, services and transportation routes, as well asregional parks and trail networks. The subject properties are identified for increased density due to theirlocation with respect to existing services and amenities.

Provide alternative transportation

"lnvestment in cycling, walking and transit infrastructure is integrated with land use planning toprovide a range of viable transportation choices to reduce air pollution and greenhouse gasemissions while contributing to better health."

The application integrates cycling and walking with the proposed land uses on the subject properties. Theapplicant has demonstrated investment in cycling and walking infrastructure through the dedication of landsalong BX Creek to provide contiguous trail connections with the existing regional trail network, as well asplans to incorporate trail connections through the development to provide connection to the park lands atthe centre of the proposed development. Should the proposed amendments receive approvalfrom Council,any required transit infrastructure would be reviewed through the subdivision and development permitprocesses.

Revitalize the Downtown

"Reinforce Vernon's City Centre as the key redevelopment area in the city. Strategic infrastructureinvestments, policies and programs promote development that resu/fs in more jobg busrnesses,attractions and residents locating in the area."

As the development is located at the northern boundary of the City, revitalization of the downtown is notapplicable to the proposed amendments.

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Greate a Youth Friendly Gity

"Attract, retain and support youth and young families by providing them with fulfilling employment,involving them in decision making processes and creating a city that they want to live in."

By providing a mix of medium density housing options, the proposed amendments would help attract, retainand support young families by providing attainable housing options in close proximity to employmentopportunities, services, and established alternative transportation routes. The diversity of potential builtforms permitted within the proposed zones provides for the accommodation of various household types andincome levels.

Analvsis

The subject properties, located at6141 Highway 97,6162 Pleasant Valley Road and 5975 Lefoy Road,are approximately 6.2ha (15.4 ac), 0.53 ha (1.3 ac) and 3.4 ha (8.4 ac) respectively, with a combinedtotal area of approximately 10.12ha (25 ac). 6162 Pleasant Valley Road was annexed into the Citythrough a boundary extension in 2014 and retains its RDNO OCP and zoning designations. The subjectproperties are located in the North Vernon Neighbourhood Plan Area.

2. Detailed background on the subject properties and proposed amendments was provided in the reporttitled "Official Community Plan and Zoning Amendment Applications for 6141 Highway 97, 6162Pleasant Valley Road and 5975 Lefoy Road", dated December 3,2021, and respectfully submitted bythe Current Planner at Council's Regular Meeting of December 13, 2021 (Attachment 2).

3. OCP Amendment Application 00085 (Proposed OCP Land Use Map - Attachment 3) proposes to adjustboundaries of the Park and Residential Medium Density land use designations based onrecommendations contained in the QEP report, as well as to change a portion of the area designatedas Community Commercial to Residential Medium Density. Additionally, the proposal is to establish theCity's OCP designation of Residential Medium Density on 6162 Pleasant Valley Road which currentlyretains its RDNO OCP designation. The current and proposed OCP land use designations are illustratedin Figure 2.

Figure 2: Gurrent and Proposed OCP Land Use Map

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4. The applicant has provided RDNO with a right-of-way along the east side of BX Creek to facilitate trailconnectivity to the boundary of the City. The agreement was formalized in 2015, providing RDNO withpublic access along BX Creek in exchange for the City providing credit for this land towards the parkdedication requirements of future subdivisions of the property. Further details on a public access trailnetwork to the knoll will be established through the subdivision and development permit processes.

5. Zoning Amendment Application 00363 (Proposed Zoning District Map - Attachment 4) proposes tochange existing zoning districts in accordance with the existing (and proposed) OCP land usedesignations. The majority of the subject properties currently hold A3 - Rural Large Holdings and RR -Rural Residential zoning, which do not align with the Residential Medium Density and CommunityCommercial OCP land use designations of the subject properties. The current and proposed zoningdistricts are illustrated in Figure 3.

The application proposes its highest densities of RH2 (Lot A) and RH1 (Lot C and G) tocated to thesouth of the site, following along the east side of BX Creek wrapping around to the north side of the knollbefore transitioning to RM2 where the site abuts rural properties within the RDNO. The applicationproposes to change the existing designation of 43 to C11 on the west side of 20th Street (Lot N and R).A change from A3 to C3 is proposed to the north of the 20th Street extension and along the east side ofRoad B (Lots J and H). Additionally, the application proposes to amend the zoning on the eastern portionof 5975 Lefoy Road (Lot E) from R4 - Small Lot Residential to RM2 - Multiple Housing Residentialwhich is consistent with the existing OCP land use designation of Residential Medium Density. Theapplication proposes to amend the zoning designation for Lot M, as well as Lot F to RM2 - MultipleHousing Residential.

Figure 3: Gurrent and Proposed Zoning District Map

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7 ' The application proposes that Lots M, F and E, which abut RDNO properties that are currenly developedas single family residential, be zoned RM2 - Multiple Housing Residential. During the publiilnformationSession, Administration received comments from some of tne adjoining nbruO property ownersexpressing concern with the density proposed along the municipal boundary. Of note, the subjectproperties, as wellas the adjoining lots within RDNO located between the subject properties and westof Pleasant Valley Road, are identified in the RGS as within the established GroMlr Area.

8. The application proposes to zone the north east portion of the subject properties (Lots L and K) to provideincreased opportunity for residential development. Administration is supportive of this cnange given thesites' close proximity to established commercial lands. The change wouid allow for increasJd density inthe area to further support nearby commercial uses, as well as inirease the number and type of housingsupply within the City.

9' The application proposes to zone the north west section of the subject properties (Lots J and H) to C3- Mixed Use Commercial. The C3 zone provides for a variety of commercial and iesidential uses andmeasures density in Floor Space Ratio (FSR). The maximum density in the C3 zone is 0.4 FSR forcommercial uses and 0.3 FSR for residential uses (total of 0.7 FSR). As the density allowance iscomprised of FSR calculations for both residentialand commercial uses, a mix of both woutO be requiredfor development to achieve its highest and best use potential.

10. To the west of 20th Street (Lots R and N), the application proposes the C11 - Service Commercial zonewith a maximum density of 1.8 FSR. The C11 zone provides for a wide variety of uses. However, bothAdministration and Ministry of Transportation and lnfrastructure (MoTl) agree ihat supporting a gas baror drivethrough would be problematic on the site. As such, it is recommended that a restrictive covenantbe placed on title to prohibit gas bars, drive-through services and drivethrough vehicle services on lotsR and N. As this is a condition of MoTl's approval, it will be required to be regiJtered prior to MoTl signoffon the amendment bylaw. Further environmental investigation into the conditions of lots R and trt wi1 Oecompleted through the subdivision and development permit processes prior to development.

11. Final location and design of the road network (Road 'A', 'B' and the 20th Street extension) will beestablished through the subdivision process. The applicant is working with the owner of b902 pleasantValley Road to create a mutually beneficial agreement to connect Road 'A' with Sgth Avenue.Realignment of existing rights-of-way and easements will be required as part of the subdivision process.

12.The applications will require a Public Hearing prior to Council's consideration of Third Reading. Shouldthe applications progress to Third Reading, signoff from MoTl on the amending bylaws (Attaciments 6and 7) will be required prior to adoption. The applicant will be required to work with MoTl to determineupgrades required for the construction of the Highway Frontage Road (Road 'B'), as well as connectionof the 20th Street extension to Pleasant Valley Road.

13. The applicant is in contact with the Klim Brook Water Community, as well as RDNO, to identify thelocation and legal status of the private water services located in front of 6162 Pleasant Valley Road andalong Klim Brook which runs througn il4l Highway 97 from Pleasant Valley Road to BX Creek.

14' The province has reviewed and approved the Riparian Area Assessment Report establishing theStreamside Protection and Enhancement Area (SPEA) along BX Creek. The eEp is working with tneprovince to establish the SPEA along Klim Brook.

15'The development of the subject properties will occur over time in a phased approach. Futuredevelopment will require Development Permits and Building Permits prior to construction.

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16. To support the applications, the developer has provided to the City the following

i. Anderson Ranch Master Development Plan prepared by WSP (Attachment 8) including:i. Archaeological Overview Assessment prepared by Ursus Heritage Consulting;ii. Environmentally Sensitive Area Assessment prepared by Triton Environmental

Consultants;iii. Riparian Areas Protection Regulation: Assessment Report; and

ii. Traffic Engineering Review prepared by CTQ Consultants dated April 16, 2021 (Attachment 9).

17. Administration supports the proposed OCP and zoning amendments for the following reasons:

The applicant has provided the City with the appropriate studies and documentation to reviewthe proposed development and ensure compliance with provincial legislation and requirements.

OCP amendments requested are in accordance with the Guiding Principles of the OCP and theproposed realignment of land use boundaries surrounding the knoll and BX Creek are supportedby recommendations made in the Environmentally Sensitive Area Assessment conducted byTriton Environmental Consultants.

ilt Zoning amendments requested propose to change the existing rural zoning designations tozones that are in alignment with the existing OCP land use designations of the subject properties.The amended zones would support the development of the lands to the higher densitiesenvisioned in the OCP through a variety of built forms in an area that is close to employmentlands, services and transportation infrastructure.

iv. Development of the subject properties would allow for the creation of a substantial number ofnew dwellings (approximately 419 residential units and 2,140 m2 of commercial space) that wouldsupport a diverse mix of household types and income levels, as well as increase connectivity oftrail networks and establish new transportation connections at the northern boundary of the City.

nts:

Attachment 1 - Public lnformation Session CommentsAttachment2-Administration Report "Official Community Plan and Zoning Amendment Applications for

6141 Highway 97,6162 Pleasant Valley Road and 5975 Lefoy Road", dated December 3,2021

Attachment 3 - CurrenVProposed OCP Land Use MapAttachment 4 - CurrenUProposed Zoning District MapAttachment 5 - Regional GroMh Strategy ExcerptsAttachment 6 -6141 Highway 97, 6162 Pleasant Valley Road and 5975 Lefoy Road Official Community

Plan Amendment Bylaw 5897, 2022AttachmentT - 6141 Highway 97, 6162 Pleasant Valley Road and 5975 Lefoy Road Rezoning Amendment

Bylaw 5898,2022Attachment 8 - Anderson Ranch Master Development Plan dated May 1 1, 2021Attachment 9 - Traffic Engineering Review dated April 16,2021

Council's ic Pfan 2019 -2022c on ltems:

The subject application involves the following goals/action items in Council's Strategic Plan 2019 - 2022

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E. Relevant Policv/Bvlaws/Resolutions:

1 . At its Regular Meeting of December 13, 2021, Council passed the following resolution:

'THAT Council support presenting the Official Community Plan and zoning amendmentapplications at a public open house in order to seek public input prior to the public Hearingin accordance with Section 4 of Official Community Plan Amendment Applications policyand Section 475 of the Local Government Act (Consultation during development of officialcommunity plan), which proposes the following land use changes as outlined in the reporttitled Official Community Plan and Zoning Amendment Applications for 6141 Highway g7,6162 Pleasant Valley Road and 5975 Lefoy Road, dated December 3,2021and respecifullysubmitted by the Current Planner:

o Amend the Official Community Plan Land Use designations from 'CommunityCommercial', 'RES (NORD)', 'Residential Medium Density'and 'Parks and Open Space'to'Community Commercial', 'Residential Medium Density'and 'Parks and Open Space';and

r Rezone from A3 (Rural Small Holdings), R4 (Small Lot Residential) and R1 (NORD -Single Family Residential) to C3 (Mixed Use Commercial), C11 (Service Commercial),Pl (Parks and Open Space), R5 (Fourplex Residential Housing), RM2 (Multiple HousingResidential), RH1 (Low Rise Apartment Residential) and RH2 (Stacked Row HousingResidential)."

2. The subject property is in the North Vernon Neighbourhood pran area.

3. The OCP has the following applicable policies related to the subject application:

7.3 Support the development of the City Centre District, neighbourhood centres anddesignated multiple family areas to the densities outlined in the OCP to build compact,complete neighbourhood areas within the community and to achieve the maximumuse of municipal infrastructure.

10.5 Require development to design and construct all offsite infrastructure including roads,water, wastewater and storm systems with consideration for life cycle costs,sustainability and maintenance.

The OCP also identifies the following maximum densities and associated housing forms for theLow and Medium Density Residential land use designations:

Low Density Residential: 30 units per hectare (12 units per acre) - includes singlefamily, semi-detached and rowhousesMedium Density Residential: 1 10 units per hectare (44.5 units per acre) - includestownhouses, low-rise apartments and mixed-use developments

4. Zoning Bylaw #5000:

o 8.03 - 43 - Rural Small Holdings. 9.11 - RM2 - Multiple Housing Residentialo 9.12 - RH1 - Low Rise Apartment Residential. 9.13 - RH2 - Stacked Row Housing Residential

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. 10.03 - C3 - Mixed Use Commercial

. 10.1 1 - Cl1 - Service Commercialo 12.01- P1 - Parks and Open Space

BUDGET/RESOURCE I MPLIGATIONS:

N/A

Prepared by:

XMatt FaucherPlanner

Approved for ission to Council

, cAo

Date

XKim FlickDirector, Comm structure and Development

TION\3340 OFFICIAL COMMUNITY PLANReport\220325_mf_OCP00085_Council-Readings 1 and 2.docx

X Corporate Servicesn B/aw ComplianceX Real Estate

! RCMPX Fire & Rescue Servicesn Human Resourcesn FinancialServicesX COMMITTEE: APC (Mar.29l2O22)N OTHER:

n Operationsn Public Works/Airportn Facilitiesn Utilities

n Recreation Servicesn Parks

X Current PlanningX Long Range Planning & SustainabilityX Building & LicensingX Engineering Development Servicesn lnfrastructure ManagementX TransportationX Economic Development & Tourism

REVIEWED WITH

1st & 2nd

Attachment 1

Matt Faucher

From:Sent:lo:Cc:

Subject:

CSB ReceptionFebruary 9, 20221:46 PM

'Carl Peter'

Matt Faucher

OCP00085 - comments and inquiry

Thank you for your inquiry. I am forwarding this email to the file manager, Matt Faucher, Current Planner for response

EVA CASSIDYDevelopment ClerkCommunity lnfrastructure and Development ServicesCommunity Services Building, 3001 - 32 Avenue, Vernon, B'C., V1T 218

Office: 250.550.3634 I email: [email protected] I www.vernon.ca

j( V.?h"8,.,

From: Carl Peter

Sent: Tuesday, February 8,2022 4:31 PM

To: CSB Reception <[email protected]>

Subiect: Re: Question

The area considered for reasoning by Hwy 97 and 20th st.

> On Feb 8,2022, at 4:28 PM, CSB Reception <[email protected]> wrote

> please email me the address you are inquiring about and I will forward to appropriate department for response.

> EVA CASSIDY

> Development Clerk> Community lnfrastructure and Development Services

> Community Services Building, 3001 - 32 Avenue, Vernon, 8.C., V1T 218

> Office: 250.550.3634 I email : [email protected] I www.vernon'ca

> ---Original Me> From: Carl Peter> Sent: Tuesday, February 8,2022 4:77 PM

> To: CSB Reception <[email protected]>> Subject: Question

> **'iUse Caution - External Email***

1

; lRtrlir lr

> Would this be taking the land out of the Regional District of the North Okanagan?

> lf so they are supplied sewer and water in the new plan at the expense of NORD residents, yet taxes would go to the

City.

> G. Peter

> City of Vernon Disclaimer: This transmission (including any attachments) may contain confidential information,

privileged material(including materialprotected bythe FOlactorotherapplicable privileges), orconstitute non-public

information. Any use of this information by anyone other than the intended recipient is prohibited. lf you have received

this transmission in error, please immediately reply to the sender and delete this information from your system. Use,

dissemination, distribution, or reproduction of thistransmission by unintended recipients is not authorized and may be

unlawful.

2

Matt Faucher

From:Sent:To:

Penny F <

February 14,2022 5:00 PM

Matt Faucher

OCP00085 amendment apPlicationSubject:

*xxUse Caution - External Email***

Hi Matt,I have a few questions/wonders about this application.

1. Our water community (Klimbrook water community) has pipes that are in the ground on the property that is adjacent

to pV Road (yellow area on your map). Our water manager, Domenic Frei, knows where the lines are located.

Obviously we are not wanting these lines negatively impacted by the proposed development!

2. Will there be sidewalks or paths for walking in the proposed development?

3. ls there a possibility of having a fenced dog park included in the park area? There are many residents with dogs in

the neighbourhood (especially the 3 new rentalapartment buildings east of Vernon Creek near Walmart) and a dog park

would be, in my opinion, well used by local residents.

Sincerely,Penny Fleming

City of Vernon Disclaimer: This transmission (including any attachments) may contain confidential information,

privileged material (including material protected by the FOI act or other applicable privileges), or constitute non-public

information. Any use of this information by anyone other than the intended recipient is prohibited. lf you have received

this transmission in error, please immediately reply to the sender and delete this information from your system. Use,

dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized and may be

unlawful.

I

Matt Faucher

From:Sent:lo:Cc:

Subject:

Klimbrook WaterFebruary 14,2022 6:35 AM

Matt Faucher

Penny Fleming; Laurie Cordell

OCP00085 Amendment APPlications

Use Caution - External EmailHi Matt(External link)(External linkHiMatt,l'm writing you this email in regards to the amendment applications OCP00085 with the Property of 6L62

Pleasant Valley Road.

This property is connected to the community water system of;

"Klim Brook Water Users'Community (KBWUC)"

There is also a main waterline from KBWUC running along Pleasant Valley Rd. in front of the property 6162

This line would have to be addressed if a road is being built.

lf adjustments need to be made to the creek (Klim Brook) that runs trough 6140 PV Rd and down into the

developing area please contact us in the planning stage since we have waterlines running parallelwith the

creek.

Those waterlines are not registered with the "BCOne call" system!

Before any ground disturbance starts please contact us via this email or contact me via Phone

Domenic Frei to discuss the protection of our watersystem.

Thanks for your support

Sincerely

Domenic Frei

KBWUC Manager

City of Vernon Disclaimer: This transmission (including any attachments) may contain confidential information,

privileged material (including material protected by the FOI act or other applicable privileges), or constitute non-public

information. Any use of this information by anyone other than the intended recipient is prohibited. lf you have received

this transmission in error, please immediately reply to the sender and delete this information from your system. Use,

dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized and may be

unlawful.

1

Matt Faucher

Sent:To:Cc:

Subject:

From:

Planner

EVA CASSIDYDevelopment ClerkCommunity lnfrastructure and Development ServicesCommunity Services Building, 3001 - 32 Avenue, Vernon, B.C.' V1T 2L8

Office: 250.550. 3634 I email : [email protected] I www.vernon.ca

CSB ReceptionFebruary 9,2022 1:44 PM

'Garry'

Matt Faucher

OCP00085 RE: amendment Application OCP00085-public hearing

Thank you for your comments and inquiry. I am forwarding this email to the file manager, Matt Faucher, Current

;t V*?h%',

From: GarrySent: Wednesday, Februa ry 9, 2022 11:15 AM

To: CSB Reception <[email protected]>

Subject: RE: amendment Application OCP00085-public hearing

***Use Caution - External Email**({<

RE: amendment Application OCP00085

I am writing this letter in response to the online open house as I do know have the ability to go on

line.

I do think that this property and change has been through one or more open houses in the past

years. But I am glad that it is being attended to again.

I would like to know if the reptilian and ecological surveys have been re done since the last'

I would also like to see in writing and signed what portion of the water, sewer and 20th street

construction they applicant is paying for?

What is the reasoning for taking land from the park and putting it back into RMD class. Also will this

park be left as natural as possible and who will assume responsibility for the up keep and

maintenance of the area.

rl*.d:;ru trr

Are there any plans on where all the children from this development will go when it is complete. As

most schooti in the area are full or just about full. lf there is a problem with schools then maybe this

should be tabled until schools in the area are built or upgraded, and the developer should be

responsible for a part of this cost also.

With the size of this development has there been a traffic impact study done and has it been issued

for public view?

Where are the people who wish to use the present little walk park, and will this park be cleaned up

and maintained so people can walk by BX Creek? Has the impact study also looked at the increased

traffic on pleasant Valley Road at present barely wide enough for two vehicles and 20 Street, with the

present heavy 1ow affeit travel bythose on electrically assisted modes of transport and bicycles be

affected? Has there been any investigation on how much the runoff caused by the new 20 street and

58 avenue will be and how much damage to BX creek will it do because it contains oil, salt and other

chemicals.

It shows that there will be two collection ponds, will these leach into the soil or will they be plastic

lined and who will be held responsible for cleaning them. Where will any overflow go.

I do hope that in this new development their will be affordable housing. By this is mean housing either

for rent or purchase that are usually high quality have the quality reduced to guarantee a selling price

that normal people can purchase and the rent substantially lower than what is being charge now. lfyou purchase a home will there be a limit on what you can sell it for to assure the home will stay as

affordable and minimum length of ownership. lf the homes are rent will the rent be frozen and if so for

what length of time.

Will the developer make home that are access for those with mobility problems. Will the developer

also install but not connect chargers for electric cars.

Garry Haas

Vernon, British Columbia

ICity of Vernon Disclaimer: This transmission (including any attachments) may contain confidential information,

privileged material (including material protected by the FOI act or other applicable privileges), or constitute non-public

information. Any use of this information by anyone other than the intended recipient is prohibited. lf you have received

this transmission in error, please immediately reply to the sender and delete this information from your system' Use,

dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized and may be

unlawful.

2

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SUBMITTED BY: Matt Faucher, Planner

SUBJECT OFFICIAL COMMUNITY PLAN6141 HIGHWAY 97 6162 PLEASANT VALLEY ROAD AND 5975 LEFOY ROAD

THE CORPORATION OF THE CITY OF VERNON

REPORT TO COUNCIL

Attachment 2

COUNCIL MEETING: REG El COW tr ilC nCOUNCIL MEETING DATE: December 13,2021

REPORT DATE: December 3,2021FILE: 3340-20 (OCP00085 & 2ON00363)

AND ZONlttlG AMENDMENT APPLICATIONS FOR

PURPOSE:

To review the official Community plan and zoning amendment applications for the properties located at

6141 Highway si,-oioz pteasani Valley Road and-5975 Lefoy Road which propose changes.to the future

land use oesignaiioni ano zoning oistiicts of the site in ordir to permit future development, as well as

accommodate a future road network-

RECOMMENDATION:

THAT Council support presenting the official Community Plan and zoning amendment applications at a

public open house'in order to seek puOti" input prior to.th-e puutic Hearing in accordance with Section 4 of

official commuiity plan Amendment Applications Policy and Section 475 of the Local Government Act

(Consuttation during development of otiiciat communiiy ptan), which proposes the following land use

Ln"ng", as outtinei in the report tifled officrat Commuiity Plan and zoning Amendment Applications for

6141 Highway 97, 6162 pleasant valtey Road and 5975 Lefoy Road, dated December 3, 2021 and

respectfully submitted by the Current Planner:

. Amend the Official Community Plan Land Use designations from 'Community Comm_ercial', 'RES

(NORD);, ;Residential Medium Density'and'P_arks ind Open Space'to'Community Commercial',,llesidential Medium Density'and 'Parks and open space'; and

r Rezone from A3 (Rural Small Hotdings), R4 (Small Lot Residential) and R1 (NORD -single Family

Resioentiatj to cg (Mixed Use corimerciail, C11 (Service Comme_rcial), P1 {P1rks a.nd Open

Space), CS (Forrpfex Residential Housing), RMz (Multiple l?ut,,ng. Residential), RH1 (Low Rise

Apartment Residential) and RH2 (Stacked Row Housing Residential).

ALTERNATIVE RECOMMENDATIQN :

THAT Council not support presenting the proposed Official Community Plan and zoning amendment

applications .t r puolid-bpen'house inirder io seek public input prior to the Public Hearing in accordance

with Section + oi orficiai community plan Amandment Appiications Poticy and Section 475 of the Local

Government Act (Co,ns;ultation during development of officki community ptan),which proposes the following

land use changes as outlined in the report titled Offrbial Community Plan and Zoning Amendment

ipptication" ri atu Highway gr, 6162 Pieasant valtey Road and 5975 Lefoy Road, dated December 3,

Zbb.l ana respectfully submitted by the Current Planner:

r Amend the official Community plan Land Use designations from 'Community Commercial', 'RES

(NORD);, lResidential Medium Density'and 'P_arks and Open Space'to'Community Commercial',

Resldenilal Medium Density' and'Parks and Open Space'; and

116

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. Rezone from A3 (Rural Small Holdings), R4 (Small Lot Residential) and R1 (NOR? -Single Family

Resioentijtj to Cg (Mixed Use Coilmerciai;, C11 (Service Commercial), P1 (Pryk! and open

Space), CS tiourpf,ix Residential Housing), RMz (Multiple l?ut'.ng. Residential)' RHI (Low Rise

Abartment Residential) and RH2 (Stacked Row Housing Residential).

Nota: Denial of the ocp and rezoning apptication would have the properties retain their cunent

ocp desrgiiainns ana zoning drsfricfs. rii devetopment could not move farward as proposed.

ANALYSIS:

A. Committee Recommendations:

At its meeting of November g, 2Q21, theAdvisory Planning committee passed the following resolution:

"THAT Council support presenting the proposed Official Community Plan and zoning amendment

applications "t "

pr[i" opbn nouse-ln order to seek public input prior to the Public Hearing in accordance

with Section 4 of Officiai Community Plan Amendment Appiications Policy and Section 475 of the local

Governmenf Acf (Cons ultation during development of official community plan), as follows:

r Amend the Official Community Plan Land Use designations from 'Community Commercial', 'RES

(NORD)', ,Residential Medium Density'and 'P_arks and Open Space'to'Community Commercial',;Resideniial Medium Density' and 'Parks and Open Space'; and

. Rezone from A3 (Rural Small Holdings), R4 (Small Lot Residential) and R1 (NOR? -Single Family

nesioentiall to ig (Mixed use corimerciail, c11 (service commercial), Pl (Parks and open

Space), ns (Fourpfex Residential Housing), RMz (Multiple fgut'.nq Residential), RH1 (Low Rise

Apartment Residential) and RH2 (Stacked Row Housing Residential);

for the properties located at 6141 Highway 97,6162 Pleasant Valley Road and 5975 Lefoy Roed"'

B. Rationale:

1 The subject properties, located at 6141 Highway 97,

6162 Plbasant Valley Road and 5975 Lefoy Road

(Figure 1 and 2), are approximately 6,2 ha (15.4 ac),

O.Sg na (1.3 ac) and 3.4 ha (8.4 ae) respectively, with

a combined total area of approximately 10,12 ha (25

ac). 6162 Pleasant Valley Road was brought into the

Ciiy through a boundary extension in 2a14 andretiins its Regional District of North Okanagan(RDNO) OfficiaL Community Plan (OCP) and zoning

designations. The subject properties are located inthe North Vernon Neighbourhood Plan Area and are

commonly know as the former Anderson Ranch site'

Fisure 1 - Subiect Properties Location

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2. The subject properties contain the following designations on the OCP Land Use map

i. 6141 HighwaY 97:i. CCOM - CommunitY Commercialii. RMD - Residential Medium Densityiii. PARK - Parks and OPen SPace

ii. 6162 Pleasant ValleY Road:i. NORD-RES - Single Family Residential

iii. 5975 Lefoy Road:i. RMD - Residential Medium Densityii. PARK - Parks and OPen SPace

3. 6141 Highway 97 and 5975 Lefoy Road have frontageand access along 20tr Street, as well as along StickleFrontage noad with 6162 Pleasant Valley Road havingfrontagi and access from Pleasant Valley Road' Both

Ot+1 Highway 97 and 5975 Lefoy Road have completedDemolition Permits (8P007160 and 8P007161

respectively). 6162 Pleasant Valley Road contains a

single familY dwelling.

4. The subiect ProPerties are located at the northemboundary of the CitY with HighwaY 97 and StickleFrontage Road, as well as BX Creek to the west, RDNO

commercial ProPerties to the north, RDNO rural

residential properties and Pleasant Valley Road to the

east, wiih a mix of residential, park and commercialFigure 2 - $ubject Properties Aerial

properties within City boundaries to the south,

5. The Ministry of Transportation and lnfrastructure (MoTl) has undertaken an environmental assessment

as a part of tne 20s Street Connector (Stickle intersection project). Additionally, MoTl requires the

following to support the application:

. Registration of a restrictive covenant prohibiting the development of any fast food restaurants or

gas service stations on Lots N and R;

o That the new intersection and 20th Street extension to Pleasant Valley Road be designed and

constructed; and. That 20s Street be upgraded to a two lane paved roadway'

6. The subject properties are encumbered by a number.of rights-of-way and covenants that would need to

be reviewed "nO

poienfilty amenoeO or discharged through the subdivision process. This would include

alignment of dedicateo lanos to the existing anl proposed roadways, as well as to accommodate the

*rilti-use pathway and trails to the park located on top of the knoll.

Prooosed Ofltcial Gommunitv Plan Amendments

T. The applicant is proposing to amend the OCP and zoning dislricts which w.ould create split future land

use and zoning'disiricts -on

the subject properties. Should the proposed changes be approve! by

Council, the owner intends to make a'pptic'ation to subdivide the properties along the boundaries of the

proposed zoning districts. For the purpose of this reqgrt, and for ease of discussion, the split zone areas

will be refened to ai nelr propoieo lot identifier. The existing and proposed oCP designations are

illustrated in nttactrmlnt t. in"'r*isting and proposed zoning districts are illustrated in Attachment 2.

118

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I lnformation on the existing land use designations and the proposed zoning amendments are illustrated

in iigui"r 3 and 4, as weii as summarized in Table 1 using the following abbreviations:

OCP Designaflons (al phabetically) :. CCOM - CommunitY Commercialr REs (NORD) - Residential(Regional Dishict of North okanagan)

o RMD - Residential Medium DensitYr PARK * Parks and OPen SPace

zoning Designations (/owesf to highest density / intensity of use):

r P1 - Parks and OPen SPacer A3 * Rural Small Holdingso R1 (NORD) - Residentiat Singte Family (Regional District of North Okanagan)

r R4 - Small Lot Residentialr RS - Fourplex Housing Residentialr RM2 - Multiple Housing Residentialo RHl - Low Rise Apartment Residentialr RH2 - Stacked Row Housing Residentiale C3 - Mixed Use Commercialr G11 - Service Commercial

Figure 3 - Proposed offlCialcommunity Plan Land use Derignations

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Figure 4 - Proposed Zoning Dbtricts

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Proposed Lot lD Gurrent OCP PropoeeC !9L- Gurrent Zoning Proposed Zoning-

Lot A RMDPARK

PARK to RMD (58 Ave)RMD to PARK BX Creek

A3 RH2P1 (SPEA")

A3 RH1P1 (SPEA.)Lot C RMD

PARKccoM

PARK tO D (Pathway)RMD to PARK (BX Creek)

CCOM to RMD (Adjustmentto align with Proposed lot

boundary)

Lot Dl RMDPARK

PARK tO RMD (Pathway) A3R4

RM2

Lot D2 RMD No Change A3 RM2

Lot E RMDPARK

PARK to RMD (Adjustmentto alisn with Pa rcel boundary)

R4 R5

Lot F RMDPARK

PARK to RMD (Adjustmentto align with ESA*" and knoll

slope)

A3 RM2

Lot G RMDPARKccoM

PARK to RMDRMD to PARK

(Adjustment to align withESA** and knoll sloPe)

CCOM to RMD (Adiustmentto aliqn with parcel boundary)

A3 RH1

A3 c3Lot H ccoMPARK

CCOM to PARK Creek)

Lot J ccoMPARK

CCOM to PARK (BX Creek) A3 c3

Lot K ccoM CCOM to RMD A3 RM2

Lot L ccoM ccoM RMD A3 RM2

Lot M REs {NORD) RES {NORD} to RMD R1 (NORD) RM2

Lot N ccoM No Change A3 c11

Lot P PARK No Change A3 P1

Lot Q PARK No Change A3 P1

LOt R ccoM No Change A3 c11

Knoll RMDPARK

RMD tO PARK A3 P1

-6-

* SfreamslUe Protection and

Table 1: summary of Proposed ocP and Zoning Designations

Enhancement Area (SPEA)r* Environmentalty Sensitive Area (ESAJ

L Attachment 3 provides a copy of each zone proposed as part of the amendment application'

10. ocp Amendment Application #000g5 proposes a mix of densities on the subject properties, as well as

identifies areas to bd besignated as p"ifr io protect environmentally_sensitive areas and create amenity

space for the public and fiture resid'ents. The Residential Medium -Density

land use designation allows

for up to 110 units/ha (44.5 units/ac) with a mix of forms including townhouse, low-rise apartment (up to

16.5m in height) ano mixeo use buitdings, while the ocP land use designations broadly govern the

maximum densities in each area, the pio[oseo zoning districts reflne the form and densities of permitted

development on the site.

121

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11. The applicant has completed an environmental assessment of the site to identify environmentally

sensitive areas surrounding the knoll, as well as along BX Creek and an unnamed tributary running

tfnorgn tn" site from pleasint Valley Road into BX Creek. The proposed OCP amendment realigns the

park fesignation surrounding the knoll to incorporate the identified environrnentally sensitive areas, as

well as sl6pes greater tfran 50%. Additionally, the Park designation along BX Creek is proposed jo be

realigned in acciordance with the results of the anvironmental assessment to protect the area from future

development pressures and preserve natural ecosystem values.

12. The application proposes to change the existing NORD OCP designation of 'Residential' to the City's

ogp besignation of Residential Medium Deniity on 6121 Pleasant Valley Road. Additionally, the

applicatioriproposes to changa a part of the Core Commercial OCP designation on proposed lots K and

L to Residential Medium DensitY.

13. Zoning Amendment Application #00363 proposes a mlx, of densities and built forms on the subject

propeli"r in alignmeniwith the existing and proposed OCP future land use designations' The highest

densities propoied in the application aie RHi - Low'Rise Apartment Residential (maximum density of

1.b FSR blui possible density bonusing) and RHZ - Stacked Row Housing Residential (maximum

density of ttO'units/ha plus iossible dehsity bonusing) which are situated to the south side of the

piop}"O ZOif Street extension (Lot G - RHi) and between proposed 'Road A'lo the east, the Park

Oesignation along BX Creek to ttie west and 58th Avonue to the south (Lots A - RH2 and C - RHI ).

14. To the east of 'Road A', Lots D1 and D2 are proposed as RM2 - Multiple Housing Residential (maximum

density of 72 units per ha plus possible density bonusing) with an adjustment on the eastern portion of

Lot Di to align the existing R4 zone with the proposed property line of Lot E.

15. The application proposes to change the zoning district of Lot E from R4 - Small Lot Residential to R5 -Fourpiex Housing Residential with a maximum density of 30 unitslha, a maximum of 0.6 FAR and a

maximum of four (4)dwelling units per building.

16. The north eastern portion of the subject properties {Lots F, K, L and M} are proposed as RM2 - Multiple

Housing Residentiilwith a maximum density of 72 units/ha plus possible density bonusing'

lT.To the north of the 201h Street extension, Lot J is proposed as C3 - Mixed Use Commercial which is in

accordance with the existing OGP designation of Community Commercial. The Pl - Parks and Open

Space zoning district is prJposed along the western property line of Lot J abutting B,X Greek. The

aiplication alio proposesthe construction of 'Road B'providing an additionalseparation from BX Creek

and creating street irontage for mixed use structures along the west side of the lot.

1g. Along 20e Street, Lots p and Q are proposed to be zoned Pl - Parks and Open Space, as well as the

wesGrn portions of Lots A and C abutting BX Creek. The application proposes the C11 - Service

Commercialzoning district on Lots N and R. The applicant has agreed to register a restrictive ccvenant

on Lots N and R irohibiting drive-through services, drive-through vehicle services and gas bars from

being established on the site.

1g. Should the OCp and zoning amendment bylaws be approved by Council, the applicant plans to

subdivide the properties andiommence construction of a phased development. At full buildout, which

is anticipateO lo nb completed over the next decade, the applicant proposes lo construct approximately

41g residential dwellings and 2,140 mz of commercial space as staied in the Anderson Ranch Master

Development Plan, dated May 11,2021 and prepared by WSP'

122

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20. The applicant proposes to adjust the existing trail network on the subject properties to support the

development as well as public access to the knollarea parkland. Details on the proposed plan for ac.cess

and trails would be confirmed as part of the subdivision proce$s_. Additionally, in 2015 the applicant

provided RDNo *iin "

right-of-way'through the subject proberties for the development and use ol a.trail

atong the eastern sioe oigX Creek to tnJnignwa-yfrgntpe Road._As part of.that agreement, RDNo is

responsible to oeueiop tn" tr"ir and assume Jit Iiauitity for the right-of-way and trail- RDNO has requested

to extend the trail JcrStitn" iotn itreet extension anl along the east side of proposed 'Road B" As.part

of the "gr""rrni

lnit".nr"nt 4), the city has agre.ed to inilude the land contained in the existing right'

of-way along gx Creef as part ijt tne s* parrr d'edication- calculation as required under Section 510 of

the Loca/ Governmenf Acf {park dedication requirement of subdivision). lt is noted in the agreement that

the Row granted to RDNOon lot 4 exceeds the maximum amount ol5olo required to be dedicaied under

Section s10(5) of the Local Government Actwhereas the area provided on Lot 5 does not meet the 5%

threshold. The additional land requesied by RDNo would be secured as part of the dedication for 'Road

B, allowing for the continuation or tne muiti-use trail to the boundary of the city. lt is Administration's

position tnat any aooiiionaLparrrand acquisilion, including the area surrounding and on top of the knoll

would be dedicated to the city at no cost as a condition-of adoption of the zoning amendment bylaw'

However, the applicant has indicated that they wish to be compensated at fair market value for any lands

that exceed tne "sv. Jeo[ation requirernent at subdivision, ln order io quantify the amount.of land in

question that would exceed the syo requirement, surveys of the land would need to be completed. This

would take place and a resolution reached prior to consideration of adoption of the ocP and zoning

amendment bYlaws.

21. The application proposes to add two additional roads on the subject properties (Roads 'A'.?ll 'B], as

welt as upgrade btiiro* Frontage Road and oomplete the 20th Striet extension to Pleasant Valley Road

including intersection upgraueJ (identified as a Dcc project). To provide access to Lot E, the applicant

propo"ei to exteno Leto| noao bnd create a cul-de-sac with the required turning radius for eme.rgency

service vehicles. Emergency access would also be provided from the end of Road 'A' to 58th Avenue

through Lot A and 5g0i pteasant Valtey Road. The.property owner..of 5902 Pleasant Valley Road has

indicjted they agree with the proposal and are working out the details with the applicant,

22. AnArchaeological Overview Assessment {AoA} and,Preliminary Field Review (PFR) was conductl.d uv

Ursus Heritage consulting in conjunction with Ztich Wilson (okah,agan lndian Band) on August2.d 2020'

The report aateA s"piem"n er 25', zazo, identifies one coniirmed archaeological site located within the

development area arro five areas within the development area are assessed as having high potentialfor

G p*r"nce of archaeological sites. The remainder of the subject properties are considered to have

low archaeological Potential'

23. To support the applications lor the ocp and Zoning Amendments, the applicants prepared the following

reports and studies:

i. Anderson Ranch Master Development Plan - May 11,2A21, prepared by WSP

ii. Archaeological overview Assessment and Preliminary Field Reconnaissance - September 25,

2A2!, prepared by Ursus Heritage Consulting-

iii. Anderson Ranch Environmentaiiy Sensitive Area Assessment - November 2020, prepared by

Triton Environmental Consultantsiv. Anderson Ranch Traffic Engineering Review - April 16,2021, prepared by CTQ Consultants

123

-9-

24. While generally supportive of the application, both Administration and RDNO have noted potential

concerns witn tlhe piiposeo Resioeniiit Medium Density designation and proposed RM2 zoring district

on Lots K, L and M abutting existing commercial and low density residential uses within the RDNo' This

would be explored further ifter nearing from the public through the public consultation process'

C. Aftachments:

Attachment 1 - Existing and Proposed OCP Designations

Attachment 2 - Existing and Proposed Zoning Districts

Attachment 3 - ProPosed ZonesAttachment 4 - ROW Agreement for RDNO Multi-Use Pathway

D. Council'3 strateoic Plan 2019 - 2022 Goals/Action ltem$:

The subject application involves the following goals/action items in Council's Strategic Plan 2019 - 2022:

E. Relevant Policv/Bvlaws/Resolutione:

1. The subject property is in the North Vernon Neighbourhood Plan area'

2. The OCp has the following applicable policies related to the subject application:

L3 Support the development of the City Gentre District, neighbourhood centres and

desiinated multiple iamily areas to the densities outlined in the OCP to build compact,

comil"t" neighbourhood areas within the community and to achieve the maximum

use of municiPal infrastructure.

10.S Require developmont to design and construct all offsite infrastructure including roads,

water, wastewater and stoim systems with consideration for life cycle costs,

sustainability and maintenance.

The OCp also identifies the following maximum densities and associated housing forms for the

Low and Medium Density Residential land use designations:

Low Density Residential: 30 units per hectare (12 units per acre)- includes

single family, semi-detached and rowhouses

Meiium Density Residential: 110 units per hectare (44.5 units per acre) -includes townhouses, low-rise apartments and mixed-use developments

3. Zoning Bylaw #5000:. 8,03 - A3 - Rural Small Holdingsr 9.06 - R5 - Fourplex Housing Residentialr 9.11 - RM2 - Multiple Housing Residentialt 9.12- RH1 - Low Rise Apartment Residentialr 9,13 - RH2 - Stacked Row Housing Residentialr 10,03 - C3 - Mixed Use Commercialr 10.11 - C11 - Service Gommercialt 12.O1- P1 - Parks and OPen SPace

a

t

124

-10-

x

BUDGET/RESOURCE IMPLICATIONS:

Additional costs for land acquisition and the implementation of legal instruments may be required as

determined during the rezoning and subdivision approval process.

Prepared by: Approved for su ion to

x Pearce, CAO

Slgncr 1

Dan.. 08,w(Er$&.2i,2)Matt FaucherPlanner

Kim FlickDi rector, Com mun ity lnfrastructu re and Development

PLAN

PROC\RpM1 1 203-ml-OCP00085-Council-Publh Consult'docx

D Corporate Servicesil Bylaw Compliancetr Real Estate

N RCMPtr Fire & Rescue Servicesf] Human Resources! FinancialServicesE COMMITTEE: APC (Nov9/21)tr OTHER:

D Operationstr Public Works/Airport[] FacilitiesU Utilities

n Recreation Services[] Parks

I Cunent Planning

I Long Range Planning & Sustainabilitytr Building & Licensing

I Engineering Development Servicesil lnfrastructure ManagementE TransportationE Economic Development & Tourism

REVIEWED WTH

125

CUFREHT OCF DISIGMTIONS WIIHPROPOSF-O Artrl{0ilanTs sF.tts-2

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Attachment 3

The purpose is to provide a zone for rural areas and agricultural uaes, a6 well as other

complementary u3o$ ruitiU[ in a rural setting. The A3c sub-zoning district allows for caru

cenire, mafor as an additional use' @vlaw 5467)

Primary Ucee

' agrlculture. anlmal clinlce, major

' animal cllnlcs, minor. aquaculturc. campslteg, tourlst. cire'Centro, malor (use is only permitted with the ASc sub-zoning distict)

r amergency Protectlve servlces. farmgrs'marketr golf courseg. [reenhousge and Plant nurserleer guide and tour servlces. iingle detached houling. stables and rldlng academlel. utlllty selices, minor lmPact. zoo or botanlcal gardens

8,3.3 Secondary Uces

8.3 A3 : Rural - Small Holdings

8.3.1 PurPose

8.3.2

8.3.4

8.3.5

$ecrtot 8,3 : Runlu - Snnlu HolotxcszoNlNG BYTAW No 5ooo (2003)

. agricultural or garden stands

. airicultural dwelllnga, addltlonal

. bed and breakfast hOmes (in single detached housing only) or agrl'tourist

accommodatlon. boardlng rooms @ynwsl491

' brewlng or dlstilling, Class AI care centreg, minor. homg based businesses, rural

' home based busineSsos, minor

' home based buslneeaea, maJor. kenn6lg. second kltcheng. secondary sultes @Ytaw 5715)

. winsrlcs and clderlss

Subdlvlelon Regulatlons

' Minimum lot wldth is 24.0m. Minimum lot area is 2.0ha (5 acres)

Development Regulations

. The maximum aite coveraga is 10olo for residential development' and it is 3570 for

agricuttural structurei eiffi it-t"y be. increased lo 7 5o/o foi greenhouses with closed

wistewater and storm water management systems' - -. The maximum h"is;t;-ih"-i"rEli ot g.sr or 2.5 storeys, except it is 13.0m for

alconoary bultdings and 16.0m for agricultural atructuree.

A3-1or2CITY OF VERNON

128

8.3.6

r The minimum front Yard is 6.0m.. il; rinirum slde yard is 3.0m, except it is 6.0m from a flanklng atreet', Thg minimum rear yard is 10.0m, except it is 3.0m for secondary buildings'. No more ihan one residential unit per lot.

' duliOingi housing mote tn"n 4 animals, used for processing anlmal products or. for

.grl"uifirt" anA girdon stands shall be located no closer than 15'0m to any lot line'

eicept no closer than 30'0m to a lot in residentlal zones'

Other Regulations

. Farm and anlmal products procgssing is allowed provided that a minimum of 50% of the

products are Produced on-site.

' When a home Ua".O freiness of any type involves the cutting and wrapping of wild

ga;e anOot tne Ouiinering of domeslic meat, the lot must have a minimum lot area

grealer than 0.33h4 (0.6 acre)., il;i; *id" moUltl hores snalt not be located on lots smaller than 2.0h4 {5 acres) and

Jouil" wide mobile homes shall not be located on lots smaller than 0.8ha (2 acres)'

. M"l;;ital cllnlci or kennels as well as stables and rldlng academles shall not be

lociteO on parcels less than 2.0ha (5 acres)'. Iiircuf"rii ano gi;d;n sianos selting produce grown on_the site or another slte

oi"r"GO Oy tne saile pto{uo1 do.not haie a maximum area. The maximum gross floor

area of stands sef fing brod;t" tf,.t is produced off-site shall be 50.0m2' For sltes within

tn" Agri";ltur"f Uid Reserye, the maximum gross floor srsa of agricultural -a.nd

gard"-; sales ror proOucJ off-siie shall be lessei of 330/o of the total floor area of the

igrlcultural or garden stand or 50.0m2'. Retail sales and otnjr uses are subject to the BC Agriculturat Land Commisslon Acl and

regulations where in the ALR.. Agrl-tourist accommodation shall not be located on lots smaller than 2.0ha (5 acres)

and shall not exceed 10 bedrooms, campsites or recreationalvehlcle pads.

. ln addition to the regulafions tisteo'above, other regulations may apply. These include the

g"n"iii Aevelopmini-ieiulations oJ Section o lsecondary development, yards'

projecrions into yarii tighiint igti"utturat setbacks, itc.); the ipecific use regulations of

b"ltion s; pre lincs-c"iing ind-tencing provisions of Section 6; and, the parking and

toading regutations oi-s6ctiin 7. Lands dithin ttre ALR may also be affected by additional

regulationi of the Agricuttunt t11! Commission'. nr" p"i s"crion +.li,c - At buitdtngs and structurer, excludlng

_q"1,Ht^T^l:,T^"1$tgaiden walls and fenceal on lots abutting City Ro.ads.as identifled on Schedup -u-

i-natt not be sited closer lo the city Road thin the setback as per the appropriate zone

measureO from the offset Rights of Way as illustrated on Schedule "B".

(gylaw 5444)

A3-2or2Secilor 8.3 : Runeu - Sull-t- HoLDlilGszoNlNG BYLAW NO 5000 {2003} CITY OF VERNON

129

9.6

9.6.1

9.6.2

H5 : Four-Plex Housing Residential

SECTION 9.6: FOUN.PLEX HOUSING RESIDEHTIAL

Purpoe

The purpose is to provide a zone lor the developmenl ol a maximum of lour ground

oii"ni"a-i*"lllng riniis in tne torm ol slngle detaitred, seml'detached, duplex, three'

;i;;r d;+t"f touslng on urban ggrviigf The Flsc sub'zoning district allows {or care

cenpe, maJor as "n

aiOliion.iuse. The RSh sub-zoning district allows lor home based

business, maior as an additional use. @ylaw 5467)

Primary Uses4

' care cenlre, major fuse is onty permifted with the H'c sub-zoning district)

. duplex housing

. four-plex housingr lroup home' malor. seml-detachedhouslng. slngle detachsd housing

' three-plax housing. senlors housing

9.6.3 SecondarY Uses

9.6.4

9.6.5

. boarding roomsr care centres, mlnor

' home baeed buslnesses, mlnor. t ote based businesteg, major 1in single detachod housing only) {use is only permilted wilh

lhe BSh sub'zoning dlslricl), seconOary sultes {ln single detached houslng only). seniors asslsted houslng. senior,ssupportive.hourlng

Subdlvision Regulations

.Minimumlotwidthis20.0m,oxceptitis22.0mloracornerlot.

. Minimum lot depth is 30'0m'

. Minimrm lot width lor single detached housing is 14.0m, except it is 16'0m for a

corner lot.. Minimum lot area for single-detached housing is 450m2', Minimum tor area t ftl;-', ;;;;pijt i;80#'i ni

^cornel lot, or 10,000m2 il not

serviced by a community sewer system' (Bylaw 5339)

party Wall Subdlvision Regulalions

Lol Type lmum area Lotinterlor c{rnet inlerlor corner

Selr*-Detached Houelllg 350m2 400m2 10.0m 12.0m

235m2 285m? 7.0m 9.0m7.0m 9.0mfour+lex Houslng 175m2

9.6.6 DeveloPmentRegulatlons

. Maximum slte coverage is 40% and together with driveways, parking areas and

lmpermaable surlaces shall nol exceed 50%'

zoNrNG BYLAW NO 5000 (200s)R5-10F2

CITY OF VERNON

130

9.6.7

. Maximum floor sPace ratio is 0.6.

. trtaximum helghi it -tn"

mts"r o{ 10.0m or 2.5 sloroys, excepl it is 4'5m lor

secondary buildlngs and secondary struclures'

' Minimum tronf yariis?.0t, eicept it is O.Om for a garage or carport to the back of

curb or sidewalli for a front entry garage, or it is 0.6m to lhe side ol the garage and

isr to ine 1ront buitding lagade lor side'enlry garage and driveway layouls-

' Minimut side yard is-2.dm lor a 1 or 1'5 slorey portion ol a bulldlng or a*ii"onO"ti buil'dln; or siructure and 2.5m lor a 2 or 2'5 slorey portion of a

nuifOfn* 6*.ept it d+.0m lrom a llanking gtreet unless there is a garage accessed

t;* ih;'ianking street, it is 4.0m or it is 2.6m lo the building lor a side'entry

g"rag" and driveilay trom a llanking street and at least 6.0m lrom lhe back of curb

6i siiewatf. Wnei6 there is no direct vehicular access lo ihe rear yard or to an

iticneO garage or carfort, one slde yard shall be at least 3.0m. The minimum

siil" V"iC",etdack lor inareit interior Pahy walls shall be 0.0m' The minimum slde

y"rO'*"tnu.k for slngle detached housing is 1,5m, excepl it is 4.0m lrom a

ilanking street unlesi there is a garage aciessed lrom the llanklng slreel' it is

+Or oI il is 2.6m to lhe building for a side'enlry garag€ and drlveway lrom a

llanking street and at least 6.0m fiom the back of curb or sidewalk'. Minimum te", y"td i. e.Om for a 1 or 1.5 storey portion,ol a bulldlng and 7'5m lor

a2 sr 2.5 slorey portion ol a bulldlng, excepl it is,1.0m for secondary buildlngs', in. r"*imum height ol any vertical wall element lacing a front, llanklng or rear

VaiO tiniruOing wa-lkour ualements) is the lesser ol 6'5m or 2.5 sloreys, above

wnicfLtne buildlng must be set back at least 1'2m'. f,ljiimrr dendtf is 30 units per gross hectare (12 units/gross acre)'. Miximum lour dwelling units'located in a bulldlng, with each unil having a

minimum width ol 6'5m. (BYlaw 5339)

Other Regulations

. ln order for bareland strata developm€nts to be consistent with the character of the

"uriornOing neignUoihooO, the sirata plan shall be considersd as one slte for

delining the overall use, denslty and slte coverags'. ih; aSove noted sublMision and development regulations shall be applied to

each strata lol within the- strata plan'. A minimum arsa ol25mz ol private open space shall be provided per dwelllng'. Wner" development has access to a rear lane, vehicular accass to the

development is only permitled lrom ths rear lane'. For senlors assidriO housing, senlors housing and seniors supportive

iriu"r"g, iiale drop-ofi area for patrons shail be provided on the slte.

. F;; straii developments, common recrealion buildings, facilities and amenities may

Oe included in tfre itiati'plan. Recreational buildings shall be lr€ated as secondary

bulldlngs lor the putpOs'e ol determinirrg lhe heighl and setbacka ol the building

as specilied in each zone., Foinrufti-unit residential housing, one otlice may be operated lor the soul purpose

ol th€ management and operation of the multi-unit residentialdevelopment', ln addition lo the regulations listed above, olher regulations. may apply' These

include the generJ development regulalions of Ssction 4 (secondary

development, y"rd", ptojections into_yards, lighting, agricultural selbacks, etc.);

the spe;i{ic ,se-r"guliri;nl o{ Section Si tfre IanOscaping and lencing provisions ol

S*ti'ot6;and,the-parkingandloadingregulationsolSection.T'. ni p", section 4.j{i - Rtiuuitolngs dno itructures, excludlng perimeter lencing

idrfiil walis anJ iences) on toG a{.rtting eiry Roads as identified on Schedule;6; stra[ not be sited ttoser'to the City Road than the setback as per the appropriate

,on" rr""ured lrom the olfset Rights of way as illustrated on schedule'8",(Bylaw 5M0)

SeciloH 9.6; Foun-PLEx HouslNG RESIDENTIAL F5-20F2CITY OF VERNON

13'tzoNtNG BYLAW NO- 5000 (2oo3I

RM29.11 HM2 ; Multiple Housing Residential

9.11.1 Purpose

The purpose is to provide a zon€ lor ground orienled medium denslty muttiple housing

on urban services.

9.11.2 PrlmarY Uses

' apartment housingI carg centre, major. duplex {Bytaw 5440). four.plex houslngr group home, maforI row housing. seml-detachedhouslng. seniors asslsled houslng

' sgnlors housing

' senlors suPportlve housing

' slngle detached houslng

' three-plex houslng

9.11.3 SecondarY Uses

. boardlng rooms (gYlaw 5440)

r care clentres' mlnor. home based buslnesses, minor. secondary sulles (ln single detached houslng on y, (Bytaw 5440)

9.11.4 Subdlvlslon Regulations

, Minimum lot widlh is 18.0m, except it is 20.0m for a corner lot. For fee simple

three-plei, iour-pl"t, row housin! and_semi'detached dwellings, the minimum

tot wiittr is 7,5m ior lnteriol lots and 12.Qm lor corner lots.. Minimum tot rr"r is g00m2, or 10,000m2 il not serviced by a communily sewer

system'

9.11,5 Parly Wall Subdivlslon Fegulallons

Lol Type um Lotcorner

-- Mfilmtm Lot Wldthlnterior eotnel

9.0m225m2 275m2 7.8m

Three-Plex Housl 150m2 200m4 6.5m 7.8m

150m4 200me 6.5m 7,8m

How Housing 150m2 200m4 6.5m 7.8m

9.11.6 DeveloPment Regulstions

. With a housing agreemenl pursuant to Section 4.9, the maximum denslty shall be

72.0 unils per gro-s hectar€ (29'0 unitslgross acre)' .. Where pa'rfin! spaces are provided completely bensath habitable space.of a

primary'uuitolfrg-;tbsnr"lh useable common arienity areas, providing that in all

cases the parklig spaces are screened from view, ths maximum densily shall be

75.0 units F"r gro-.r i1ectate (30.5 units/gross acre). Where all the required parking

HM2'1or2CITY OF VEBNONSecrtou 9.11 : ltiuLTlPLE Housltlc Festoexrtlt

iourruG BYLAw No. sooo {2003}

132

is not accommodaled completely beneath the habilable space ol a primary buildlng

or useable common amenity areas, the additional density permitted shall be

determined through multiplying lhe additional 15.0 units per gross. hectare (6

units/gross acrel -by tne peice-ntage ot parking proposed to be provided beneath

trabitatle spaca of i primary building or useable qo.mr19n amenity areas., Maximum lite coveiage ii nOy" and togetner with driveways, parking areas and

lmpermeable eurfaces shall not exceed 55o/o'

. Maximum lrelght is the lesser ol 10.0m or 2.5 sloreys, except il is 4.5m lor

secondary bulldings and secondary structures', Minimum troni yarj is 4.5m, excspt it ls O,0m lrom a garage or carport to the back

of curb or sidewalk lor vehicular entry', Minimum side yard is 1.2m, except ft is e.Sm lrom a llanklng streel. Where there is

no direct vehicular access to the rear yard or to an attached garage or carporl,' one

slde yard shall be at least 3.0m. The minimum side yard is 0.0m lor lea simple

three-plex, four.plex, row housing and semjdetached dwelllngs'. Minimum rear yaid is 7.5m, except it is 1.0m lor secondary buildings.. Maximum six drelling unils locaied in a bullding, with each unit having a minimum

width of 6.5m', Maximum density is 60.0 units per gross hectare (24.5 units/gross acre).

9.11.7 Olher Regulations

. For multi-unit residenlial housing, one office may be operated lor the sole purpose

ol the management and opeiation ol the multi-unit residential development'(BYlaw 5440). in order 16r bareland strata development to be consistent with the characier of lhe

surrounding neighborhood, the stiata plan shall be considered as one site lor

delining the overall use, denslty and sits coverage', The aUove noieO subdlvlsion and development regulations shall be applied to

each strata lot within the strata plan.. For strata developments, common recrgation buildings, lacililies and amenities may

be inctuded ln the strata'plan. Flecreational buibings shall be treated as secondary

buitdlngs for the purpos| ol determining the height and setbacks of the buildlng'. A minimum arei'ot'5.0r'ot private open space shall be provided per bachelor

dwelling, congiegate houslng bedrdom or group home bedroom, 10'0m' of

private open s[""] shall be piouiO"O p"t 1 b;drdom dwelllng,-and 15.0m? of

irrivate ofen sphce shall be provided per dwelllng with more than 1 bedroom'. Vehicular lc"6ss to the development is only permilted through eilher a driveway

shared by at least 3 units or a rear lane'

' For ""niois

aseisted housing, eeniors housing and senlors supportive

housing, a safe drop-ofl area for patrons shall be provlded on the sile.. ln addition to the iegulations listed above, olher regulations may apply. These

include fhe generai development regulations of Seclion 4 (secondary

development, "yards, projections into yards, lighting, agricullural.setbacks, etc.);

tne ipe'cific use'regutationi ol Section 5; ttre tandscaplng and fencing provisions ol

Section6;and,theparkingandloadingregulationsofSectionT., As per Sect'ron'4.l g,a - RtinuitOtngs Jnd ilrucluree, excluding perlrneler lenclng

lgarOen wafiJ anO lences) on loG abulting City Roads as identified on Schedule;E,' sfrall not Ue sited closer to lhe City Hoad ihan the setback as per lhe appropriate

zone measurad from the olJs€t Rights ol Way as illustrated on Schedule "B",

(BYlaw 5440)

RM2-2o: 2NCITY OF VEFNOSrcrion 9.11 : MULTIPLE HouslNG Reslost'ttllt-

zoNrNG BYLAW NO 5000 {2003}

133

RH{g.12 RH 1 : Low-Rise Apartm ent Residential

5.12.1 Purpose

The purpose is to provide a zone primarily for medium density apartments on urban

services.

9.12.2 Primary Uses

. tpartment housingr care centres, maJorr group home, maJor

' seniots asSlsted housing. seniort houslng. senlors supPortive houslng. stacked row houslng

9.12.3 Secondary Uses

. home based buglnssses, mlnor

' real estate sales centres {in apartment housing onty}

9.12.4 Subdlvlslon Regulations

. Minimum lotwldth is 30.0m'

' Minimum loi area is 1400m2, or 10,000m2 if not scrviced by a communlty $ewer

systsm.

9.12.5 Development Regulations

(a) DensltY:

The maximum Floor Space Ratio (FSR) is 1'50' except that:

wth a housing agreemenl pursuant to section 4.9, the maximum denslty shall be

increased by FSR 0.25; andwtere parlrtng spaces are provided completely benealh habitable spaee of apiir"iv[rlrcrig 6r beneath useable common amenity areas, providing that in all

i"J"s in" parkiig spaces are screened from view, the maximum denslty shall be

increased by FSR 0.25;orWd; att ine required parking is not accommodated completely beneath the

niOif"Uf" space oi a primary fiuildlng or useable common amenity aress, the

aOOitionat density permitted inatt Ue determinbd through multiplying the FSR 0'25

Uyifr" p"r."ntagb bt parking proposed to be provided beneath habitable space of a

piimari building or useable common amenity areas;

provided that the maximum Floor Area Ratio with all bonuses shall not exceed FSR

2,00.

(b) BulldlngRegulatlons:

. Maximum slte coverage is 650/o and together with driveways, parking areas and

impermeable lurfaces shall nol exceed 85%'. M"*,mum hetght is the lesser of 16.5m or 4.5 rtoreys, except it is 4.5m for

secondary buitoings and secondary structures'

SEcTION 9,,12 .. LOW'RISE APARTMEilT RESIOENTIALzoNrNG BYLAW No 5000 {2003) CITY OF VERNON

RHI - I or2

134

- Minimum front yard is 4'5m.. Minimum slde yard is 4.5m, except it is 4.5m from a flanklng 3!ry9t'. Minimum rcar yam is 9.0m, except it is 1.0m for secondary bulldlngc (Bvtaw 5661)

9,'12.6 Other Regulationg

, A minimum area of 5.0m2 of private op€n space shall be provided per ba,chelor

dwelllng, congregate houslrig bedroom or group home bedroom, 10.0m2 of

private open s|acl shall be prwiOeO per 1 bedroom dwelllng, and 15.0m2 of

irivate oien sp'ace shall be provided per dwelllng -with

more than 1 bedrcom.. i.to continuous builtllng frontage shallexceed 40.0m for a 3 to 4.5 storcy bulldlng,

or 6S.0m for a Z store! building. lf the frontage is interrupted by an open courtyard

equivatent in depth ani width to tne uultalng helght, the maximum continuous 4.5

stbrey buildlng frontage may be 80.0m provided that no bulldlng section sxceeds

40.0m.For multi-unit residential housing, one offlce may be operated for the sole purpose

of the management and opeiation of the multi-unit residential development'(Bylaw 5440)

F6i genfrs aEalated housing, senlora houaing and senlor aupportivehoutlng, a safe drop-of| areafor patrons shall be provided on the alte.

ln addiiion to the iegulations lisled above, other regulalions. may.apply. These

in.ilO" tne generai development regulations of Section 4 (secondary

development, -yards, projections into yards, lighling, agricultural.setbacks, etc');

f1r" rp"iitiC useiegulationi of Section 5i the tanOscaping and fencing provisions of

$ectibn 6; and, thjparking and loading regulations of Section 7. (Bylaw 5339)

At p"i SCction' A:d.2 - Al nutElnge and structures, excludlng porimetor fencing

lgarOen wallc and fence$) on lots abutting City Roads as identified on Schedulei6' shall not be sited closer lo the City Road than the setback as per the appropriate

run" rearured from the offset Rights of way as illustrated on schedule "8".(Bytaw 3440)

I

a

SEcrtoN 9-12 t Low'Rl$E ApanrmEHr RestoeurlnlzoNtNG BYLAW NO sooo (2o03) CITY OF VERNON

RH{ - 2 or2

135

RH29.13 RH2: Stacked Row Housing Residential

9.13.1 PurPose

Secrtol 9.13 : Sucxeo Row Houglt{G RESIDEilTIALzoNlNG BYLAw No 5000 {2003)

The purpose is to provide a zone primarily for medium dencity row housing on urban

servibes to front rnajor ttreets and civic spaces'

9.{3.2 Prlmary Uses

. apartment housing

' cane centres, maJorr gfoup horne, maJorr row housing. senlorg a3slsted housing. seniors houslng. seniott supportive housing. etacked row housing

9.13.3 Secondary Uses

, health servlces. home based buslnesseS, mlnorr penboDNl ceruices. real estate gales Centreg (in apartment and stacked row housing only)

. retall, COnvenienCe Fyraw6332)

9.13,4 Subdivlslon Regulatlons

. Minimum lot wldth is 30.0m. For fee simple row houslng, the rninimum lot wldth is

7.5m for interlor lots and 12'0m for corner lote', Minimum loi

"r"" is 1400m2, or 10,000m2 if not serviced by a community sewer

syEtem.

9.13.5 Party Wall Subdlvision Regulatione

Lot Type Mlnlmum Lot aroa Mln m Lotlnterior cornSr lnterior corner

Row Houslng

-

135m' 185m'? 6.5m 7.8m

9.13.6 DeveloPment Regulations

' with a housing agrecment pursuant to $ection 4'9, the maximum denslty shall be

1 10.0 units pei gross hectare (44'5 unitslgross ecre)'.. Where parklng spaces are provided iompletely beneath habitable space of a

primary'OuilOif,g ;r Oeneath useable common amenity areas, providing that in all

cases the parkiig spaceE are screened frorn view, the maximum deneity shall be

12b.0 unitJper gr6ss hectare (51 unitslgross acre). \A/here all the required parking is

not accomniodaieo comptetely beneathlhe habitable space of a primary building or

useabte cJ*ron amenily areas, the additional density permitted shall ,bedetermined-iniorgn ru[iptying the additional 25.0 units per gross. hectare (10

units/grosJ ""t"i"OV

tne deicentage of parking proposed to be provided beneath

habitailetp"cebf6primdrybulldlngoruseablecommgnamenityateas'. Maximum -5it"-"o*i"gJ

i3 esy. a,id together with driveways, parking areas and

impermeable surfaces shall not axceed 75o/o' (Bytaw 5s32)

CITY OF VERNONRH2-1or2

136

. Maximum helght is the lesser of 16.5m or 4'5 storeys, except it is 4'5m for

secondary Uuitaings and secondary etru-ctures. Minimum dtonliirdlt 6.0m, except ii is+'Sm forany portion 2 storeys or.le-s1'

. Minimumsil;'yil t-g-,or; tor a bulldlng not over 2'5 etoreys, and 6'0m for

portions of a lultOlng in exc_ess-of 2.5 atorbye, and 6'0m from a flanking strost'

The minimum side yird is 0.0m for shared lnterior party walls., Minimum ri.r y"ta',s i.sm for a bulldlng not over 2.0 storeys and it is 9.0m for

any part ot a UiitOing over 2 storeys. lt is 1.0m for.sec_ondary buildlngs'. Maximum dd;iry is-100.0 units per gross hectare (40.5 units/gross acre).

9,13.7 Other Regulations

convenlence retall services, health $ervlces and personal serviceg are limited lo

a maximum floor area of 30dm2 total or 507o of the gross floor area of the ground

itorey ot the primary builcling, whichever is the lesser, and only permittedrvhen

Oe-i"fbpeO ai'in tntlglit coir'ponent of and within the primary bullding. These

uses aie not permitted above the ground storey' Fvtlw 5334 ... ..

in oiaer for bareland strata Oevel-opment to bb consistent with the character of the

iuriounOing neignOorho;J, ine stiata plan shall be considered as one site for

defining the overall use, denslty and site covorags'The above noteO aubOlvision and development regulations shall be applied to

each strata lot within the strata plan'

For multi-unit residential housing, one office may be operated fql lhe sole purpose

of the management anC opeiition of the multi-unit residential developmen1(Bytaw 5440)

V6nicutar'access to the development is only permitted through either a driveway

shared by at least 3 units or a rear lane'n *iniru* area of s,or, or private open space shall be provided per bachelor

dwelltng, "ongreg"ie-trousing

bedroom 6r group home bedroom, 10.0m2 of

privata open space !n"rr u" piouioeo per 1 bedroom dwelllng, and 15.0m2 of

b1vate open space shall be provided per dwelllng with -more_than-1

bedroom.

ffi;;;iffi,,{6uirJing froirtage shi; exceed 45,0m for a 2 to 4 storey bulldlng'

The building must ni designld so as to be within one storay to neighbouring

develoPment.paiXingi ihatl not be consfrucied in the front yard of the property. Where the

aevelipmsnt has access to a rear lane, vehicuiar access to the development is

only Permitted from the rear lane'For seniorc asststJO'-ttouitng, seniorg housing and senlors supportlve

iror"in!, a safe drop-off area for patrons shall be provided on the slte.

tn aOOiiion to the regulations listed above, other regulations may apply. These

include the generai development regulations of Seclion. 4 (secondary

O"u"iop*rnt, -yardr, projectioris into-yards, lighting, agrioultural setbacks, etc');

the specific use reguiationi of Section 5l tne hnOscaplng and fencing pro$sions of

bJ"tibn O; anU, thiparking and loading regulations of Section 7 ' (Bylaw 5339)

, ni p"i sd*ion +.ro.i - Atiuultolngs dnd itructures, excludlng perimeter foncing

i;;ff;;tti anc rences) on lo!. abuttlng City.Road.s a: identified on Schedule;6;snatt not be sited

"tot*i to the City Road ihan the setback as per the appropriate

,on" r"r.ured from the offsel Rights of way as illustrated on schedule 'B''(Bylaw U40)

I

a

i

I

SECTION 9.I3 : STACKED ROW HOUSING RESIDENTIAL

zoNlNG BYLAW NO 5000 (2003)RH2'2or2

CITY OF VERNON

137

10.3 C3 : Mixed-Use Gommercial

{0.3.{ PurPose

The purpose is to provide a zone for the development of a cultural precinct with a

,irtr,ire if pedestrian oriented commercial and residential uses.

10.3.2 Primary Uses

. apadment housing

. artist studiosr care centre, malor. commerclal schools

' community recreation cantres. cultural exhlblt, Private. custom lndoor manufacturlng. duplex houeing

' food prlmary establishments. four-plex houslngr group home, mafor. hostgfs (Bvtew 5788). liguor primary establlshment, mlnor. offlces. parka, publlcr per$onil gervicgs. retail storge, generrl. retail gtore, licengegI row housing. second-hand dealershlPs. ggnlorg arslsted houslng. seniors rggldential care. ssniors suPportlve housing. semi-detachedhouslng. slngle detached bouslng. temporary sheher services

10.3.3 Secondary Uses

. bed and brpakfast homes (in single d€tached housing or semi-detached housing or

duplex housing onlyl (Bytaw 5498) ^

' brewing or dirtllllng, Clags Ar caro centreE, minor. heahh servlces. home based buglnesa, mlnor, homo based buslness, malor

10.3.4 Subdivlslon Regulatlons

. Minimum lotwldth is 12'0m'

. Minimum lot area is 380m2.

SEcrlox 10.3 : MIxED'U$E Cotttluenctnl C3-lor3CITY OF VERNON

zoNtN6 BYLAW No 60oo t2oo3)

138

t0.3.5 Party Wall $ubdlvleion Regulations

Lot Type Minimum Lot Area Mlnlmum LotWldthinterior corner lnterior cornar

Sem:-OeiactreOHousinq

225m2 275m2 7,8m 9.0m

Four-Plex Housing 150m' 200m2 6.5m 7.8m

Row Houainq 135m'1 185m'a 6.5m 7.8m

. Minimum lot area is 10,000mr if not serviced by community sewer system.

. Maximurn slte coverage is 6570 and together with driveways, parking areas and

impermeable surfaces shall not exceed 85016'

. Maximum denslty is 48 units per gross hectare (19.5 units/gross ac).

. Maximum helghi is the lesier of tZ.0m or 2.5 storeys, except it is 4.5m lor

secondary bulldings and secondary structuraa'. Minimum iront yarJ is 3,0m, except h is O.Om from a garage or carpod to the back

of curb or sidewalk for vehicular entry, or it is 0.6m to the side of the garage and

2.6m to the front facade for side-entry garage and driveway layouts., Minimum side yari is 1.2m, or 0.0m for shared interior party walls, except it is

2.4m from a flanklng street'. Minimum rear yardTs 6.0m, except it is 1.5m for secondary buildings. Where the

lot wldth exceids the lot depth, the minimum rear yard is 4 5m'. Maximum 6 dwelling unils ldcated in a building, with each unit having a minimum

width of 6.5m.. No primary buildlng shall be closer than 3.0m to another primary building.

{0.3.6 OeveloPment Regulations

. Maximum commercial floor space ratio is 0.4. ln addition, a residential floor space

ratlo of 0,3 is permitted for a total floor spacs ratio of 0'7', Where parking spaces are provided completely beneath habitable space of a

primary'buildiig or beneath useable common amenity areas, providing that in all

bases ine parklig spaceE are screened from view, an additional floor space ratlo

of 0.2 is permitted. Wnere all lhe required parking is not accommodated complelely

beneath ihe nabitaUte space of a primary bulldlng or useable common amenity

areas, the floor spaco ratio permitted shall be determined through multiplying the

additionat 0.2 floor spac6 ratlo by the percentage of parking proposed to be

provided beneath nabitible space of a primary bullding or useable common amenity

areas.. Maximum site coverage is 650/o and together with driveways, parking areas and

lmpermerble surfaces shall not exceed 85%'r Maximum height is the lesser of 10.0m or 2.5 storeys'. Minimum front yard is 4.5m, except it is 6.0 for a garage'. Minimum side yard is 2,0m for a buildings or secondary bulldlng or structure'

except it is 4.5m from a flanking street.

' Minimum rear yard is 6.0, except it is 1.5m for secondary buildlngs.

10.3.7 Other Regulatione

. Apartment houslng, aeniors aesisted houslng and eeniors supportive houslng

are only allowad aSove the first storey and requires a separate at-grade access

from the commgrclal uses.. A minimum area of 5.0m2 of private open space shall be provided per bachelor

dwelllng, senlors assisted housing or senlors aup.portive housing unit or group

horne bidroom, 10.0m2 of private open space shall be provided per 1 bedrcom

SEcnoN 10.3 : MIXED'UsE coilMERclALzoNrNG EYLAW NO 5000 (2003)

C3-2or3CITY OF VERNON

139

dwelllng, and 15.0m2 of private open space shall he provided per dwelling with

more ihan 1 bedroom.. lndividual commercial ugss shall not have a gros$ floor.area.greater than 300m2'

. While vehicular ".t"t"iJ a lot is permitted fr6m the front' parking areas shallnot be

ioniiruit"o in the front yard, but on the side or rear of the lot.. Foii"nlorc aselated hbuslng, senlorr resldential care and senlors ruppofilve

'rrouilng,, safe drop,off area for patrona shall be provided on the site,

. ln addition to the i"grtationt listed above, other regulations may apply' These

incfrOe the generat Ae-vlLopment regulations of Section 4 (secondary developm.ent,

F;;; piii6&ion, into vJroJ, tighiing,^agricurrural..set!acks, temporar,l shelters,

;lci-id; ipecific ui" i"gJratiois.oi Seition 5; the landscaping and fencing

proJirioni oi section O; ano] tne parking and loading regulations of Section 7'

(Bylaw 5788. hf i"r. S""tion a.tO.Z - All buildlngr and..structures, excludlng perlmeter fenclng

G;[ddilt6 ano iencesi on roft "urttlng

City.Roa* "l identifie<l on Schedule;6; snatt not be sited ctoeer'to the City Road ihan the setback as per the appropriate

.oni t"asuted from the offset Rights-of Way as illuslrated on Schedule "B''

(Bylaw 5440)

SEciloN 10'3 : MIXED-UBE coiltilERclALzoNrNG EYLAW NO 5000 {2003}

63'3or3CI'Y OF VERNON

140

cl110.11 Ct 1 : $ervice Gommercial

{0.1'l.l Purpose

The purpose is to designate and.preserve land for the accommodation of a mix of

commsicial uses, inctuiing vehiculir oriented areas, not provided for in olhar zones.

10,11.2 Prlmary Uees

amusement arcades, maloranlmal clinics, mlnoranlmalclinics, maJorauctioneerlng ertablishmentsautobody rcPalr and Paint shopeautomotave and equipment repair shopsautomotlve and recreatlon vahlcle servlcesbroadcastlng studlosbuslnell support servlces Fylaw il41)call centresclubs, privatecommercial storageconvenience vehicle rentalscontractor Eervices, llmltedcustom lndoor manufacturlng Bvlaw 5441)

drlve-through sewlceadrlve-through vehlcle servicesemergsncy Protectlve servicesequipment rcntalaflea marketsfleet serulcesfood Prlmary sstablishmentsfuneral gervlcesgamln g facilitiee @vtaw 4967)"gas bargovernment agencles[igtr tectrnology research and product deslgn @vtaw 5441)

housahold rePalr serviceskennefs Pylaw 6339)

limited contractor servlcesliquor prlmary astabllshment, minornon-acce3tory Parklngofllces, constructlon and developmontpartlclpant recreatlon Earviceg, lndoorpawn ahoparecyclod materials drop'off centrcsretail cannabls sales (Bvtaw 5731t

retall stores, serylce commerclalservice Statlons, minortruck and moblle home ealeslrentalsused goods storegutlllty services, mlnor imPactu.ni6rc and equipment eilee/rentals, lnductrlal and agrlculturalwarehouse sales

.* refor to doflnltlon for "gaming facilitio3" ln S€ctlon 2.3.3, for llmltatlon on number ol

clot machinet psrmltted within the Clty of Vernon boundaries

a

a

CITY7-1oe2VERNQN

ctOFSrcrton 10.11 : SERvlcE Commencllt

iorurNG BYLAw No sooo (2oo3l

141

10.11.3 Secondary Uses

r amuggment arcades, mlnor

' carnival. outdoor storage. residentlal aecurltYloPerato. real estate sales office

' retall Stor€' llcengee

r unlt

I 0.1 1.4 Subdlvlelon Regulations

. Minimum tot wldth is 30.0m.

. Minimum lot area is 1000m2'

I 0. I 1.5 DeveloPment Regulations

. Maximum commercialfloor apace ratlo is 1 8'

. Maximum slte coverage is 60%'

' Maximum helght is the lesser of 12'0m or 3'0 storeys'. Minimum front Yard is 2'0m'. Minimum siJe yira is 0.0m, except it is 2.0m.l91,any,flanking street, and 4.5m

when adjacent io a residential, agricultural or institutional zone'. Minimum rear iarO is 0.0m, excLpt it is 6.0m where the abuttlng land is zoned or

designated Residential'

1 0.1 1.6 Other Regulatlona

.onlyonereeidentlalsecurityroperatorunltispermittedonasite'

. tn additior j" tiiJ-r"g"tations iisted above, 6frer regulations may apply' These

inctude 0re gen;ial dlietopment regutations oJ section 4 (secondary development,

yards, proiJ.tio"r inL i"ial, lig-htiig,. agricultural setbacks, etc'); the specific use

regutatione'-oi-5."tion sipre taniscal-lni'anc tencing provisions of Section 6; and,

th5 parking and loading regulations of Section 7'. Outdoor ito,"g" sfritt de screened from view of any street or lane and ftom

adlacent fi;fits. ihere shalt be no outdoor storage of toxic, noxious, explosive

or odorous materials'

lO.1,l,7 Temporary Commerclal Use Permlta

.lnadditiontothePrimaryandsecondaryusespermittedbysectionsl0'11'2.and10.11.3, T;p;ty bommerciaf Ule peimits may be issued in respecl of the land

legaily oe*"iibeo as Lot 20, s;t. 27, Tp. g, ptan 84869, oDYD to permit

admlntstrative otfi."r and the retail sale of dog food and related products' -. As per s"Jtion +.io z - Alr buitdings and gtr-uclures, excludlng pe-rlmeter fsncing

(garden ,n.ll" rnO tencesl on nE abutting City Roads as identified on $chedule,'B" shail not be sited closer to the city Roao ttranitre setback a8 per the-appropriate

=un" r"""lrr"; iitt tne offset Rights-of Way as illustrated on Schedule "8"'

(BYlaw 5440)

CITY OF VERNONCl1 - 2or 2

SEcrloil {0,11 : Senvtce CommenctllioirrnG BYLAw No sooo t2oo3)

142

The purpose is to provide a zone primarily for the preservation and enhancement of

;il;i"*, for irtJ ptotection .oj sensitive or endangered species habitat and identified

cultural sltee, and for limited public facilities'

12.1,2 Prlmary Uset

12.1 Pl I Parks and OPen SPace

12,1.1 PurPosc

. cemeteries

. cultural exhiblts, public

. docks, communltY

. llbrarles and museumr, Public

. marinaE

. participant recreatlon eervices' lndoor

. iarticlilant recreatlon selices, outdoorr parko, public

12.1.3 Secondary Utos

. boat launches

. boat liftg

. boating

. ""*-"intras,

major. carnlval. communlty recreation centres. educational services, publlc (Bvtaw 5849)

. food primary eatablishments

. reaidential security/operatorunit

. retall storeS, convenience

. rctail street ealgs

. utility services, minor imPact

12.1.4 Subdivieion Regulations

. Minimum lot width is N/A,

' Minimum lot area is NlA,

Secrtor 12.1 : PlRxg AND OPEII SPACE

12.1.5 DevaloPment Regulations

. Maximum floor sPace ratio is 1'0'

. Maximum helght'is 15.0m or4 storeys;which ever is the lesser'

. Minimum front Yard is 6'0m'

. Minimum stOe iaro is 3.0m, exc€pt it is 4.5m for any flanklng stleet or where the

abuttinglandiszonedordesignatedResidentialorAgriculture.' Minimum rear yard is 3.0m, Jxcopt it is 4.5m for any flanking street or where the

abutting land ii zoned or designated Residential or Agriculture.

zoNtNG BYLAw No. 5000 {2003) CITY OF VERNONPl-10F2

143

12.t.6 OtherRegulations

. only one reaidentlal seeurttyloperator unlt is permitted on a 3lte.

. ln addition 1o tn" regutations iisted above, other regulations may apply. These

include the general dc-velopment regulations of Section 4 (secondary development'

yarOs, projjctions into yaids, lighting, agricultural setbacks, etc.); the speciflc use

iegrraiiinr'oi SJ"tion Sitne unlscaping ano fencing provisions of Section 6; and'

th6 parking and loading regulations of Section 7'. Outdoor stonge stritt Oi screened from view of any strcot or lane and from

adjecent propefti"r. There shall be no outdoor sloraga of toxic, noxious, explosive'

or odorous malerials.. As per section a.10.2 - All bulldings and etruclures, excluding pe_rimeter fencing

(gorden ,"n" "nO

fencee) on lotl abuttlng City Roads as identified on Schedule

"8" shall not u" sited closer to the city Road than the setback as per the-appropriate

,on" r"""r*d irom the offset Rights-of Way as illustrated on Schedule "B'-(BYl€w 5440)

SECTION I2.1 : PARKS AND OPEN SPICEzoNrNG BYLAW No. 5000 (2003) CITY OF VERNON

P1 - 20F2

144

Attachment 4

REGIONAL DI$TRIGT OF NORTH OKANAGAN

!6ru$8JlrilClPAlJnEidfyOF AR^|STRONGDISTRIfi OF COLDSTREATIOIY OF ENOERBY

\rLt/{6E OF LUi,lBYlowt'lsHP OF gPAIL(tlCtf,eNclTY OF lGlhloN

ESKI86I.A8FA6.'r-sWAN IJ\KE'c-BJ( S61FC1'if - urr,tEY (RURA.)

.g-CHERRYMLLE

.F-ErcERW(RIJRA}

OFFICE OF: PARKS, RECREATION AND CULTURE

May 19,2015

Avanti lnvestments Ltd'101-1865 Dilworth Drive, Box 374

Kelowna, BC V1Y 9T1

Attentlon: Don Searle

Parkwood Retlrement Resort Holding Corporatlon Ltd'

1277 Gordon DriveKelowna, BCV1Y4W4

Attentlon: Fraser Hall

Citu of Vernongloo-gos StreetVernon, BC V1T sEo

Attentlon; Dale Rlntoul

Re: Letter of Agreement58th Avenue Extension / Sale of portion of Lot 3, Plan MP68038, Sec 11, TP8, ODYD

(5601-20th Street) to enable 58h Avenue public road extension

Here ls the outline of our agreement with respect to preparation and execution of the various

logal documents and timing of tha land title office registrations to conclude our agreement with

re-spect to your parkland dedication requirements under the applicable:

1. parkwood Retirement Resort Holding Corporation Ltd. (the "DevelopeC') will enter into a

Development Agreement with the ci$ of vernon (the "ci$-) in respect of the

construction of the proposed 58ft Avenue bridge across BX Creek (the "Brldge), w1h

the Bridge to be constructed in accordance with approved layout described in Appendix

A and B, with the Developer posting security in accordance with the Citt's Subdivision &

Servlclng BYlaw; and

oUR FILE No.: 6300-BD(crs€kFrasarHall

Regfonal Dlslrlct of Nodh9E18 Aberdeen Road

Phonc:Fax:Wob:E-Mell:

25G350-3701wr,vly,tdno,[email protected], BC VIB 2Kg

145

File No. : 6300-BX0reekFraserHallDated: May 19,2015Pase 2 ort 4

Z. On a concupent basis, the following would be submitted for registration at the LTO:

(a) a road dedicalion plan whereby the Regional Dlstrlct of North Okanagan

("RDNO') dedicatee road over that portlon of Lol 3, Plan 1GP68038 to west of

the Bridge as shown on APPendlx C;

a sRW granied by Avanti lnvestments Lld. ("Avantl.) in hvour of RDNo as a

component of the BX creek publio palhway in Lots 4 and 5, Plan KAP68038 as

shown Appendlx E, with the sRW terms as oullined and agreed between the

City and Avanti and which will form part of the 5% land dedication requirsment of

Lois 4 and 5 under section 941 of the Locsl Govemment Act (see note 3 below);

a SRW in favour of RDNO as an additional component ol the BX Creek public

pathway in Lot 5, Plan KAP68038 as shown AppendlX F and havlng an

approximate area of 0.'16 ha, and which will be purchased by RDNO from Avanti

on previously agreed terms and conditions; and

a subdivision plan in rospect of Lot 4, Plan l(AP68038 and Lot 1, Plan 20768

which will:

(b)

(i) dedicate road as genarally shown on Appandix A for lhat portion of 58h

Avenue from the road dedicated by RDNO (described in item 2(a) above)

across BX Creek to its end at the cul-de-sac with a connection to the

Rlmer Road right-of-waY.

create a separate parcel for the area shown on Appendlx D which will be

simultaneously lransferred by the Developer to RDNO in exchange for the

RDNO land being dedicated as road (described in item 2(a) above); and

consolidate tho then remaining portion of Lot 4, Plan KAP68038 lying to

the south of the nevdy dadicated portion of 58fr Avenue with Lot 1, Plan

20768.

Please also note the following:

1. the terms of this letter agreement are binding on Avanli and the Developer deepite the

fact ihat eiiher of tham may only have an option or some similar right io purchase some

or all of the lands described above;

Z. the foregoing sets out the requirements of RDNO only; the Developer and Avanti must

also satisfy the requirements of the Ci$;

3. the actual areas of the road dedications and SRWs will be contirmed by a BCLS,

working in conjunction with the partles and their advisors;

4. Avanti and the Developer aoknowledge and agree the SRW to be granted in accordance

with item 2(b) wi[, upon registration of the plans and documents conlemplated by this

(c)

(d)

(iD

(iii)

146

File No.: 6300-BX0reekFrasefiallDated: May 19,2015Page 3 of 4

5,

6.

7

8.

letter, will constitute more than 5o/o of the area of Lot 4 and lhat despite seclion 941 of

the l-oca/ Govemment Acl, after the registration of such plens and documents nelther

RDNO nor the City will have any financial or other obligetion lo Avantl or the Developar,

or either of them, whatsoevef if the Developer or Avanti, or either of them, cease

development, for any roason, of Lots 4 snd 5 prior to such time as the area of the BX

Creek pubic palhway SRW granted in accordance with itam 2(b) constitutes 57o of the

lotal area of the developed portion of Lots 4 and 5:

the SRW described ln 2(b) and the separate parceldescribed in 2(dXii) must abut and

connecl lo the area dedicated as road as described in z(dXi);

RDNO will be responsible for ltems 2 (a), (b) and (c), including the costs ol preparatlon

and registration of survey plans and supporting documents;

the Developer will be responslble for ltems 1 and 2 (d), includlng the costs of preparation

and registration of survey plans and supportlng documents;

despite the granting of the BX Creek publlc pathway SRW as described in this letter,

Avantiand the Developer (to be allocated amongst them as they shall agree) must pay

to the appropriate governmental authorily all development cost charges as may be

payable in eccordance with all applicable law;

terms of all SRW documents subject to approval of RDNO end City, acting roasonably

and uslng stendard RDNO documentation where appllcable; and

all documents are to be regislered in priorlty to all financial charges,

NORTH OKANAGAN

Devld SewellChlcf Ad ministralive Oflicer

o

10.

Per:

D

We accept and agree to the foregoing terms and conditions set out in this letter, this -

day of

May,2015.

AVANTI INVESTMENTS LTD

Per:Authorized Slgnatory

2on f,aqrle

147

Flb No.; 6300-B)(CreekFnserHallDated: MaY 19,2015Pssa 4 of4

PARKI'VOOD RETIREMENT RESORT LTD,

Per: **

fraSe,THE CORPORATION OI. CIWOFVERNON

l.

Per:

PlnkoeklManager, Parks

uJi e , cA}truly;

148

II

G

1III

I

I1

lII

aB

SgrH Ar/E

AI

I

a

20th STREETAND 58TH AVENUETRAIL SYSTEMPROJECT No.14152

DRAWNG No.SlG{o7SC{EIE 1;5OO

May20.2015

-**-149-

MMGD STANDARD DETAIL DRAWINGS

out{

FENCING OPTOT{ALIN UEU S HORIZONTAL PIPES.REiER r0 CoNTRAC1 DRArililolrOR SUPFIIMENTARY SPECInCAIIONS

t,t

; ..,"'t I "rY,

CONCFEIE RETAINING T1ALL

GENERAL ARRANCEMENT

RAIL POST

TOP OF T{ATT12x180EOUAL

25 MIN NON-SHRINKCEMENT GROUT

t20irl

O.5lmrn tl{CX GALV.

SHEET MFfALSLEE\IES

f, 10oxl2xl00

ctao RAIL POST

STEET PI.AIE CAPO.6lmm 0RTTEI.DED TO

EETIERSIEEIE

EDGE OF CONCRSTE

EMBEDDED MOUNNNC ATTACHED MOUNTINC

CONNECTION DETAILS

NoTEr 1. Atl J0INTE Ml'lRED. tlrEtDED Atr ARoUN0 ,Sl0 SUOOTHEO'

2, AtL COI,IPONEHTS 10 BE HOT DIPPED GALVANIZED AF1ER FABRICAIION.

5, REFER TO CONIRACT Df,AWNGg A\tD S€CIION O2!J1 FOR DETALED S?ECIHCANONS,

ORAWNG IIUMEERT

ct4HANDRAIL ON CONCRETE RETAINING WALL

Appendix "8"

*

ii.

:1I::*

tlat

i:a

!.:

3:

.t:I!lit

,t,

,i

I,i'l:t:t

I,{

I{l

IiI

I

F

1 50

Appendix "C'

Appendlx D

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ot

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151

Appendix "D"

Appendix E

!

I

II

ct)Ur

5

I

I\

+tl'-i_rt

Hr

l'{

t_qd

EHg6

gE

g*

152

I

Appendix "E"

.CREEI(

AR€A3LOCA'IOT.{ IOUN0AIY LocAlols AloARE SI.€r'ECI TO I FE.D SUFVFI.

OJ PART REM LOT 5

\ (AREA = e'os ho)A

".--

a" -t'-

1:6

FtdtrJEFtn

oC!

Ar(E sEr (TYP)

PLAN

VARIAALE WD'H

KAP68038

8m Y/IlTtl

LOT 4(AREA : 3-s5 ho)

sRwho) RE[l LOT 1

PLAI.{ 18836

trIA.

.')FoJ

LOT 3PLAN1165

LOT 4PLAN 4165

A94E6

60 'lo0 r50

lr)FoJELJuFEo

0

SKTTCH PLAN OF PROPOSTD SRWOVER PARTS OF LOTS 4 AND 5,puru xRpo8038, SEC '11, TP B, ODYD

82700T0t

scAL* 'l : 2000 on ne R9270

orn:23 Apr 2015 om{}ir RB

RDNO

WILLIAM E. MADDOXEr.C. LAND SI]RVEYOR

!500 - 30{h STREETvEnr.loN, e.e. vll EE!

TsLf Ft{oNE (260)142-4341

153

SITT PLAN OF PART OFLOT 5, PLAN KAP68O38,SEC 11, TP 8, ODYDEXCEPT PLAN KAP71859

scALE: 1 : 500 oLlfl FILE, R9270DArE:20 Jan 2012 DRAWN: RB

onol District of North

WILLIAM E. MADDOXEl.C, LAND SURVEYOR

35OO _ 5O+h STREETVERNON, B,C. VIT 5E8

TELEPHONE (25O)342-454J

uce

ALL DISTANCES ARE IN METRES.

,I

LLOT APLAN

KAP71859FORMER ENTRANCE(BLoCKED OFF)

II

III

OJ

tI

t

rr}ge*oj-

*"s

8.400

(-r I,3tbtPlt{t

,IIIIIIt,II

REM LOT 5PLAN

KAP68038

(olqt(t)+

SIGN..BX CREEK

0.27m CLEAR

qtt

92700I01

154

L_

/

-*!=

PLEASANT VALLEY ROAD

10.h wDn

MJUSilENT TO MP 8NNDffi+ffiK TOruD o

o

oU

-

TO SWAN LAI(g

2OTH STREF

GANDERSON RANCH

0$1h:-$M 1:1@

MG

..FFtsqlojo

G'

ru

l€

4tiJ*t V.?1,%.,ENGINEERING AND GIS SERVICES

\\\ )sdmlq<ol ffiqE

CURRENT OCP DESIGNATIONS WITH

PROPOSED AMENDMENTS sPlm 2

RRTO P1 l

SETBACK SROW

LOT A

RR TO RH2

LOT D2t-oT D1

RR TO RM2

LOT N

CREEK

1 Lbro I

A3 TO P1.=

LOT R

A3TORH1 -

? .1

'RRToPl

RELASOTOSISNNG ASEMENT

RH1TO

LOT

RR

t

Y

It\vlPl

LOT H

mToc3

LOT F

A3 TO RM2(WTH COVENANT)

LOT G

N TO RH1

LOT J

Rn (RDNO) TO ru2(WTH COVENANT)

43 TO C3

LOT K

LOT L

M TO RM2

A3TO Pl

A3 TO

10 SVJAN LAKE

PLEASAVT VAUEY ROAD

LOT P

a3TO C1

o

o

LEGFND

&NE DSCRPI6

LSR6E&MWNTMOEM

c4@R

I I

I I

2OTH STREET

\

0$lh

F}

g,o3o

5

SE 1:10m

ruANDERSON RANCH

PROPOSED ZONINGilmlE

roH tim

l€

ariJ

-ft.V.?h%.ENGINEERING AND GIS SERVICES

I\\\ffi

sP-107

{1il

Attachment 5

I

MAP B-5: East Vernon

REGIONAI. DISTRICT OF NORTH OKANAGAN

REGIONAL GROWTH STRATEGY"Ane Region, One Future"

Futurc Groith AFa

] 6rowdrare

n Rur.l P.otection AtttA Ag.lcvllt..lLtnd

I Fir:t Netionr Lend:

I Prcvircal P.otst.dI ,.' L.1.3

I

't" -

I

1

{l\;I

f{

:ltl,

!_!

IJ.

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ft{II

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II

I

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a

r^a.L-J^.

I 1. URBAN CONTAINMENT AND RURAL PROTECTION

ffiililgIrm;{t

fil

{

My smoll commun$ be beautilul in 70 yeors I can see miles onto lovely

forests, larms and fieldt'(Age 11, from the Youth SurveY)

WHY ISTHIS IMPORTANT?

ln the past, development in the North Okanagan has moved into our agricultural lands, our

hillsides and into our open spaces. Although we have active community centres and

neighbourhoods, the majority of our housing is low density. Higher density or mixed use

development are needed to support regional sustainability goals. lncreased density in our

communities is necessary to support public transit, reduce the costs of utilities, infrastructure and

roads, provide a diversity of housing options and allow more travel by foot and bicycle. Focusing

development within our communities also reduces development pressure on our rural areas,

allowing us to preserve agricultural, natural and low density rural residential lands. By

concentrating growth in areas that are already serviced by water and sewer, municipalities can

become more economically sustainable and focus resources on diversifying their economy.

GOAI UC-l: FOCUS DEVELOPMENT INTO GROWTH AREAS

The communities of the North Okonqgdn ogree to work as pdrtners and individually to:

UC-1.1: areas designated as Growth Areas are to be fully serviced with community water and

sewer systems and can accommodate a broad range of urban land uses at urban

densities.

UC-1.2: promote compact, complete community design

The communities of the North Okanagan agree to promote compact, complete community design

in Growth Areas through the consideration of the following guidelines when undertaking Official

Community Plan amendments, reviews or revision, and assessing large developments:

1. lnfrastructure is developed in a way that makes efficient use of existing and future

publ ic infrastructu re i nvestments;

2. public facilities and services are provided in an appropriate and financially responsible

manner;3. Transportation is designed to be walkable where possible and served with a well

connected system of streets, bikeways, recreation trails and public transit;

4. Development is designed to preserve and enhance natural ecological systems;

5. Development includes sufficient land suitable for a range of needed housing types;

G. Growth can be accommodated in a way that preserves important natural landscape

features;

RE6IONAL DI5TRICT OF NORTH OKANA6AN

REGIONAL GROWTH STRATEGY"One Region, One Future"@ 12

HIllErmiffi

til

{

It._t I

--

rA t7. Development is designed to avoid or minimize adverse effects on agricultural and

natural resource lands, important natural landscape features and on land designated

as Rural Protection Areas;

8. Municipalities shall recognize the Rural Protection Boundary in Official Community

Plans;

9. Local and regional government will respect the Rural Protection Boundary and Rural

protection Area when reviewing relevant proposals, including: annexations, Official

Community Plan amendments and reviews, bylaw development, permit review and

applications for large developments; and

10. Local and regional government will discourage proposals which are inconsistent with

the Regional Growth Strategy, Official Community Plans, Rural Protection Boundaries

or Rural Protection Areas.

REVTSED 2019

UC-1.3: consider the full cost of development, including water and sewer infrastructure,

transportation, emergency response and civic services, to ensure that land use

decisions are transparent, informed, fiscally responsible, and take into account the

principles of asset management'

UC-1.4: preserve and enhance existing neighbourhoods by encouraging diverse choices in

housing types, a high degree of connectivity in the street network to accommodate

walking, bicycling and transit use and provide public spaces'

UC-1.5: support the transformation of key underutilized lands, such as brownfields and

greyfields, to higher density, mixed use areas to complement the development of

neighbourhood centers and the enhancement of existing neighbourhoods.

UC-1.6: use the policy tools available to local governments to encourage the redevelopment

and revitalization of underutilized lands'

UC-1.7: undertake a phased approach in Growth Areas: Municipalities are encouraged to

consider adopting a phased infrastructure and service area expansion approach to

sustain growth rates and protect the Growth Areas' potential for development over a

20 year period.

REVTSED 2019

UC-l.g: define Community Centres within existing communities: Although every center is

distinctive and unique, they should all contain some common elements, including:

r Compact and complete design

r Transit orientedo Pedestrian friendlyo Public spaces and meeting Placeso Green and sustainable infrastructure

I

R€GIONAL DISTRICT OF NORTH OXANAGAN

REGIONAL GROW'H STIATEGY"Ane Region, One Future"@ l3

llltl t f r.L. I

I

ffiIllgIrmitG

1il

{

REVISED 2019UC-1.9: respect Future Growth Areas identified in existing Official Community Plans: The

development of Future Growth Areas will be based on Official Community Plan policies

and is contingent on the provision of water, sewer and appropriate civil services, such

as emergency response, as well as the identification of water sources. The full cost of

providing an urban level of service delivery (water, sewer, emergency response, and

civic services) must be considered along with the principles of asset management prior

to development. Once considered for development or designated within an Official

Community Plan, Future Growth Areas will be designated as Growth Areas (UC-l.1) and

all associated policies will apply. Additional Future Growth Areas may be considered

during the Regional Growth Strategy 5-year review and informed by a Regional Housing

Needs Assessment.

GOAI UC-2: PROTECT RURAT TANDS

The communities olthe North Okanagan agree to work as portners ond individually to:

UC-2.1: designate Rural Protection Boundaries, consistent with the Regional Growth Strategy,

within Official Community Plans for the purpose of protecting lands within the Rural

Protection Area. Lands designated as Rural Protection Areas are intended to

accommodate low density development on larger (1 hectare and greater) parcels of

land that are not serviced with both community water and sewer systems

NEW 2019IJC-2.2: The Board encourages communities to consider amending rural protection boundaries

during the RGS 5-Year review process (See UC-2.4) which will take into account the

Boundary Review Criteria (Schedule'F'). The Board respects localjurisdictions' land use

autonomy under Part 14 of the Local Government Act to determine land use in the Rural

protection Area while still trying to discourage sprawl. Each local authority will ensure

that its' respective Official Community Plan:. Recognizes the Rural Protection Boundary as shown in the RGS;

. ldentifies any local areas desired for future growth that may infringe upon the Rural

Protection Areas;. Addresses, to the extent that is reasonable, the difference between the OCP growth

areas and the Rural Protection boundaries of the RGS in the Regional Context

Statement as per Section 447 of lhe LocolGovernment Act.

lf, through an application process, a municipality successfully removed lands from the

ALR and/or are designated for urban scale development, a change to the mapping and

designations of the RGS would occur during the 5 year review to reflect that change. ltis recommended that any regionally significant changes to the land use designations be

referred to the Regional Growth Strategy Support Team for technical review and

comment on regional implications and the Board of Directors as per Section 475 of the

Locol Government Act.

R€GIONAL DISTRICT OF NORTH OKANAGAN

REGIONAL GROWTH STRATEGY"One Region, ane Future"@ l4

Attachment 6

THE CORPORATION OF THE CITY OF VERNON

BYLAW NUMBER 5897

A bylaw to amend the City of Vernon's OfficialCommunity Plan Bylaw Number 5470

WHEREAS the Council of The Corporation of the City of Vernon has determined to

amend the "Official Community Plan Bylaw Number 5470,2013";

AND WHEREAS all persons who might be affected by this amending bylaw have, before

the passage thereof, been afforded an opportunity to be heard on the matters herein

before the said Council, in accordance with the provisions of Section 464 of the Local

Government Act, and all amendments thereto;

NOW THEREFORE the Council of The Corporation of the City of Vernon, in open

meeting assembled, enacts as follows:

1. This bylaw may be cited as -6141 Highway 97, 6162 Pleasant Valley Road and

5975 Lefoy Road Official Gommunity Plan Amendment Bylaw 5897' 2022".

2. That Schedule "A" of Official Community Plan Bylaw Number 5470 is hereby

amended as follows:

That the following legally described lands be redesignated from

"Community Gommercial", "RES{NORD)", "Residential Medium Density" and

"Parks & Open Space" to "COmmunity Gommercial", "ReSidential Medium

Density" and "Parks & Open Space" as shown on Schedule "A" attached hereto and

forming part of this bylaw.

PAGE 2

BYLAW 5897

Legal Description:

LEGAL . LT 5 PL KAP68O38 SEC 11 TWP 8 ODYD MERIDIAN 6

MERIDIAN W6, EXCEPT PL KAP71859 AND EPP7O68O

(6141Highway 97)

LEGAL - LT 1 PL 23048 SEG 1 1 TWP 8 ODYD(6162 Pleasant ValleY Road)

LEGAL - LT 4 PL KAP68O38 SEG 11 TWP 8 ODYD EXGEPT PL

EPP564O7 AND EPP7O68O5975

3. Official Community Plan Bylaw Number 5470 is hereby ratified and confirmed in

every other respect.

READ A FIRST TIME this

READ A SECOND TIME this

PUBLIC HEARING held this

READ A THIRD TIME this

ADOPTED this daY of

day of

day of

day of

day of

,2022

,2022

,2022

,2022

,2022

Mayor Corporate Officer

Schedule'A'Attached to and forming Part of Bylaw 5897

"6141 Highway 97, 6162 Pleasant Valley Road and 5975 Lefoy Road Official Community Plan Amendment Bylaw 5897,2022""

P|EAS&T V4rry RO6

I

l

MINISTUMMPiNGAOJUSilEFTO @P rcUilDM

MBffi€F

ruANDERSON RANCH

CURRENT OCP DESIGNATIONS WTHPROPOSED AMENOMENTS sPr03_2

lG#(. r.T;%"ENGINEERING AND GIS SERVICES

\\\ll

Attachment 7

RAT TY

BYLAW 5898

A bylaw to amend the CitY of VernonZoning Bylaw Number 5000

WHEREAS the Council of The Corporation of the City of Vernon has determined to amend

the City of Vernon Zoning Bylaw Number 5000;

AND WHEREAS all persons who might be affected by this amendment bylaw have, before

the passage thereof, been afforded an opportunity to be heard on the matters herein

before the said Council, in accordance with the provisions of Section 464 of the Local

Government Act, and all amendments thereto;

NOW THEREFORE the Council of The Corporation of the City of Vernon, in open meeting

assembled, enacts as follows:

1. This bylaw may be cited as the "6141 Highway 97,6162 PleasantValley

Road and 5975 Lefoy Road Rezoning Amendment Bylaw 5898, 2022" '

2. Pursuant to the Official Zoning Map, Schedule "A" attached to and forming

part of Bylaw Number 5000, is hereby amended as follows:

That the following legally described lands be rezoned from "A3 Rural

small Holdings", R4 - Small Lot Residential" and "R1 (NORD - Single

Family Residential" to "G3 - Mixed Used Commercial", "G11 - Service

Commercial", "P1- ParkS & Open Space", 'R5 - Fourplex Residential

Housing", "RM2 - Multiple Housing Residential", "RH1 - Low Rise

Apartment Residential" and "RH2 Stacked Row Housing

Residential".

and by changing the Zoning Map accordingly, all in accordance with the bolded area as

shown on schedule "A" attached to and forming paft of this bylaw.

Legal Description:

LEGAL . LT 5 PL KAP68O38 SEC 11 TWP 8 ODYD MERIDIAN 6

MERIDIAN W6, EXCEPT PL KAP71859 AND EPP7O68O

(6141Highway 97)

LEGAL - LT 1 PL 23048 SEC 11 TWP 8 ODYD(6162 Pleasant ValleY Road)

LEGAL. LT 4 PL KAP68O38 SEC 11 TWP 8 ODYD EXCEPT PLEPP564O7 AND EPP7O68O

5

PAGE 2

BYLAW 5898

Zoning Bylaw Number 5000 is hereby ratified and confirmed in every other3.

respect.

READ A FIRST TIME this

READ A SECOND TIME this

PUBLIC HEARING held this

READ A THIRD TIME this

ADOPTED this daY of ,2022

Mayor

Approved pursuant to section 52(3)(a) of the Transportaflon Act this

-

day of

20

for Minister of Transportation & lnfrastructureBYLAW 5898/ CDAS ?

Corporate Officer

day of

day of

day of

day of

,2022

,2022

,2022

,2022

SCHEDULE'A'Attached to and Forming Part of Bylaw 5898

"G141 Highway 97,6162 Pleasant Valley Road and 5975 Lefoy Road Rezoning Amendment Bylaw 5898, 2022"

a PL&SANT V{Lry ROS

6

PrcE

1O SSN IAKELOT P zOTts SNEET

5C@ lim

IOT D2LOT D1

TOT F

lOT NLOT R

A3TORgl -

.- 1\

smqswLOT A

USI{GffidEITTOEffiD

LOT C

RR TO d1

LOT H

LOT J

LOT L

ruANDERSON RANCH

PROPOSED ZONINGsP-107

*fr r.il-,"5"ENGINEERING AND G15 SERVICES

\\\ll"'#'S.;:;

sl@+rrc!rclrl E-Mm$(rffir

Attachment 8

AVANTI INVESTMENTS LTD

ANDERSON RANCHMASTER DEVELOPMENT PLAN

May 11,2021

\\\

I\\\

\\\

City of VemonCommunity Services Building, 3001 - 32 Avenue

Vernon, BC, VIT 2L8

Attention: Daniel Sturgeon, Long Range Planner

Dear Daniel:

This report presents the components required by the City of Vemon in support of the master

planning pto""s Offical Community Plan Amendment and re-zoning of the Anderson Ranch

iands. f-his report is consistent with the intent of the North Vernon Neighbourhood Plan and the

Transportation Master Plan while providing a higher level of detail requested by the City to

support the proposed development ofthe site'

We look forward to discussing with you further to address any questions or concerns you may

have regarding this master plan for of the Anderson Ranch lands'

Yours sincerely,

Alexander Christensen, AScTSenior Project Technologist

Encl.cc:WSP ref.: 20M-01242-00

Nola Kilmartin, RPP, MCIP, MUPSenior Planner

Landmark 6, Suite 700

1631 Dickson Avenue

Kelowna, BC

Canada V1Y 085

T: +1 250 980-5500

F: +1 250-980-551 1

wsp.com

\\\ I

TABLE OFCONTENTS

PROJECT TITLEProject No. OUR REF. NOCLIENT

1

1.1

1.2

INTRODUCTION..

SITE CONTEXT

OFFICIAL COMMUNITY PLAN CONTEXT

PROPOSED DEVELOPMENT

PHASED APPROACH

ROAD NETWORK DELIVERY

STORM DRAINAGE INFRASTRUCTURE DELIVERY

SANITARY SEWER INFRASTRUCTURE DELIVERY

WATER I NFMSTRUCTURE DELIVERY

PARKS AND TRAIL DELIVERY

MASTER PLAN ..........,..14

stTE ATTRIBUTES ..............14

KEY CONSTRI\|NTS.......

BX CREEK ENVIRONMENTAL

'14

14

UNNAMED EAST TO WEST DMINAGE 15

PROPOSED LAND USE PLAN 17

GRADING APPROACH 18

BUtLDtNG FORM AND DEVELOPMENT OPPORTUNITIES (SITE BY

srTE)............. .........1e

4 CONCLUSION..,

1

1

2

3

3

5

7

8

9

9

2

2.1.1

2.1.2

2.1.3

2.1.4

2.1.5

2.1.6

3

3.1

3.2

3.2.1

3.2.2

3.2.3

3.2.4

3.3

3.3.1

3.3.2

3.3.3

33

WSP

Page ii

\\\

TABLES

TABLE 1.0TABLE 2.0

TABLE 2.1TABLE 3.0TABLE 3.4

LEGAL PARCELSPROPOSED DEVELOPMENTPHASESPARK DED|CAT|ON...............LAND USEMORE COMPLEX TABLE 1 ...

.31017.4

FIGURES

FIGURE 1.0FIGURE 2.0FIGURE 2.1FIGURE 2.2

FIGURE 2.3

FIGURE 2.4

FIGURE 2.5

FIGURE 2.6FIGURE 2.7FIGURE 2.8

FIGURE 2.9FIGURE 3.0FIGURE 3.1FIGURE 3,2FIGURE 3.3

CURRENT OCP MAPPING ...........,.. 2PHASES ........................4PHASEONE .................................... 5TYPICAL URBAN COLLECTOR ROADcRoss sEcIoN ........6TYPICAL RURAL LOCAL ROADcRoss sEcTloN ........6PRE-DEVELOPMENT STORMWATERMANAGEMENT FLOW PATH ...........7POST DEVELOPMENTSTORMWATER MANAGEMENTFLOW PATH ........ ........8PARKS TRAIL MAP ........................ 10RTPARIAN SETBACKS ................... 1 1

EXISTING SROWS ADJACENT TOBX CREEK ................,.12PARK AND TRAIL AT KNOLL ........ 13RTPARTAN (SPEA) AREA ............... 15TRTTON ESA AREA ....................... 16

LOT DENSITY MAP ........................ 18coNcEPTUAL GRAD|NG............... 1 I

APPENDICES

A-1 RDNO PARKLAND DEDICATION AGREEMENT

A-2 ENVIRONMENTALLYSENSITIVEAREAASSESSMENT

A-3 ARCHAELOGICAL OVERVIEW ASSESSMENT AND

PRELI MINARY FI ELD RECONNAISSANCE

A-4 RIPARIAN AREAS PROTECTION REGULATION

ASSESSMENT REPORT

Page iii

l INTRODUCTION

1.1 SITE CONTEXT

The subject site is located on the northem edge of the City of Vemon limits. It is accessed from the south by 20th

itr"Ju"a 58,h Avenue, from the east by Pleaiant Valley Road and from the north by a Highway 97 frontage road.

The properties for this Master Plan in the City of Vemon include:

Table 1.0: Legal Parcels

Lots 4 and 5 were originally part of the Anderson Ranch holdings and were used for agricultural purposes with

barns, sheds and homis Uuitt'ty the Anderson family. Lot I was a residential lot in the Regional District of North

Okanagan (RDNO) with one single family home, which cunently remains onsite. Lots 4 and 5 are currently vacant

and haie been partially pr"pur"ifot deveiopment, including a portion of the 20'h Street extension (one way south)

from the Highway 97 frontage road, south of Stictt" Road. Together, these properties now represent an opportunity

for developirent bf a rung" Jf "o*-ercial

and residential uses within the city of vernon. The development would

also see critical road netiorks completed, environmental protection of BX Creek and the provision of park and trail

networks within the site as envisionsed in the North Vemon Neighbourhood Plan and Transportation Master Plan.

Adjacent developments have resulted in multiple family residential to the south and arunge of commercial uses to

the southwest within the City of Vemon boundaries. The site is bordered by lands withinthe Regional District of

North Okanagan (RDNO) to the north and east. Lands to the north have been developed for a range of commercial

and industrial uses while lands to the east are low density single family.

LEGAL DESCRIPTION OWNER APPROXIMATE AREA

Lot 1, Section 11, TownshiP 8,

ODYD, Plan 23048

Avanti lnvestments Ltd 5,307m2 (1.31ac)

Lot 4, Section 11, TownshiP 8,

ODYD, Plan KAP68038 ExcePt Plans

EPP56407 and EPP70680

Avanti lnvestments Ltd. 34,513m2 (8.53ac)

Lot 5, Section 11, TownshiP 8,

ODYD, Plan KAP68038 ExcePt Plans

KAP71859 and EPP70680

Avanti lnvestments Ltd 66,990m2 (16.55ac)

Page 1

1.2 OFFICIAL COMMUNITY PLAN CONTEXT

The current City of Vernon Official Community Plan 2013, By;law #5470 (OCP) indicates residential and

commercial development potential for the subject properties with park space adjacent to BX Creek and on the knoll

on Lot 5 as shown in Figure I below.

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clmffmffimmmM-fr+H3l

OFFICIAL COMMUNITY PLAN LEGEND - LOT 4

c0LouR FUTURE I}ND USE EXISTINGAREA FOR LOT 4

ocP-ccoM, mlil,ttFllTY coi&ERclr[ 33{

T OCP.FMD,RESIDENTIAL MEDUMDENSITY

33,065

OCP,PARK, PAMS & OPEN SPACE 5,339

OCP,RL'RESIDENIIAL LOWDENSITY

Figure 1.0 - Current OGP maPPing

The entire site has been designated for development of either medium density multiple family residential (RMD) or

community commercial (CCOM) uses with park designation adjacent to BX Creek and the top of the knoll, Lot l,plan KAp23048, PID: 006-582-940, shown in yellow hatch, was within the RDNO and therefore currently has an

RDNO -RES designation.

Page 2

2 PROPOSED DEVELOPMENTAn application has been made to amend the OCP for these properties, OCP00085. The intent is to modiff the current

desijnation by increasing the residential development permitted. The proposed higher density residential meets the

houJng needs in the City by providing a range of housing types with more attainable housing forms. The

topogra"phy of the majoritytf the landi bettei lends itself to residential uses as these minimize grading necessary for

development.

The majority of the site is currently zoned Agricultural Small Holdings - ,{2 with RDNO Low density residential for

Lot I and a small area of R4 off Lefoy Road. Proposed rezoning currently underway (2oN00363) is consistent with

the proposed amendment of tne OCf, providing arange of residential uses including R4, R5, RHI and RH2.

Commircial zoning proposed is C5 and Cl1. Specific zoning proposed for each lot is covered in greater detail in

Section 3.3.I of this report.

Subdivision of the lands is cunently in progress (SUB0007S5). The intention is to ultimately create multiple

development lots and one park ptop"rty. The development of the site will be phased with road dedication provided

at zoningand construction of road woiks and servicing, necessary to support each phase of development, at the time

of subdivision.

The site is over 26 acresand development beyond the OCP amendment and rezoning will proceed in logical phases

as demonstrated in this rePort.

2.1.1 PHASED APPROACH

The development of the Anderson Ranch lands will occur in multiple phases, each of which has specific related road

works and iervicing necessary to support development ofeach phase. Based on the road and servicing works

required for development the site canbe split into five distinct phases of required works as shown in the table below.

Phase Location Lots Works Required

One East of BX Creek, south

of 20th Street

A, C, Dl and D2 20th Street to Road A

Road A including sanitary and watermains to 20th Street

Drainage pond offRoad A

Two Off Lefoy Road E Cul-de-sac off Lefoy Road

Water, sanitary and storm from Phase I

Three West of 20th Streetbefore BX Creek

N All works done as part of Phase I

Four Off Road B J Construction of Road B including allmains and services to City boundary.

Five Between PV Rd and RdAIB intersection with20th Street

F,G,H,K,LANdM Completion of 20th Street to PV Road

including all mains and services.

Table 2.0: Proposed Development Phases

Page 3

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Figure 2.0: Phases

phase One development is proposed for the area between 58th Avenue on the south, the extension of 20th Street on

the north and BX -Creek

on-the,west as shown on Figure 2 below. This phase will consist of the creation of four lots

(Lots A, C, Dl and D2) for multiple family residential use, a local road (Road A) providing access and services to

ih" p.opor.d four lots, un "rn"rg"n"y

access from the end of Road A to 58th Avenue, completion of 20th Street as a

twoway collector road to the intersection with Road A and the appropriate environmental protection of the BX

Creek Corridor.

Page 4

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Figure 2.1: Phase One - East of BX Creek, south of 20th Street

2,1.2 ROAD NETWORK DELIVERY

previous development applications have determined that the 20th Street road ROW all the way to Pleasant Valley

Road is required- to be didicated with the completion of the previous ocP amendment applications. The alignment

and profiladrawings for the dedication of 20th Street to PV Road have been prepared following discussion with City

administration and will be submitted with a formal application process.

This extension of 20,h Street has a variefy of adjacent land use designations, including park, residential and

commercial. As a result, more than on. t1p" oftypical cross section will be applied during the detailed design as

necessary and as supported by the City over its entire length. While rural road cross sections are permitted, a

transition between urban and'rural is iequile,J to provide a gndual changc. The north end of 20'h Street was built as

an urban section road, however at the .nd ofth" 20th Street extension all roads there and beyond, including PV

Road, are rural road.

The design for 20th Street intends to transition from the urban to a rural road cross section. All cross sections will

meet the-City of Vemon SDSB #3843 Schedule A for a collector road, providing two 3.25m wide travel lanes and

two l.5m paved shoulders/bike lanes. Rather than a concrete sidewalk, a 3m wide paved path is proposed on 20'h

Street to piovide pedestrian connectivity through the site and to all adjacent parks, trails and destination points' The

"ror.-r""iion is piovided in Figure 2.2below slo*s a typical collector road to City standards which can easily

accommodate a 3m wide pede.itrian facility as an altemative to a sidewalk. This illustrates that road dedication to

City standards is more than adequate. Changes to the typical section to accommodate changes in adjacent land use

while still retaining all facilities will be verffied in the future as part of detailed submissions for subdivision and

construction.

Page 5

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1

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Figure 2.2: Typical Urban Collector Cross Section

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3.25mTRAVEL LANE

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3.25mTMVEL LANE

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Figure 2.3: Typical Rural Local Cross Section

phase One road construction consists of 20th Street, north across BX Creek and Road A complete with an emergency

access to 5g,h Avenue. A temporary tum around will be provided in the 20th Street road Row just east of the Road

A intersection. The one *uy u"".ri road from the north, up to the new 20th Street, will be retained as is for Phase

one. The one way road wili be removed upon development of Lot J or H that will provide construction of Road B.

The emergency access and Road A will contain a multi use trail to provide north/south connectivity on the east side

oisx c.J"t from 5gft Avenue to 20th Sheet. A road reserve will be provided south of the end of Road A to enable

the developer oflands south ofLot D2 to extend Road A to provide frontage when they are ready to develop.

Construction of 20th Street between the new intersection with Road A, to PV Road would be triggered by any furthcr

dwelopment approvals of proposed Lots F. G, J, K, L or M as identihed in the Phasing Plan (Table 2.0 and Figure

2.0). Depending on development activity on the noted lots it is proposed to construct this section of 20th Street in

ptrases u, p..-itt"d in SpSB #3843 Schedule B starting with at least a lane standard. Upgrades will be completed as

part ofdevelopment approval oflands adjacent, subject to provision ofconsistency offunction through this section

of 20th Street.

20th Street has been identified as DCC transportation project TR25 in the current City of Vemon DCC Bylaw#5233

and construction by the developer verified costs for construction will qualiff for DCC transportation credits which

may be utilized as part of building permit approvals.

Page 6

2. 1 .3 STORM DRAINAGF I/VFRASTRUCTURE DELIVERY

The proposed development drains towards BX Creek with no existing City storm infrastructure downstream, other

than culverts installed by MoTI (with the exception of Lot N). Therefore, this development will not add appreciably

to existing City drainagi facilities. The site has two drainage catchment areas (each less than l0 ha) and drainage

design wil[ as close as possible, retain post development flows within each of those areas. Overall site storm

manigement will follow the City of Vernon SDSB #3843 Schedule F. This includes retention of small rainfall (Tier

A) evints onsite, detention of intermediate (Tier B) events and routing of extreme (Tier C) events. Retention will be

in the form of onsite recharge of the first l0mm, subject to soil conditions on each lot which will be confirmed at the

time of subdivision or build]ng permit, as applicable. If onsite retention is not possible, additional detention will be

provided. Detention for the siti will be provided in two areas upstream of BX Creek consistent with the two

drainage catchment areas. Major event iouting will, as much as possible be consistent with predevelopment routing'

figure-2.+ shows predevelopment flow routing. Figure 2.5 identifies the two drainage catchments, proposed location

of detention structures and major event routes. The Rational Method will be used to generate conservative peak flow

estimates as per SDSB #3843 Sched F 2.01.

Figure 2.4: Pre-Development Stormwator Management Flow Path

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Page 7

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Figure 2.5: Post Development Stormwater Management Flow Palh

The stormwater management approach for Phase One, which captures lots A, C, Dl, D2, also provides for proposed

Lot E (which is part oiPhase Two). Each lot is to manage the first l0mm of rainwater onsite, subject to detailed

confirmation ofioit conditions at the time of each respective building permit submission. The remaining amount

wilt be handled by the overall site stormwater nanagement systems.

The overall site stormwater management for Phase One (and Lot E) is as follows: A detention pond will be

constructed at the north-east cornJr of20'h Street and Road A intersection on proposed Lot J. This detention pond

will be sized for the full buildout of the site (excluding Lots A and C). There will be an outlet orifice at the storm

pond to control the amount of stormwater release to the I :5yr predevelopment flow rate.The design also accounts for

and allows upland flow from lands to the east to pass through to BX Creek'

For Lot E, the stormwater flows beyond lOmm will be directed (ditched/piped) ) down between Lots Dl and D2 and

discharging into Road A's drainage system and on to the storm pond on Lot A and C property line. Lot Dl and D2

stormw"atei, beyond l0mm, will bi discharged to Road 'A's' drainage system south of the highpoint, south around

the cul-de-sac, down Lot A and C to a holding structure before being released to BX Creek. Sirtue Lt-rts A and C arc

next to BX Creek, their full stomwater will be managed together by creating a detention structure to collect the

stormwater and discharge to BX Creek atthe l'.2 year predevelopment flow rate.

The remaining development will be handled by the same approach in Phase One, in that each lot will be responsible

for managing the first 10mm and the rest will be handled in the stormwater detention pond on Lot J. Lot N willprovide o"nsite detention in a tank and connect to the existing City system in 20th Street for storm beyond the first

l0mm.

2. 1 .4 SA/V/IARY SEWER //VFRASIR UCTU RE DELIVERY

For Phase One, which includes Lot A, C, D l, and D2, the existing 250mm diameter PVC sanitary sewer at 58th

Avenue will be extended along Road A through to the 20th Street -Road A and B intersection. At the intersection

stubs to the north and east wilibe provided terminating outside of the intersection . Each lot in Phase one will be

gravity feed to the downstream (south) side of each lot. A 200mm diameter PVC sanitary sewer lateral will be

extended from Road A, north in a SROW along the common Lot Dl andD2 property line and terminate at Lot E to

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Page B

service future Lot E. A SRow is proposed along the south side of Lot E to enable future extension of the sanitary to

Lefoy Road, by others, if needed in future.

The 250mm Sanitary sewer main will be extended east along 20th Street in future phases as required to service each

additional phase.

2,1 .5 WATER /NFRASIR UCTURE DELIVERY

The existing 300mm diameter watermain at 58th Avenue will be extended through the emergency access road and

Road A, thriugh to the 20th Street - Road A and B intersection where it will tee off to the north and east along 20th

Street, with boih stubs terminating outside of the intersection. A loop may (based on RDNO modelling) be needed in

phase One to ensure adequate fire protection. This will be achieved by teeing off Road A's watermain at the Lot Dl

andD2common properti line, running a 200mm diameter PVC watermain in a SROW east through Lot E and

Lefoy Road, and iieing into the existing 250mm AC watermain that runs along PV Road.

For future phases, the water system will be extended as needed to service those phases. This includes north to the

existing ,yrt"- in the Highway 97 frontage road as part of development of Lot J and to PV Road as part of the 20th

Street Jonstruction beyonld thsRoad A iniersection. Depending on feedback from RDNo the proposed extension to

and through Lot E may be abandoned in favor of installation of the water main in 20th Street to PV road as part of

Phase one. Lot E would then be serviced with a stub from PV Road in Lefoy Road.

2,1.6 PARKS AND TRAIL DELIVERY

The overall park and trails network has been identified for the overall development and confirmed as part of the

OCp and ,oning approval process. At this time atotal of S%opark dedication is proposed. The specific components

will be addressed as.equlia with each development phase. It is proposed that with each phase the adjacent park or

trail component be designed and secured by appropriate mechanisms - either by Statutory Right of Way or by

dedication.

The following table provides the allocated park and trail / SRW proposed by Avanti Invesffnents. The areas are

based on the following:

1. Recommendations from the environmental assessment;

2. Bylaw requirements

3. Previous agreements with the City of Vemon and RDNO (see Appendix l);

4. Efficient servicing design, and

5. Achieve the greatest level of connectivity for future and existing adjacent residents

based on the above in addition to proposed zoning and probable housing forms.

Page 9

Commentso/oParkArea (m2lAecw)Lot

5,307m2 (1.31ac)I

From agreement9.63,314m2 (0.82ac)340513m2(8.53ac)

4

L1751m2JL19ac)66,J99m2(l655ac)

5

4,065m2 (0.82ac)TOTALAREA

Area of Knoll to beDedicated for Soh

Park= 1,275.5m2(0.32ac)

Remaining area ofKnoll

9,686.5m2

Q.39ac)

ADD'T PARKAREAREQ'I)

Park Dedication

3.8

From agreement

Need 57o of thetotal area to park

106,810m2(26.39ac)

A.rea of Knoll =

10,962m2

Q.7lac)

Table 2.1: Parks and SROW Dedications

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Figure 2.6: Parks Trail MaP

Page 1 0

2,'.6.1 BX CREER

The owner has previously granted Statutory Right of Ways to both the City of Vemon and RDNO for trail

development albng BX irJ"t 1."f.. to Appendix l). Construction of the one way road from the frontage road

south tt 20,h Streei resulted in trail works on the east side of the road works being abandoned and a temporary

trail installed on the west to provide connectivity to the trail works north being retained as per discussions

between MoTI, the City and RDNO Parks.

Existing SROWs, road and park dedication enable options to local govemments to establish a trail network

within ihe granted Right of Ways on either side of BX Creek throughout the Anderson Ranch lands. At this time

it is assumed that a w;lkway trail will be constructed on the east side of the Phase One 20th Street construction

from the existing end of 20fr Street to the intersection with Road A. A pedestrian crossing will be installed at the

intersection to enable trail users to cross 20'h Street to the existing trail system north ofthis point. The

temporary trail on the west side of 20th Street will be closed once the works on the west side have been

completei. A pedestrian system will also be provided in Road A from 58'h Avenue to the intersection at 20th

Street to p.ouid" options for routing and looping by residents ofthe area. Ultimately an offset trail, rather than a

sidewalk will be initalled in 20th S;eet from the intersection to PV Road. Connection to the park on the knoll

will be provided by a trail in the Park north of Lot D and E. A SROW is also proposed to provide public access

between Lefoy Road and knoll park. Phase One development will further protect the most recently established

maximum Riparian Setback (SPEA) of 16.53m on the east side of BX Creek as a Restrictive Covenant Area. No

fuither land didications nor Statutory Right of Ways are contemplated adjacent to BX Creek' Furthermore, as

per previous agreements (see Appendix i; *ittt the Cify of Vernon and RDNO, the previously granted right of

ways along Bi Creek will count towards the overall required for 5Vo land dedication to park use.

?

a

It

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Figure 2,7 - Riparian Setback, established byTriton

Page 1 1

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Page 12

2.1.6.2 HILLTOP PARK

There is an existing Statutory Right of Way for public access to the hilltop feature in the central portion of the site'

The SRW includes a circuitous link back to BX Creek. The development plan proposes to replace the existing SRW

with a park and trail plan which will increase the size of the hilltop park and connect it to Road A with a trail

connectivity to LeFoy Road and 20th Street as shown below.

PtEqSA Nr vAUEy ROAD

oEb

Figure 2.9: Enlarged view of knoll

The Hilltop park could be expanded to include all of the Environmentally Sensitive areas identified by Triton

Environmental in their 2020 reportas shown in Figure 2.7.Tltis is subject to provision of Parks DCC credits for

lands in excess of5%o. Ifnot included those identified sensitive areas will be protected by covenant on title ofthe

adjacent lots. The Hilltop Park provides a comprehensive, logical community park which is not segmented or

infringed upon by development. The trail connecting the park to Road A follows an existing farm access road which

is both logical and prevents further trail constnrction in the Environmentally Sensitive Area. There will also be a

trail connection into the small lot subdivision at the end of LeFoy Road (provided as part of development of Lot E)

to provide pedestrian access to the southeast. A l.5m wide SROW can also be provided along the east side oflot F'

south from 20th Street to the park that would enable a north-south walkway in future, subject to an equal SROW

being acquired in the future by RDNO from the adjacent lots.

PRK PROPOSED TMILS

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Page 1 3

3 MASTER PLAN

3.1 SITE ATTRIBUTES

The existing site lies generally east of BX Creek except for Lot N which lies west of the existing 20th Street

alignment. the site is characterised by a lower bench parallel to BX Creek which has been partially graded inpre'paration for development (under iity Soit Removal and Deposition Permit SRD 55). The site rises significantly

io t-he east with moderate sloping benches in the vicinity of Lots E and F. The areas shown as Park in the central

portion of the site are a localised steep sided knoll. The northem portion of the site includes moderately sloped land

from Pleasant Valley Road down towards the proposed Road B alignment.

Outside of the BX Creek Riparian Management Area, the entire site is sparsely vegetated with disturbed grasslands

typical oflands that have ceased agricultural uses. Other portions ofthe site have been disturbed by previous farm

buildings that have since been removed.

3.2 KEY CONSTRAINTS

3.2.1 BX CREEK ENVIRONMENTAL

Triton Environmental Consultants completed an Environmental Assessment Report regarding BX Creek which was

submitted to the province on Novemb er 3,2020. The full assessment can be found in Appendix 2 and Appendix 4

for the Riparian Areas Protection Regulation Assessment Report. The general conclusion of the assessment was to

identify ahaximum 16.53m wide SPEA (shown as Riparian Setback in plans) along the east bank of BX Creek as

shown in Figure 3 below:

Page 14

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Figure 2: Riparian Setback' 16.53m

Section 4 ofthe report specifically addresses protection measures and Section 5 describes the environmental

monitoring required by iriton to ensure the protection measures are being met and best practices are being

implemenfud. these sections will be adhered to as part of future development of the site and include specific works

foreach lot as part ofdevelopment there based on what is proposed onsite.

3.2.2 UNNAMED EAST TO WEST DRAINAGE CORRIDOR

There is a minor drainage corridor that flows in an east to west route from the back of adjacent properties onpleasant Valley Road liest towards BX Creek. The future 20th Street extension crosses the western part of this

corridor and then mns parallel to this drainage corridor. Triton Environmental Consultants is preparing a Section I Iprovincial Authorisation to enable crossing the drainage channel with the 20th Street extension' This will be

provided to the City for comment once completed. As a City road, City participation may be neccssary for

completion of the final application and/or approval by the Province. The drainage channel will ultimately be directed

to a Storm Water Retention pond located intiie northeast quadrant of the proposed new intersection of 20th Street

and Roads "A" and "8". It i; anticipated that at least one ifnot two crossings ofthe drainage corridor for private

access driveways may be required for ucces. to Lots F and G. There is the potential that the development of Lots F

and G could boconsolidated into one site thereby needing only one additional crossing ofthe drainage corridor'

3,2.3 IERRESIR IAL ENVIRONMENTAL

Triton Environmental Consultants completed a revised Environmentally Sensitive Area Assessment in November

2020 for theentire site. The full report ian be found in Appendix 2. The conclusion of the report was that, outside ofthe BX Creek Riparian Management Areas, the only area that required environmental protection was the steep sided

knoll in the central portion ofthe property (Figure 3' l).

Page 1 5

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**rw#rdhcg+o-M F.d-r4trhtrtffiB.r{.'rrFnr}ilr t+b,*rH.fd4du-r**rrl*,i,*firnt{!uqg*rrytwtru,.fi:lt

Figure 3.1: Triton's ESA map with recommended boundary revision for the Hillside Park

The entire ESA on the sides of the knoll has been incorporated into the master plan and is shown as potential

increased park area. This Hillside Park will be dedicated to the City with Phase Two of the development plan.

Section 3.4 of the Triton report specifically addressed mitigation and protection measures utilising both specific and

best practice measures. Seclion 3.5 of the report addresses Triton's required environmental monitoring commitments

as the site is developed. These sections will be adhered to as part of future development in the area and include

specific works for each lot as part of development based on what is proposed onsite

3.2.4 ARCHAEOLOGICAL

Ursus Heritage Consulting prepared an Archaeological Overview Assessment (AOA) and Preliminary Field

Reconnaissance (PFR) report dated September 25,2020. The entire report can be found in Appendix 3.

The AOA is required as part of the Ministry of Transportation and Infrastructure (MoTI) application for subdivision

for Anderson Ranch by Avanti Investments. The AOA/PFR is concemed with the identification of archaeological

potential and archaeollgical sites within the identified AOA study area and in relation to the assessed property.

Based on the results of the AOA/PFR, one (l) previously identified archaeological site and five (5) areas ofarchaeological potential were located within the development. As a result, any development within the identified

portion ofthe property that includes ground disturbance should be subject to an archaeological impact assessment

iefe;. e" AIA requiies a Heritage Inspection Permit issued by the Archaelogy Branch. Depending on the results ofin" ele, additionai work may be requiied, including avoidance, salvage excavations or appropriate monitoring' The

location of the sites can be shared with the City but will not be included in any application to protect those areas'

Page 1 6

3.3 PROPOSED LAND USE PLAN

3.3.1 PROPOSED ZONING

The zoning proposed for the site is shown in Figure 3.2 andTable 3.0. Zoningin Phase One is consistent with the

ocr ptanin thut tot, A and C, next to BX Creek will be zoned RHI for low-rise apartment residential. Lots Dl and

oz wirich are situated east of Road 'A' will be zoned RH2 introducing stacked row housing residential to the area'

Based on the density map provided below, Lots A, C, Dl, andD2 the probable unit count is considerably lower than

allowable unit count noted in both the OCP and Zoning bylaws.

Table 3.0: Land Use (Bold outline is for Phase 1)

DENSITY PER LOT

LOTZOTIINGLOT AREA {#rARC)t9RH2mlt0.68ac)

ral4,4 5 1511.400#t0.35e) RHll:,284m?{219ilic U e74m?t] 63*l20RH2 44.54.919mrtt.2acl 9lfm;i0.2ac)si 1.!4#i12&)2A4\.5 35RH23,1Sn: S./9i.) 1 400n:10.35ac)

D2 3 186m? i0 73a.)

t9RIi1 trciF

3030.5 5I9S#t0.2acj Rript242m: ri.$ac)F L56iD:l1.87aci60dt5 87*25,419n: {i g'c) 1.400m't0 l5dc,

G 7,!2]m: i i 96acl

FLOORAREA'I1O#FLCOR MEA: 7,864n:c1 FA I i.83,173n: g 78ac) 1 .{00 n: 0.ltac}4,3ss'{1.00ic)H

50 cfimu{rs1.19{o:coilllERcta rND 1ON#COMICRCIA! A\I

30 coN0o lJllTsC59,609mi12.i76c} lllAx F.S.R 2.0960-qd?i2.liaci

J

41 40FH2 44.'t 400n:10 356c)37otn'?i0.92actK

22 1130.59ftmri0.2ac) Rr028ISn: t0.7hc)287&.:10.7:aci

1012 1070!m:0.17x)l

t40fr'{0.l7ac) TCORMRr0Ti

R51514m? t0 87ac]M 3Jrl#r0.07ac)

n offiAREA:1 &0o:FAR 18 FlOs AREA:7,29&r:1,10rn: (0.3taci cti4.053*'{1 0&")N

A]4 88m? {0. I 2a.}

AJ19r03n'?10!7e)oA3

R 1 .691n' t0 42ic)

PARK

Page 17

I

F

r__ La

Y(. v"?LtnSOER$N RANCH

*D!

r\\ll

Figure 3.2: Lot DensitY MaP

Future phasing will be consistent with the OCP upon completion of OCP0085 which has medium-density residential

east of Road .A' and south of 20th Street, incorporating RH2 and R4 lot zoning. on the north-side of 20th Street, east

and west of Road B lands will be zoned commercial (Lots H and J in the above figure). OCP0085 will change

portions of the OCP community commercial designated lands to residential so that they may be rezoned to RH2

iStacked Row Housing Residential) - lots K and L - and R5 Fourplex Housing Residental moving closer to Pleasant

Valley Road, Lot M.

3.3,2 GRAD//VG APPROACH

Generally, the grading approach in Phase One is to work with the natural topography of the land and increase in

elevation -ouiig u*uy irbtn BX Creek. Lots A and C pads are flat and theil elevation is sitting above thc l:200 year

flooc1 elevation nlgx Creek, as well. both lots are situated below Road 'A' which will provide a descent from the

Road down to each site. Road 'A' climbs for the first 82.0m south from 20th Street then grades gradually down to

58,h Avenue. Lots Dl arrdD2 are accessible from Road 'A' with minor ascent or descent into the lots. Lot D1 and

D2 pads will be flat with an eastern cut slope to Lot E or private property, see Figure 3.3 below of conceptual

gruding. Detailed grading design following the conceptual plan be provided as part of engineering plan submissions

for each phase.

Page 1 8

r+dg

Figure 3.3: Conceptual Grading Plan

Grading for future phases will be fairly consistent with Phase One with flat developmenVbuilding sites created

during iubdivision. Due to topography some lots will contain tiered benching. Grading plan beyond Phase One is

conceltual at this time and is subject to change in future phases when confirmed use and lot configuration are

determined during planning and detailed design of each lot to suit proposed onsite construction' At the time ofadjacent road ,on-rttu"tio.riccess to each lot will be shown in the detailed design plans and a comprehensive grading

plans for those adjacent lots will be part of the submission for City approval. As noted additional site grading at the

lime of building permit may be undertaken as part of each lot development.

3.3.3 BUILD;NG FORM AND DEVELOPMENT OPPORTUN|nES GITE BY SITE)

Thc following section highlights the conceptual development opporhrnity presented on each site based on the

proposed zoning,in addition to identifuing road access option(s) and servicing.

Page 1 9

LOT A

Zoning: RHI Low-Rise Apartment Residential

Maximum Units: 5l (not adjusted for Riparian Setback)

Maximum Site Coverage : 65Vo, with impermeable surfaces, 85olo

Maximum Building Height: 16.5m or 4.5 storeys

Preferred Access: 58th Avenue and Road 'A'

Servicing: Water and Sanitary service connections will be at the downstream side of the lot, closest to 58th avenue'

Stormwalter will be collected on-site and detented in a shared structure before being released to BX Creek'

ililPOTENTIAL

SITE ACCESS

\

POTENTIAL

SERVICE LOCATION

___16

6

€)

t

l-

--'-- - Bx CREEK

LOT A

00

-atQ--rr

16 53m RIPARIAN SETBACK

2OTH STREET

J

[rJ3ztu

-F@lo{

- f

a- --

Page 20

LOT C

Zoring: RHl Low-Rise Apartrnent Residential

Maximum Units: 163 (not adjusted for Riparian Setback)

Maximum Site Coverage'. 65%o, with impermeable surfaces, 8 5 0%

Maximum Building Height: 16.5m or 4.5 storeys

Preferred Access: 20th Street and Road 'A'

Servicing: Water and Sanitary service connections will be at the down-stream side of the lot, closest to Lot A

property-line. Stormwater wilibe collected on-site and detented in a shared structure before being released to BX

Creek.

POTENlIALSIIE ACCESS

POTENTIAL

SERVICE LOCATION

\

?o.,+a-tto-r1-O

----"4--.n -l16.53m RIPARIAN SETBACK

BX CREEK €- BX CREEK

.zOTH STREETI

LOT CIbTI CONSTRUCTION

EASE[4ENTS

--!-

Page 21

LOT D1

Zontng: RH2 Stacked Row Housing Residential

Maximum Units: 53

Maximum Site Coverage 650/o,with impermeable surfaces, 75olo

Maximum Building Heighc 16.5m or 4.5 storeys

Preferred Access: Road 'A'

Servicing: Water and Sanitary service connections will be at the downstream side of the lot, closest to LotD2prop".ty-lin". The first 1Omm tf stormwater will be handled on-site and the remaining will be released in the ditch

adjacent to Road 'A'.

1-

EXISTING PA'IH

SROW TO BE REli,OVED

PROPOSED

UTILI1IES TO LOT E

{POTENTIAL

SERVICE LOCATION

Ir

LOT D1---tI

PO]ENTNLSITE ACCESS

-* ROAD'A * *

Page 22

LOT D2

Zoning: RH2 Stacked Row Housing Residential

Maximum Units: 34

Maximum Site Coverage: 65Yo,with impermeable surfaces, 757o

Maximum Building Heighl 16.5m or 4.5 storeys

Preferred Access: Road 'A'

Servicing: Water and Sanitary service connections will be at the downstream side of the lot, closest to Cul De Sac

the first lOmm of stormwater will be handled on-site and the remaining will be released in the ditch adjacent to

Road'A'.

LOT D2ti-

POTENTIAL

SITE ACCESS1

POTENTIAL

SERVICE LOCATION

R A _r-

Page 23

LOT F

Zoring: R4 Small Lot Residential

Maximum Units: 20

Maximum Site Coverage: 40o/o,with impermeable surfaces, 50o%

Maximum Building Heighl 10.0 m or 2.5 storeys

Preferred Access: Lefoy Road

Servicing: Water and Sanitary service connections will come from Road 'A' then along Lot Dl and D2 property

lines. The first lOmm of stormwater will be handled on-site and the remaining will be released in ditch/piping

system down Lot Dl and Park property line to the north-side of the high-point in Road 'A' ditch so stormwater can

be managed in the detention pona at the northeast comer of Road A and B and 20th Street intersection.

gotr(}lLlu

SITE ACCESS

POTENTIAL

SERVICE LOCATION

LOT E

--t

EXISTING PATH

SROW TO BE

REMOVED

I

I

Page 24

LOT F

Zoning: RH2 Stacked Row Housing Residential

Maximum Units: 82

Maximum Site Coverage : 65%o, withimpermeable zurfaces, 757o

Maximum Building Heighf 16.5m or 4.5 storeys

Preferred Access: 206 Street Extension

Servicing: Water and Sanitary service connections will be at the downstream side of the lot, closest to lot G

property"line. The first l0mm of stormwater will be handled on-site and the remaining will be released in the ditch

adjacent to 20rh Street.

POTENNAL

- JOINT SITE ACCESS

WTH LOT G

FulIJJEFq

FR

POTENTIALJOINT

SERVICE LOCATION

WTH LOT G Y\\ LOT G

LOT F

Page 25

LOT G

Zoning: RH2 Stacked Row Housing Residential

Maximum Units: 87

Maximum Site Coverage: 65%, with impermeable surfaces, 75%o

Maximum Building Height: l6'5m or 4.5 storeys

Preferred Access: 20th Street Extension

Servicing: Water and Sanitary service connections will be at the downstream side of the lot G. The first l0mm ofstormwater will be handled on-site and the remaining will be released in the ditch adjacent to 20th Street'

LOT FPOTENTIAL

JOINT S]TE ACCESS

WITH LOT F

'- -r

POTENTIAL JOINT

SERVICE LOCATIOH

WITH LOT F

:\

\/

I

\I

PARK

II

/

LOT G

Page 26

LOT H

Zoning: Cl1 Service Commercial

Maximum Floor Area: 7,884m2 based on 1.8 FAR

Maximum Site Coverage: 607o

Maximum Building Heighf 12.0m or 3.0 storeys

Preferred Access: 20th Street Extension and Road 'B'

Servicing: Water and Sanitary service connections will come straight off the centre of 20th Street and Road A and

B interse-ction, and come in toihe lot at the south-east comer. The first lOmm of stormwater will be handled on-site

and the remaining will be released into adjusted BX Creek'

\I

II-

\

POTENTIAL

SERVICE LOCATION

-

8, 16m W

el-POTENTIAL

SITE ACCESS

MOTI CONSTRUCTION

EASEMENTS

16.53m RIPARIAN SETBACK

LOT H

--EI-'F-- -\-

Page 27

LOT J

Zoting: C5 Community Commercial

Maximum Floor Area and Units: 1,394m2 commercial and 50 dwelling units

Maximum Site Coverage: 607o

Maximum Building Height 15.0m or 4'0 storeys

Preferred Access: 20th Street Extension and Road 'B'

Servicing: Water and Sanitary service connections will be at the downstream side of the lot, close to 20th Street and

Road A ind B intersection. The first l0mm of stormwater will be handled on-site and the remaining will be released

into the detention pond at the northeast comer of 20th Street and Road 'A' and 'B' intersection.

LOT J

IdoTI CONSTRUCTIONEASEil/ENTS

POTENTIAL

SITE ACCESS

POTENTIAL

ERVICE LOCATION\\ \

PARK

?a,.,/+

POTENflALSI]E ACCESS

POTENTIAL

DEIENTIONPOND

L.

16m

j

II

F' o.w.

Page 28

LOT K

Zoning: RH2 Stacked Row Housing Residential

Maximum Units: 40

Maximum Site Coverage: 65%, with impermeable surfaces, 757o

Maximum Building Height 16.5m or 4'5 storeys

Preferred Access: 20'h Street Extension

Servicing: Water and Sanitary service connections will be at the downstream side of the lot, close to lot J property

line. ThJfirst lomm of stormwater will be handled on-site and the remaining will be released in the ditch adjacent to

20th Street.

t

\POTENTIAL

SITE ACCESS

\:

POTENTIAL

SERVICE LOCATION

LOT K

I

Page 29

LOT L

Zoning: RH2 Stacked Row Housing Residential

Maximum Units: 2l

Maximum Site Coverage : 65Yo, with impermeable surfaces, 75olo

Maximum Building Height: 16.5m or 4.5 storeys

Preferred Access: 20s Street Extension

Servicing: Water and Sanitary service connections will be at the downstream side of the lot, close to lot K property

line. The first lOmm of stormwater will be handled on-site and the remaining will be released in the ditch adjacent to

20th Street.

--.tb.

POTENTIAL

SITE ACCE$$ '

POTENTIAT

SERVICE LOCATION

1-

i

\I

l

*fH

781

LOT L

Page 30

LOT M

Zoning R5 Fourplex Housing Residential

MaximumUnits: l0

Maximum Site Coverage : 40Yo, with impermeable surfaces, 50o%

Maximum Building Heighl 10.0m or 2.5 storeys

Preferred Access: 20th Street Extension and Pleasant Valley Road

Servicing: Water and Sanitary service connections will be at the downstream side of the lot, closes to lot L property

line. The-first lOmm of stormwater will be handled on-site and the remaining will be released in the ditch adjacent to

20th Street.

pffinnr-SITE ACCESS Jt

I PLEASAN T VALLEY ROAD

iuzHE@frrF-FX&ur

IrPOTENTIAL

SITE ACCESS

POTENTIAL

SERVICE LOCATION

LOT M

Page 31

LOT N

Zoning: C1l Service Commercial

Maximum Floor Area: 7,296m2 commercial

Maximum Site Coverage: 60olo

Maximum Building Height: 12.0m or 3.0 storeys

Access: 20th Street Extension

Servicing: Water and Sanitary service connections will be off existing mains in 20th Street The first l0mm ofstormwaier will be handled on-site and the remaining will be released into City system in 20th Street

l_

POIENTIALSITE ACCESS u.2orH STREET

POTENTIAL

SFRVICE LOCATIONfiiloTl CONSTRUCTION

EASE[,ENTS

ACCESS EASEMENTS

t;\

t:

LOT N

I

Page 32

4 CONCLUSION

This Master Development Plan expands upon the information in the City's North Vemon Neighbourhood Plan

providing certainty of intent regarding lan^d use, protection of natural and community features as well as phasing of

development. Weirust this report and appendices fulfill your requirements.

Should you have any further questions for the applicant, please contact us.

Page 33

Page 34

APPENDIX

APPENDIX

APPENDIX

A-7 RD/vo PARKLANDDEDICATIOIVAGREEMENT

REGIONAL DISTRIGT OF NORTH OKANAGANMEMBER MUNICIPALITIES:

CITY OF ARMSTRONGDISTRICT OF COLDSTREAMCITY OF ENDERBY

VILLAGE OF LUMBYTOWNSHIP OF SPALLUMCHEENCITY OF VERNON

ELECTORAL AREAS:

'8" _ SWAN LAKE.C'_ B.X. DISTRICT'D'_ LUMBY (RURAL)

"E" _ CHERRWILLE"F'_ ENDERBY (RURAL)

OFFICEOF: PARKS,RECREATIONANDCULTURE

May 19,2015

Avanti lnvestments Ltd.101-1865 Dilworth Drive, Box374Kelowna, BC VIY 9T1

Attention: Don Searle

Parkwood Retirement Resort Holding Corporation Ltd.

1277 Gordon DriveKelowna, BC V1Y4W4

Attention: Fraser Hall

OUR FILE No.: 6300-BXCreekFraserHall

City of Vernon3400-301h StreetVernon, BC V1T 5E6

Attention: Dale Rintoul

Re Letter of Agreement58'h Avenu6 Extension / Sale of portion of Lot 3, Plan KAP6803B, Sec 1 1, TP8, ODYD

(5601-2oth Street) to enable S8th Avenue Public road extension

Here is the ouline of our agreement with respect to preparation and execution of the various

legal documents and timing of the land title office registrations to conclude our agreement with

respect to your parkland dedication requirements under the applicable:

1. parkwood Retirement Resort Holding Corporation Ltd. (the "Developer") will enter into a

Development Agreement with the City of Vernon (the "Gity") in respect of the

construction of the proposed 58th Avenue bridge across BX Creek (the "Bridge"), with

the Bridge to be constructed in accordance with approved layout described in Appendix

A and B, with the Developer posting security in accordance with the City's Subdivision &

Servicing BYlaw; and

Regional District of North Okanagan9848 Aberdeen RoadColdstream, BC V1B 2Kg

Phone:Fax:Web:E-Mail:

250-550-3700250-550-370'[email protected]

2

File No.: 6300-BXCreekFraserHallDated: May 19,2015Page 2 of 4

On a concurrent basis, the following would be submitted for registration at the LTO:

(a) a road dedication plan whereby the Regional District of North Okanagan

("RDNO") dedicates road over that portion of Lot 3, Plan KAP68038 to west of

the Bridge as shown on APPendix G;

(b) a SRW granted by Avanti lnvestments Ltd. ("Avanti") in favour of RDNO as a

component of the BX Creek public pathway in Lots 4 and 5, Plan KAP6803B as

shown Appendix E, with the SRW terms as outlined and agreed between the

City and Avanti and which will form part of the 5% land dedication requirement of

Lots 4 and 5 under section 941 of the Locat Governmenf Acf (see note 3 below);

(c) a SRW in favour of RDNO as an additional component of the BX Creek public

pathway in Lot 5, Plan KAP68038 as shown Appendix F and having an

approximate area of 0.16 ha, and which will be purchased by RDNO from Avanti

on previously agreed terms and conditions; and

(d) a subdivision plan in respect of Lot 4, Plan KAP6803B and Lot 1, Plan 20768

which will:

(i) dedicate road as generally shown on Appendix A for that portion of 58th

Avenue from the road dedicated by RDNO (described in item 2(a) above)

across BX Creek to its end at the cul-de-sac with a connection to the

Rimer Road right-of-waY.

(ii) create a separate parcel for the area shown on Appendix D which will be

simultaneously transferred by the Developer to RDNO in exchange for the

RDNO land being dedicated as road (described in item 2(a) above); and

(iii) consolidate the then remaining portion of Lot 4, Plan KAP6803B lying to

the south of the newly dedicated portion of 58th Avenue with Lot 1, Plan

20768.

Please also note the following:

1. the terms of this letter agreement are binding on Avanti and the Developer despite the

fact that either of them may only have an option or some similar right to purchase some

or all of the lands described above;

2. the foregoing sets out the requirements of RDNO only; the Developer and Avanti must

also satisfy the requirements of the City;

3. the actual areas of the road dedications and SRWs will be confirmed by a BCLS,

working in conjunction with the parties and their advisors;

4. Avanti and the Developer acknowledge and agree the SRW to be granted in accordance

with item 2(b) will, upon registration of the plans and documents contemplated by this

File No.: 6300-BXGreekFraserHallDated: May 19,2015Paqe 3 of 4

5

6

7

8.

letter, will constitute more than 5% of the area of Lot 4 and that despite section 941 of

the Locat Government Act, after the registration of such plans and documents neither

RDNO nor the City will have any financial or other obligation to Avanti or the Developer,

or either of them, whatsoever if the Developer or Avanti, or either of them, cease

development, for any reason, of Lots 4 and 5 prior to such time as the area of the BX

Creek pubic pathway SRW granted in accordance with item 2(b) constitutes 5% of the

total area of the developed portion of Lots 4 and 5;

the SRW described in 2(b) and the separate parcel described in 2(dXii) must abut and

connect to the area dedicated as road as described in 2(dXi);

RDNO will be responsible for ltems 2 (a), (b) and (c), including the costs of preparation

and registration of survey plans and supporting documents;

the Developer will be responsible for ltems 1 and 2 (d), including the costs of preparation

and registration of survey plans and supporting documents;

despite the granting of the BX Creek public pathway SRW as described in this letter,

Avanti and the Developer (to be allocated amongst them as they shall agree) must pay

to the appropriate governmental authority all development cost charges as may be

payable in accordance with all applicable law;

terms of all SRW documents subject to approval of RDNO and City, acting reasonably

and using standard RDNO documentation where applicable; and

all documents are to be registered in priority to all financial charges.

I

10

REGIONAL DISTRICT OF NORTH OKANAGAN

Per:Authorized Signatory

We accept and agree to the foregoing terms and conditions set out in this letter, this -

day of

May,2015.

AVANTI INVESTMENTS LTD

Per:Authorized Signatory

File No.: 6300-BXGreekFraserHallDated: May 19,2015Page 4 of 4

PARKWOOD RETIREMENT RESORT LTD.

Per:Authorized Signatory

THE CORPORATION OF THE CITY OF VERNON

Per:Authorized Signatory

truly;

ith PinkoskiManager, Parks

CREEK LOCATION, BOUNDARY LOCATIONS AND

AREAS ARE SUBJECT TO A FIELD SURVEY.

PART REM LOT 5

\ (AREA : 6.6e ho)q

\,-t(4

>Y

*l

Jcf

FLILdv.FU)

_c

ON

STAKE SET (TYP)

PtAN

END VARIABLE WIDTH

BEGIN 8m WIDTH

KAP6BO3B

LOT 4(AREA : 3.8s hc)

PROPOSED SRW(0.314 ho) REM LOT 1

PLAN 18938

&o_

r)Fo

I

LOT 3PLAN4165

roT 4PLAN 4165

D

PLAN A9486

50 100

rO

FoJ

t!EFtI

150

ouR FILE: R9270SCALE: 1 : 2000DRAWN: RBDArE: 23 A 2015

RDNO

WILLIAM E. MADDOXB.C. LAND SURVEYOR

35()0 - 30ih STREETVERNON, B.C. V'IT sEA

TELEPHONE (2so)s42-434s

SKTTCH PLAN OF PROPOSED SRWOVIR PARTS OT LOTS 4 AND 5,PLAN KAP6BO3B, SfC 11, TP B, ODYD

92700T03

i

I

i.

a:

a

':t

a

i

a-

:a

a

:

a

.

i

!;

t

:

:

:'

APPENDIX

A-2 E/vvtRoNME/vrALLYSE/VS/TIVE AREAASSESSMENT

Anderson RonchEnvironmenfolly Sensitive Areo Assessment

Avonti Indusiries c/o Don SeorleUpdoted November 2020

TRITON

iriton env.comtel 250 542 1452#1 - 4600 29ih St., Vernon, BC VIT 589 |

Environmental Consultants

Anderson Ronch Updofed November 2020 November 2019

Discloimer

This report is rendered solely for the use of Avonti lndustries (the Client) in connection withthe ossessmeni completed ot 5975 Lefoy Rood ond 6141 Highwoy 97,Yernon. BC, ondno person moy rely on it for ony other purpose without Triton Environmentol ConsultontsLtd.'s (Triton) prior written opprovol. Should o third porty use this report without Triton's

opprovol, they moy not rely upon it. Triton occepts no responsibility for loss or domogessuffered by ony third porty os o result of decisions mode or octions token bosed on this

report.

This report is bosed on focts ond opinions contoined within the referenced documents,including the results of ony doto collection progroms corried out in relotion to this report.We hqve ottempted to identify ond consider focts ond documents relevont to the scopeof work, occurote os of the time period during which we conducted this onolysis.

However, the results. our opinions. or recommendotions moy chonge if new informotionbecomes ovoiloble or if informotion we hove relied on is oltered.

We opplied occepied professionol proctices ond stondords in developing ondinterpreting doto. While we used occepted professionol proctices in interpreting dotoprovided by Avonti lndustries or third-porty sources, we did not verify the occurocy of onysuch doto.

This report must be considered os o whole; selecting only portions of this report moy resultin o misleoding view of the results, our opinions, or recommendotions.

Environmenfol/y Sensifive Areo AssessmenlPrepored by Trifon Environmenlol Consu/fonls Ltd.

Poge ii

Anderson Ronch Updoled November 2020 November 2019

Discloimer

t.I1.2t.3t.4

3.5

4.0

1.0 Inlroduclion..................

TABTE OF CONTENTS

IIST OF FIGURES

Property (ESA outlined in yellow, remoinder of

developme;i

Bockground I nformationPurposeSife Descrpfion ..............,Use of ihe PropertY ........,

ii

II

I

I

I

I1.4.1 Historic Use...........

2.0 Bockground 1nformotion..................2.1 EnvironmentolDevelopmentDistrict2.2 SensitiveEcosystemRonkings..2.3 Sensifive EcosYsfem lnventory2.4 Terrestriol Ecosystem Mopping

2.4.1 Disturbed Grosslonds2.4.2 Sporsely Vegetoted

3.0 Field Assessmenl3.1 Field Visit..3.2 GenerolSiteDescription....'....3.3 ProposedESARevisions..............3.4 ESA Mitigotion ond Protection Recommendotions..

3.4.1 Proposed Works

3.4.2 Recommended Mitigotion

..8

..8

..8

..8

..9

..9

..9

Environmentol Monitoring

References...

Figure l. Project locotionFigure 2. Property overview..Figure 3. ESA (SER2) moPPed onProperty is considered SER3). .....'..

34

Figure 4. Recommended ESA boundory revision

Figure 5. Recommended ESA boundory ond proposed

..6

tl12

IIST OF APPENDICES

Appendix 1. PhotogroPhs

Environmenlolly Sensilive Areo AssessmenfPrepared by Triton Environmenfol Consu/tonts Ltd.

Poge iii

Anderson Ronch LJpdoted November 2020 November 2019

1.0 lnlroduclion

l.l Bockground lnformolion

Avonti lndustries (the Client) retoined Triton Environmentol Consultonts Ltd. (Triton) to

complete on ossessment of o designoted Environmentolly Sensitive Areo (ESA) of oproperty locoted ol 5975 Lefoy Rood ond 6141 Highwoy 97,Yernon, BC (the Property).

The originol report wos prepored in November 20l9 ond the report hos been updoted in

November 2020. Updotes to the report ore provided in red text.

1.2 Purpose

The City of Vernon's (the City) Officiol Community Plon (OCP) ond the Environmentol

Monogement Areo (EMA) Strotegy ond ossocioted guidelines ore meont to complimentprovinciol ond federol octs ond regulotions. Areos hove been designoted os

Developmeni Districts to bolonce the demonds of noturol oreo protection ond

development opportunities through opplicotion of Sensitive Ecosystem lnventory (SEl)

mopping to identify moderote ond high sensitive ecosystems ond noturol feotures, ond

clorify eipectotions for hobitot ossessments ond lond use requirements os port of the

development permit process. Sensitive tenestriol ecosystems hove been identified

through inventories commissioned by the City ond through portnerships with provinciol

ond federolinitioiives (City of Vernon, 2Ol2).

t.3 Sife DescnPfion

The properiy is locoted on the northern edge of the City of Vernon limits (Figure I )' The

property is occessed from the south by 56tn Avenue ond from the north by o Highwoy 97

frontoge rood. The site includes two odjoining properties;the current legoldescription for

ihe first lot is plon No. KAp68O38, Lot 5. The PID is 024-914-894. The current legol description

for the second lot is Plon No. KAP68038, Loi 4. The PID for the lot is024-914-886. The porcels

ore bounded to the eost by residentiol properties ond Pleosont Volley Rood, to the south

by sgtn Avenue. to the west by BX Creek ond 2Oth Street, ond to the north by resideniiol

ond commerciol properties (Figure 2). The Property is designoted Residentiol Medium

Density (RMD) in the OCP with o portion designoted os Pork- Pork ond Open Spoce.

t.4 Use of |he Properly

1.4.1 Historic Use

The property wos formerly known os Anderson Ronch. The oreo hos historicolly been used

for ogriculturol purposes including hoy, grozing, ond other form octivities. Bosed on oeriol

photogrophy severol buildings including o residence, borns, ond other form buildings

were on the Property. A riporion oreo regulotion (RAR) ossessment wos completed for theproperty in 20l 4for a previously proposed development on the west end of Lefoy Rood.

The streomside protection ond enhoncement oreo (SPEA) wos determined lo be 14.76

m from the high-woter mork (HWM) of BX Creek. The development wos not constructed.

A riporion oreo protection regulotion (RAPR) ossessment for the current development

D R AFT Enviro n m e nfol/y Sensifiv e Are a Assessmen IPrepared by Trifon Environmenfol Consu/fonls Lld.

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proposolwos completed ond submitted to the Province of BC on November 5, 2O20.IheSPEA wos determined to be

,l6.53 m from the HWM of BX Creek.

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Anderson Ronch

Figure l. Projecl locotion

DRAFI Environmenlolly Sensitive Areo AssessrnentPrepored by Triton Environmet fol Consulfonls Lfd.

tJpdoted November 2020 November 2019

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2.0 Bockground lnformolion

2.1 Environmental Developmen| Disfricf

To streomline the permitting process ond provide direction on implementotion of the EMA

Strotegy, the City hos identified three Development Districts in the OCP which ore

chorocierized by o different proportion of low, moderote, ond high sensitivity ecosystempolygons to reflect different levels of significonce for conservotion ond protection. The

Property is within Development District 2 (DD2l - Neighbourhood Development District.

DD2 includes estoblished neighbourhoods ond developed oreos of Vernon. These oreosprovide opportunities for neighbourhood enhoncement ond community developmentond contoin o limited number of environmentol chollenges. The city hos identified the

opportunity to protect, conserve. ond enhonce environmentolly significont feotures in

these oreos (City of Vernon, 2012).

2.2 Sensifive Ecosysfem Ronkings

The City's EMA strotegy identifies o three-closs roting system which ronks sensitivities of on

oreo from low to high. These ronkings were used to determine the Development Districts.

Eoch closs requires different levels of considerotion during development bosed on iheir

simplified Sensitive Ecosystem Ronkings (SER) volue. Green or low risk oreos (SER3) ore

considered previously disiurbed ond require the lowest level of conservotion ondprotection plonning but must olso occount for site specific conditions. These oreos consist

primorily of residentiol, urbon, ond industriol lond uses. Yellow or medium risk ronking(SER2) refleci oreos with moderote levels of disturbonce ond moderote sensitivity. While

theses oreos hove been oltered, they mointoin high volue to wildlife. Developmentproposols in these oreos ore required to consider conservotion, protection, ondmitigotion os port of the development permit opplicotion process. Red or high-risk

ronkings (SERI) reflect oreos with notive vegetotion ond minimol or no previous

disturbonce ond high sensitivity. These oreos ore locolly ond provinciolly significont

ecosystems thot provide hobitot or criticol importonce to rore wildlife species (City ofVernon, 2012).The mojority of the Property is ronked os Green (SER3) ond o portion of theproperiy is ronked os Yellow (SER2). The SER2-ronked oreo is considered on

environmentolly sensitive oreo (ESA) (Figure 3).

2.3 Sensifive Ecosysfem lnventory

The City's tiered system of EMAs is lorgely o reflection of the SEI works. The SEI for

Coldstreom - Vernon wos initioted in 2005 to provide inventory informotion on rore ondfrogile ecosystems for use in sustoinoble lond use ond development plonning. The SEI uses

Terrestriol Ecosysiem Mopping (TEM) ond modelling to identify ond predict ecosystems

of risk, which con then be used by vorious levels of government to oid in developmentplonning.

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*Source: DotoBC

DRA FI E nviro n m e nlolly Sensilive Areo Assessmen fPrepored by Triton Environmentol Consultonfs Lfd.

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2.4 lenesfriol Ecosysfem Mopping

Existing informotion on terrestriolecosystem mopping (TEM) ovoiloble through the SElond

DotoBC iMopBC mopping tool (DotoBC, 2019) were used to identify the clossificotion

ond chorocteristics of the sensitive oreos with the poientiol to occur within the Projeci

Areo ond ore further discussed in the following sections.

2.4.1 Disturbed Grosslonds

The first component ESA on the Property is clossified os disturbed grosslond (DotoBC,

2A1g). Grosslonds ore o sensitive ecosystem dominoted by bunchgrosses with scottered

forbs ond microbioiic crust. ln BC, grosslonds cover less thon 1% of the lond bose butprovide potentiol hobitot for obout one third of the threotened ond endongered species

found in the province (lverson, 2OO7). Often, grosslonds occur on medium ond finer

textured soils in oreos which ore too hot ond dry for forests to estoblish' Grosslonds

commonly occur on sites thot ore omenoble to ogriculturolor housing development ond

ore further threotened by overuse by domestic livestock. They ore sensitive to disturboncefrom off-rood ond recreotionol vehicle use which con leove lorge treod morks ond

disturbed oreos ollowing the opportunity for invosive species to estoblish foster thon

notive vegetotion (lverson, 2OO7). Grosslonds ore further sub-divided into three distinct

closses: grosslonds (grosslonds dominoied by bunchgrosses), disturbed (grosslonds

dominoted by non-notive plonts), or shrublond (grosslonds dominoted by shrubs).

Disturbed grosslonds ore grosslonds which were once intoct but exhibit o mixture ofnotive bunchgrosses ond forbs ond non-notive plonts (greoter thon 50% of totol plont

cover is comprised of non-notive plonts) (lverson,2O07l. Although in o disturbed stote,

they ore still ecologicolly importont becouse they provide importont hobitot for mony

species (including red- qnd blue-listed species found in grosslond ecosystems), provide

buffers for connectivity between other ecosystems, ond represent the best potentiol to

recover port of the extent of rore grosslond noturol plont communities in the Okonogon

{lverson, 2OO7). Disturbed grosslonds typicolly hove little to no shrub species present. Gross

ond forb species con include those commonly found in grosslonds ecosystems. lnvosive

species such os cheotgross (Bromus fecforum), diffuse knopweed (Cenfoureo diffuso),

ond sulphur cinquefoil (Potentilto recfa) ore common ihroughout (lverson,2007).

2.4.2 Sporsely Veoetoted

The second component ESA on the Property is clossified os sporsely vegetoted rock

outcrop (DotoBC, 2019). Sporsely vegetoted ecosystems ore defined os sites where rock

or tolus limits vegetotion estoblishment ond vegetoiion cover is interspersed by bedrockor blocks of rock. Rock outcrop ecosystems occur on oreos of exposed rock ihot hod

very litle soil development ond sporse vegetotion cover. Vegetotion cover typicolly

consists of potches of bunchgrosses. seloginello, ond scottered shrubs (lverson, 2007).

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3.0 Field Assessmenl

3. t Field Visif

A field visit wos completed on October 29,2019 to confirm findings of the desktop review

ond identify odditionol informotion. Photogrophs ore provided in Appendix '1.

3.2 Generql Sife DescriPfion

Severol of the form buildings were demolished prior to the field visit ond o portion of theproperty wos in o disturbed stote ot the time of the field visit. Silt fencing wos instolled

olong the previously determined SPEA ot BX Creek. The Ministry of Tronsportotion ond

lnfrosJructure (MOTI) built on extension of on existing Highwoy Frontoge Rood which

includes o culvert crossing of BX Creek odjocent io the northwest edge of the Property.

The Client cleored vegetotion ond stripped o portion of the Property eost of BX Creek

ond north of 58rh Avenue. Triton completed on ossessment ond bird nest survey of this

oreo on Augusi 13, 2019 prior to vegetotion cleoring. MOTI built o temporory occess rood

ond used the cleored oreo for temporory fill plocement during construction of the

Highwoy 92 Frontoge Rood extension. This fill will be siored ond used onsite once

development begins.

Overoll, the Property locks diverse vegetotion ond is dominoted with posture gross ond

non-notive species. The oreo identified os on ESA is ossocioted with o distinct knoll in the

centrol portion of the Property. The western portion of the ESA of the bose of the knoll hos

been disturbed ond previously included houses, yords, ond form buildings. There ore fewmoture trees in the ESA except for two lorge willow trees of the bose of the knollwhich

were most likely in the yord of the residentiol building which wos demolished prior to the

site visit. An old recreotionol vehicle troil runs olong the southern edge of the knoll ond

connects Lefoy Rood to ihe MOTI extension of the Highwoy Frontoge Rood. Areos

odjocent to the recreotionol troil ore disturbed ond overgrown with non-notive plont

species including knopweed (Centoureo sp.),skeletonweed (Chondrilla iuncea), lomb'squorters (Chenopodium otbum), Conodion thistle (Crrsium orvense), white sweet clover(Meli/ofus olbus), ond olfolfo. There ore few shrubs on the Property with on exception ofo steep oreo on the north edge of the knoll. Dominote notive shrub species ossocioted

with the slope include red-osier clogwood (Cornus sericeo), Soskotoon (Amelonchier

alnifolio) snowberry , gymphoricorpos olbus), Oregon grope (Mcthonio oquifolium), ond

howthorne {Crofoegus Monogyno). The slope of the knolldrops steeply from the top ond

then groduolly flottens on the southern ond northern sides. An old wire fence delineotes

the edge of the steep slope. There ore signs of previous disturbonce ond coverwos noted

os uniform with posture gross ond non-notive vegetotion north ond south of the knoll'

3.3 Proposed ESA Revisions

The Client requested recommendotions be put forword to the City regording o re-

configurotion of the ESA on the Property which is reflective of current conditions. Due to

signs of prior disturbonce (locotion of previous buildings ond MOTI working in the oreo)

ond dominonce of non-notive vegetotion species of the bose of the knoll, it is

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recommended to remove these oreos from ihe ESA. The oreo proposed for removolfromthe ESA includes houses, yords, ond form buildings thot hove been on the Property forover 70 yeors. The sporsely vegetoted rock outcrop ecosystem wos confirmed on thenorthern edge of the knoll ond should remoin in the ESA (Figure 4). The cunent oreo ofthe ESA is opproximotely I 7,800 m2 ond the recommended ESA would be reduced to ototol oreo of opproximotely I 1,200 m2.

An unnomed ephemerol creek is locoted opproximotely 50 m north of the knoll. ltoriginotes upslope of the Property ond runs in on eost-west direction ond connects withBX Creek downstreom. This droinoge should be ossessed prior to ony development in this

oreo.

3.4 ESA Mitigolion ond Proleclion Recommendofions

3.4.1 Prooosed Works

The Clieni is submitting on cpplicotion for rezoning ond subdivision of the Property to theCity. The developoble port of the Property is confined by steep slopes ossocioted withthe knoll, existing ond proposed rights-of-woy, the SPEA ossocioted with BX Creek, ondexisting ond proposed City of Vernon pork eosements. As port of the overolldevelopment, o rood is proposed to be built on the western edge of the ESA. Apedestrion troil is proposed on the eostern edge of the ESA.

3.4.2 Recommended Mitiqotion

The ESA should be fenced to prevent encroochment during development. This wouldprotect the rock outcrop oreo on the western side ond provide opportunities for futureenhoncement of the steep slopes of the knoll ond ihe upper portion of the ESA. The

edges to the south, southwest, ond wesi of the ESA show signs of previous disturbonceond vegetotion is dominoted by invosive weed species. A buffer oreo on the eost sideof the proposed rood ond the pedestrion troil odjocent to the ESA should becompensoted with notive gross seed ond plontings of notive shrubs ond trees toencouroge the estoblishment of notive vegetotion. Additionol generol mitigotionmeosures io implement during develop in the vicinity of the ESA include, but ore notlimited to. the following:

r Reioin os much existing vegetotion os possible by implcmcnting thc following' meosures during construciion:

o Minimize cleoring for equipment occess ond storoge;

o Minimize the quontiiies ond durotion of on-siie moteriol storoge (e.9. soil

ond oggregote stockpiling) ond limit to previously disturbed oreos; ond

o Physicolly mork the boundories of construction to ensure vegetoted oreosore not unnecessorily cleored.

o Mointoin (e.g.. woter) seeded ond plonted oreos to ossist vegetotion in becomingwell estoblished, ond moximize the effectiveness of the vegetotion os on erosioncontrol method.

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a

Schedule seeding ond ploniing octivities to moximize the opportuniiy forvegetotion to become estoblished before the end of the growing seoson.

Spill contoinment kits should be onsite ond on eoch piece of equipment onsiie

during construction;

Work site will be mointoined in o cleon stote; oil contoiners, cons, greose, tubes,

rogs. etc. ond ony other moteriol or pockoging will be removed from the work

oreo to on opproved disposol locotion immediotely on completion of servicing;

All equipment used in ond oround the development must be weed free tominimize the tronsport of weeds. lt is the expectotion thot equipment will:

o Be free of weeds ond cleoned;

o Hove no leoks ond be in good working order; ond

o Hove o spillcontoinment kit.

Topsoil ond overburden moteriols should be obtoined from uncontominotedsources os free of weed seeds os possible.

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3.5 Environmenlol Monitoring

To ensure ociivities proposed ore completed in occordonce with best monogementproctices, it is recommended thot Environmentol Monitoring be completed by oeuolified Environmentol Professionol (aEP). Replonting oreos should be monitored by the

QEP for vegetotion survivol ond proliferotion of invosive weed species.

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Figure 4. Recommended ESA boundory revision

DRAFI Environmenfolly Sensitive Areo AssessmenfPrepored by Titon Environmento/ Consullonfs Ltd.

Updo fed November 2020 November 2019

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Figure 5. Recommended ESA boundory ond proposed developmenl

DRAFI Environmentolly Sensitive Areo AssessmentPrepored by Tnton Environmenfol Consultonfs Lfd

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4.0 References

City of Vernon. 2012. Environmentol Monogement Areo Strotegy. Avoiloble ot:

https://www.vernon.co/sites/defoult/files/docs/bylows/OCP/environmentol-mgmt

-strotegy.Pdf

IDoto BC] British Columbio Conservotion Doto Centre. 2019.BC Species ond Ecosystems

Explorer. Avoilo ble ot: http://www2.gov.bc.co/gov/content/environment/plo nts-

onimols-ecosystems/doto-reporting/conservotion-doto-centre/explore-cdc-doto/species-o nd-ecosystems-explorer

lverson, K.2007. Sensitive Ecosystems lnventory: Coldstreom - Vernon 20Q7' Volume l:Methods, EcologicolDescriptions, Results, Conservotion Anolysis, ond Monogement

Recommendoiions. Avoiloble ot:

hltp://o10O.gov.bc.coloppsdoto/ocot/documents/r15353/ColdstreomVernonSElrepori_fino t_1239219082455_bb6ec58ff5975l 28oo583f7031 371578b7c09772edo0c9

400'l oc33ee20859d5 l .Pdf

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APPENDIX 1

PHOTOGRAPHS

D R AFT Env iro n m e nt olly Sensitive Areo Assessmen fPrepored by Triton Environmento/ Consu/fonts Lld

Appendix 1

Anderson Ronch updofed November 2020 November 2019

Photogroph 1. Access rood of bose of knoll. View south.

phologroph 2. MOT;work oreo ond remoining foundotion of residentiolbuilding following

demolition

DRAFT lFIN AL RCPOTI NOMEPrepored by Triton Environmenlol Consultonls Lfd.

Appendix 1

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photogroph 3. Trees ond vegetotion of bose of knoll. View north.

phologroph 4. Overview of ESA ond fill oreo of bose of ESA. View southwest toword BX

Creek.

DRAFT /FlN AL Reporf NomePrepared by Triton Environmentol Consulfonfs Ltd.

Appendix I

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Phologroph 5. Overview of north side of knoll. View northeost.

Phologroph 6. Shrubs ossocioted with the rock outcrop on the northern portion of theknoll. View south.

DRAFT /FlN AL Reporf NomePrepored by Triton Environmental Consultanfs Ltd

Appendix 1

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APPENDIX

A-3 ARcHAELoGtcALOVERVIEWASSESSMEIVT A/VD

PRELIMINARY FIELD

RECO/V/VA/SSA,VCE

USConsulting

I1500 coldstream creek Road, Coldstream, BC, vlB lE3 T: 250-938-4662 ian@ursus-heritage'ca

www. ursus-herita ge.ca

September 25,2020

Don SearleAvanti Investments

RE: Archaeological Overview Assessment and Preliminary Field Reconnaissance of the subdivision

of Anderson Ranch in Vernon, B.C. (Lot 1, Plan KAP23048, PID: 006-582'940, Regional District ofNorth Okanagan; REM Lot 4, Plan KAP68038, PID: 024-914-886, Regional District of North

Okanagan; anO nnVf Lot 5, Plan KAP68038, PID: 024-914-894, Regional District of North

Okanagan).

This letter report presents the findings of the Archaeological Overview Assessment (AOA) which

included a nritmlnary Field Reconnaissance (PFR) of the above project conducted by Rhory Gillies

(Ursus) andZachWilson (Okanagan Indian Band) on August 24'h,2020.

As part of the Ministry of Transportation, Highways, and Infrastructure application for subdivision the

appiicant, Avanti Investments, was requested to conduct an archaeological assessment of the subdivision

olth" Attd"rson Ranch in Vernon, B.C. Ursus Heritage Consulting Ltd. (Ursus) was retained by Aventi

Investments to conduct an AOA to satisff the request. The AOA included a PFR field survey of the

properfy location.

The objectives of the PFR are to:

. Identiff and evaluate any areas of archaeological potential within the project arca thal warrant

subsurface testing or monitoring;. Provide recommindations regarding the need and appropriate scope of further archaeological

studies prior to any proposed construction.

Archaeological sites can be defined as physical evidence of past human use of an area that, in the subject

region, is typically rcprcsented by artifacts, lithic debitage (by-products ofstone tool production), faunal

remains, fire altered rock, hearth/fire pit features, and habitation and subsistence features.

The AOA/PFR is concemed with identification of archaeological potential and archaeological sites within

the identified AOA study area and in relation to the assessed property. It does not address potential for

traditional use sites within the subject project area. It is not the intent of this report to document First

Nations' interest in the land. The study was conducted without prejudice to First Nations' treaty

negotiations, Aboriginal rights, or Aboriginal title.

Ursus Heritage Consulting Ltd.-1-

Project Description

AOA/PFR for Anderson Ranch Subdivision, Vernon, B'C

The study area is defined by the proposed property to be subdivided located within the North BX

neighborhood, Vemon. The study area is situated within the Southem Interior of B.C', approximately 6.7

km north of KalamalkaLake,6.0 km southwest of Okanagan Lake, and 0.6 km southwest of Swan Lake

within the city limits of Vernon.

The proponent intends to subdivide the Anderson Ranch pr_operty which is approximately 8.06 ha into ten

(n:fb) iarcels with road access to Pleasant Valley Rd, j8'h Ave., and 20th St (Figure 2). Currently there

are no plans for proposed future developments within the study area; however, the intention is to

subdividi the property for future residential development within the City of Vernon. Photo I provides a

view of the property.

photo l. view south of proposed Anderson Ranch from the northern end of the development.

Prepared by Ursus Heritage Consulting Ltd'

2

AOA/PFR for Anderson Ranch Subdivision, Vernon, B.C.

Prepared by Ursus Heritage Consulting Ltd'

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Figure 1: Anderson Ranch PFR Overview Map

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Prepared by Ursus Heritage Consulting Ltd.

4

AOA,4PFR for Anderson Ranch Subdivision, Vernon, B.C

Project Setting

The study area is encompassed within a single biogeoclimatic zone, the Interior Douglas-fir, very dry hot

subzone, Okanagan variant (IDFxhl) as defined by the biogeoclimatic classificatory system utilized by

the Ministry of Forests (see Meidinger and Pojar l99l). The IDF zone is situated in the low to middling

elevations of the southern Interior Plateau on rolling and valley terrain between 350 m and 1450 tn above

sea level (asl), although in the Okanagan the IDF is present in the lower elevations. The IDF ischarccterized by warm-, dry summers and cool winters. Within the IDF zone forest cover includes

ponderosa pine, Douglas fir, with an understory of field pussytoes, tall Oregon-grape, yarrow, pinegrass'

saskatoon 6e.ry, sho*y aster, Cladonia spp., Peltigeria spp., and birch-leaved spirea (Meidinger and

Pojar 1991).

Pre-Field Archaeological Potential Assessment

The British Columbia Remote Access Archaeological Database (RAAD) at the Archaeological Inventory

and Mapping Section at the Ministry of Forests, Lands, Natural Resource Operations, and Rural

Developmeniin Victoria was queried and revealed that the subject propefiy is located within a polygon ofhigh potential as rnodelled by the Okanagan Timber Supply Area Archaeology Overview Assesstnent

(Arcas 1997). Additionally, there are six (6) registered archaeological sites within 5 km of the shrdy area.

EbQt-6 was ilitially recorded in 1976 by Leslie Scott. The site consists of an nnspecified count of core

fragments and basalt debitage collected from within a ploughed field.

Ebet-37 was initially recorded in 2006 by Golder Associates Ltd. during an AIA for a Ploposed

Residential Developnent near. Vernon, BC conducted under HIP 2006-0044 and was later revisited in

200:. for systematic clata recovery under HIP 2007-0089. EbQt-37 consists of one (1) chalcedony utilized

flake, o1e (l) possible basalt drill, two (2) ovoid utilized cobbles, and an unspecified atnount ofchalcedony, chert, and quaftzite debitage.

EbQt-133 was initially recorded in 2011 during orchard planting. The site was revisited later in 2011 by

Golcler Associates Ltd. to conduct an AIA of the site under HIP 2011-019'7. The site cousists of thlee (3)

crania and o1e (1) partial post-cranial skeleton, aud one (1) triangular biface and four (4) pieces ofcherl

and basalt debitage which were all reburied on site as well as one (1) chert chopper and three (3) pieces ofchalcedony and chert debitage which were collected.

Ebet-139 was ilitially recorded in 2015 by Tera Archaeology Ltd. during an AIA of the proposed 20'h St

expinsion conducted under HIp 2015-0133. The site consists of one (l) side notched basalt projectile

point basal elernent, o1e (l) biface, two (2) retouched flakes, titty-tive (55) pieces of basalt, chert, and

clralcetloly lithic debitage, as wcll as onc (1) pieces of rnodified bone and fifty-one (51) pieces of nn-

modified rnamrnal bone and shell fragrnents. Additionally, three (3) historic artifacts were observed.

EbQt-143 was initially recorded in 2018 by Amec Earth and Environmental during an AIA of the Swan

Lake wetland reclamation project conducted under HIP 20lB-0184. The site cotrsists of twenty-fout (24)

pieces ofchalcedony, chert, siltstone, and dacite lithic debitage aud one (1) fish veftebra'

Ebet-144 was initially recorded in 2018 by Ursus Heritage Consulting Ltd. during the Archaeological

Impact Assessment olthe Foothiils Neighbourhood Residential Development conducted under HIP 2018-

Oqll . fne site consists of one (1) burial cairn and one (l) rectangular boulder alignment'

See Table I for a summary of the registered archaeological sites within 5 km of the project area.

Prepared by Ursus Heritage Consulting Ltd.

5

BordenName

Site TypeDistance from

Study Area

YearInitially

RecordedPermit Recorder

EbQt-139Subsurface LithicsSubsurface FaunaSubsurface Refuse

within 20r5 2015-01 33 Terra Archaeology Ltd.

EbQt-143Subsurface LithicsSubsurface Fauna

0.2 km northwest 2018 201 8-0 I 84Amec Earth andEnvironmental

EbQt-6 Surface Lithics 0.3 km west 19721972: Non-

permit Leslie Scott

EbQt-133Human RemainsSurface LithicsSubsurface Lithics

0.8 krn northeast 20tt 20r1-0r97 Golder Associates Ltd.

EbQr-37 Subsurface Lithics 2.7 km southwest 20062006-0044

Golder Associates Ltd.2007-0089

EbQt-146Boulder AlignmentBurial Caim

3.2km northeast 2018 2018-0417Ursus Heritage ConsultingLtd.

AOA/PFR for Anderson Ranch Subdivision, Vernon, B.C

Table I Recorded archaeological sites within 5 krn ofthe project area. Archaeological sites are ordered nearest to

farthest from the

PFR Methodology

The PFR consisted of the archaeological field crew traversing the entirety of the proposed development.

Pedestrian visual surface inspection was employed for the purpose of locating, recording, and evaluating

archaeological resources within the proposed development footprint. Full pedestrian visual surface

inspection was conducted within the proposed development footprint, and evidence of cultural materials

on th" surface were sought, including but not limited to: stone, bone, antler, or other artifacts; fire-altered

rock; cultural features (e.g., depressions or cairns); and historic cultural remains and debris. Existing

subsurface exposures were examined for evidence of cultural deposits. Landforms, vegetation, aspect, and

sources of potable water were recorded in field notes'

PFR Results

The entirety of the proposed development was subject to PFR by Rhory Gillies (Ursus) and Zach Wilson(OKfB) on August 24'n,2020.

The in-field observations revealed that the majority of the proposed development is situated on gentle to

moderate slopetl ten'ain overlooking BX Creek to the wcst and Swan Lake to the northwest' However,

located within the centre of the development is an intermediate north-south trending terraced of the BXcreek bisected by a large rocky east-west trending knoll. Portions of the proposed development have been

subject to signidcant modification as the result oimunicipal development including the 20th St. expansion

which was constructed along BX Creek as well as a farmhouse which was constructed along the eastern

bank of BX Creek in the southwest portion of the property. Currently, the farmhouse and additional

buildings have been demolished and the area east of BX Creek have been levelled and capped with

construction fill. Photos 2 and provide views of the development.

No new archaeological resources were identified during the PFR of the proposed Anderson Ranch

subdivision; however, one (1) archaeological site, EbQt-139, is located within the development area and

five (5) areas within the development are assessed with high potential for the presence of archaeological

sites. The high potential rating is based on the presence of level well-drained terrain that is located in

proximity to ttrJgX Creek and previously recorded archaeological site EbQt-139. The remainder of the

Prepared by Ursus Heritage Consulting Ltd.

6

AOAfFR for Anderson Ranch Subdivision, Vernon, B.C

property is considered to have low archaeological potential based on the presence of sloping terrain.-Figor.

3 outlines the areas of high archaeological potential within the property' Photos 4 - 7 provide

views of the areas of archaeological potential.

Prepared by Ursus Heritage Consulting Ltd

7

AOA/PFR for Anderson Ranch Subdivision, Vernon, B.C'

Prepared by Ursus Heritage Consulting Ltd'

8

Figure 3: Anderson Ranch PFR Survey Coverage Map wlth Location of Areas ofArchaeological Potential

clhntr Prlvate Owns

ProFct: tR52O20-62

*grnn RGl,4sped

FleldVblt 24-t&nn RG

LegendI Archaeological Site - Streaml l Proposed Development -

Road

Area of Potential Contour (5 m Interval)r-l Survey Coverage

Bd&n #Psmlt # N/ANTS #62106

Np6mft11bM+ tuce @4lB$tdltstu 6b suc tmcdnDqidB*ath DaM,Freheb Ak, DAblRcd fi6, P{el l6p K

4{10 m200 300100

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I339200

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8900 339000 339100 _33'4{n --' r:339500 339600

,r4, , l rt .- 'r'a f- t.. ,' t

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AOA/PFR for Anderson Ranch Subdivision, Vernon, B.C.

Photo 2. View north of the heavily disturbed area adjacent to BX Creek which was the former location of afarmhouse in the southem portion of the property

Photo 3. View northeast of the property from the centre of the development overlooking BX Creek,

Swan Lake, and archaeological site EbQt-139 adjacent to the road. Note the disturbance

development in the western margins of the property.

Prepared by Ursus Heritage Consulting Ltd.

9

from the 20th St. expansion

AOA/PFR for Anderson Ranch Subdivision, Vernon, B.C'

Photo 4. View north of AOP I which is a level creek terrace adjacent to an

ephemeral drainage which flows into BX Creek

Photo 5. View south at AoP 3 which is a level north-south trending terrace

Prepared by Ursus Heritage Consulting Ltd

10

overlooking BX Creek to the west.

AOAIPFR for Anderson Ranch Subdivision, Vernon, B.C

Photo 6. View north towards previously recorded archaeological site EbQt- 139

which has alarge stockpile adjacent to the site

Photo 7. View north of AOP 5 which is a level north-south trending terrace overlooking BX Creek to the west.

Prepared by Ursus Heritage Consulting Ltd.

l1

AOAPFR for Anderson Ranch Subdivision, Vernon, B.C

Recommendations

Based on the results of the AOA and PFR, one (1) previously identified archaeological site and five

(5) areas of archaeological potential were located within the development. As such, any

development within this portion of the property that includes ground disturbance should be subject

to an archaeological impact assessment (AIA). For the areas within the property assessed with low

potential it is the authori' opinion that no further archaeological work is warranted for this portion

of the property.

The objectives of an AIA are to:

r Identify and evaluate archaeological sites;

o Identify and assess potential impacts to these sites as a result of the proposed development; and

o Recommend alternatives for managing adverse impacts.

An AIA requires a Heritage Inspection Permit issued by the Archaeology Branch pursuant to Section 12.2

of the HCA. Based upon the results of the AIA, additional archaeological work may be required,

including, but not limited to:

o Site conservation through avoidance by project redesign: this is the prefened archaeological site

rnanagement tool, a cost-effective strategy recornmended for long-term protection of significant

sites or porlions of sites threatened with destruction. This could entail, for example, relocating a

proposed building to avoid identified archaeological sites;

r Mitigative data recovery: archaeological salvage excavations may be recommended for

significant archaeological or historic sites or portions of sites threatened by the project

development which cannot be protected by project redesign;

o Archaeological monitoring: this may be recommended to ensure that appropriate emergency

impact management actions are available if unanticipated important archaeological materials or

features, such as human burials, are encountered.

Users of this report should be aware that even the most thorough investigation may fail to reveal all

archaeological remains, including sites protected by the BC Heritage Conservatiort Act, that exist in an

area. All users of this report should also be aware that: (l) archaeological remains in BC are protected

from disturbance, intentional or inadvertent, by the Heritage Conservation Act; (2) in the event that

archaeological remains are enconntered, all grottnd disturbance in the immediate vicinity must be

suspendeJ at once; (3) it is the individual's responsibility to inform the Archaeology Branch, and

appropriate First Nati,ons as soon as possible, about the location of the archaeological remains and the

"uirt" of the disturbance; and (4) the Heritage Conservation Act may incur heavy fines and imprisonment

for failing to comply with these requirements.

It is also recornmended that the proponent infonn their personnel and all contractors that archaeological

remains are protected by the Heritage Conseruation Act, and may not be altered, damaged, moved,

excavated in, or desecrated in any way without a permit issued under Section 12.2 or 12.4 of the Heritage

Conservation Act.

The AOA/pFR is concerned with identification of archaeological potential and archaeological sites within

the proposed Anderson Ranch Subdivision. It does not address potential for traditional use sites within the

s,rbjeciproperty. It is not the intent of this report to document First Nations' interest in the land. The

Prepared by Ursus Heritage Consulting Ltd.

12

AOA/PFR for Anderson Ranch Subdivision, Vernon, B.C.

study was conducted without prejudice to First Nations' treaty negotiations, Aboriginal rights, or

Aboriginal title.

For more information on this review of archaeological potential, please contact Ursus Heritage Consulting

Ltd.

With respect,

eTfruRhory Gillies, MAArchaeologistUrsus Heritage Consulting Ltd.

Reviewed by:

=$n-" &*Ian Cameron, MSc, RPCADirector, Senior ArchaeologistUrsus Heritage Consulting Ltd.

Prepared by Ursus Heritage Consulting Ltd

13

AOA/PFR for Anderson Ranch Subdivision, Vemon, B.C

References

Arcas Consulting Archaeologists Ltd.7gg7 Okanagan Timber Supply Area Archaeological Overview Assessment. Report on file with the

Archaeology Branch, Victoria, BC.

Golder Associates Ltd.2006 Archaeological Impact Assessment for 4000-35th Avenue (Pl 35064, Lot A, Ld 41, Sec 4,

Township S, f^""pt Plan Kap761l6) and 3906-38th Sffeet (P1 38092, Lot 1 Ld 4l,Sec 4,

Township 8, Except Plan 38093), Located Near Vernon, BC Permit 2006-0044' Report on file

with the Archaeology Branch, Victoria, BC.

2007 Systematic Archaeological Data Recovery and Monitoring Project of EbQt-37, Turtle Mountain,

Vemon, BC HCA Permit 2007-0089. Report on file with the Archaeology Branch, Victoria, BC'

Z0ll HCA Permit 20ll-0197 - Archaeological Impact Assessment at 6359 Pleasant Valley Road,

Vemon, BC. Report on file with the Archaeology Branch, Victoria, BC'

Meidinger Del and Jim Pojarlggl -Ecosystems

of British Columbia. Report on file with the BC Ministry of Forests, Lands, Natural

Resource Operations and Rural Development.

Terra Archaeology Ltd.Z0I5 Archaeological Impact Assessrnent of the proposed 20tr' St expansion. HIP 2015-0133. Report on

file with the Archaeology Branch, Victoria, BC.

Ursus Heritage Consulting Ltd.2018 Arcliaeological Impact Assessrnent of the Foothills Neighbourhood Residential Development.

HIP 2018-0417. Report on file with the Archaeology Branch, victoria, BC.

Prepared by Ursus Heritage Consulting Ltd'

14

APPENDIX

A-4 RIPAR:AN AREAsPROTECTIOIVREGULATIOIV

ASSESS/t/I ENT

REPORT

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Please refer to submission instructions and assessment report guidel ines when com thisDate

L Primary QEP lnformationFirst NameLast Name

Designation

Registration #

AddressCitY

Prov/state

lf . Secondary QEP lnformation (use Form 2 for other QEPs)

First NameLast Name

DesignationRegistration #

AddressCity

Prov/state

lll. Developer lnformation

First NameLast NameCompany

Phone #Address

City

Prov/state

lV. Development lnformation

Development TyPeArea of Development (ha) Riparian Length

Lot Area Nature of Develop ment

Proposed Start Date Proposed End Date

V. Location of Proposed Development

Street Address (or nearest townLocal Government

Stream NameLegal Description (PlD)

Stream/River TypeWatershed Code

Latitude

ulation: AssessmentAreas Protection

November 2020

Biil Middle NameRubleeR.P.Bio Company Triton Environmental Consultants

Ltd

573 Email [email protected]

1326 McGillRoadKamloops Postal/Zip V2C 6N6 # 250-851-0023

BC Country Canada

Middle Name

ComoanvEmail

Postal/Zio Phone #Countrv

Don Middle NameSearleAvanti lnvestments Ltd250-764-1816 Email donsearle.com

Box 374 - 101 1865 Dilworth DriveKelowna Postal/Zip V1Y 9Tl

BC Country Canada

SubdivisionTBD 650

.38 New

December 1,

2020December 1,2022

595 Lefoy Road and 61 41 Hiohwav 97

Citv of Vernon City VernonBX Creek and unnamed tributarY to BX024-9 1 4-886 and 024-9 1 4-894 Reqion Central lnterior Region

Creek DFO Area BC lnterior31 0-939400-0820050 17 31 119 15 30

Form 1

Longitude

Page 1 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Table of Contenfs forAssessmenf Report

Section 1. Description of Fisheries Resources Values and a Description of theDevelopment proposal

Section 2. Results of Detailed Riparian Assessment

Section 3. Site Location and Plan.

Section 4. Measures to Protect and Maintain the SPEA

Section 5. Environmental Monitoring..

Section 6. Photos...

Section 7. Professional Opinion

Page Number

J

6

It2

T4

15

I9

Form 1 Page 2 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Secfion 1. Description of Fisheries Resources Values and a Description of theDevelopment proposal

Scientific NameCommon NameOncorhvnchus myklssRainbow TroutLepomis qibbosusPumpkinseedCatastomus sppSuckers (general)C ato sto m u s col u m b i a n u sBridoelio SuckerCvprinus carpioCarpLotaBurbotCoffus asperPricklv SculpinRichardsonius balteatu sRedside Shiner

Fisheries Resource ValuesBX Creek (watershed code: 310-939400-08200) is a 3'd order stream. lt is approximately 24'89km long and is a tributary to Swan Lake. lt flows in a south to north direction on the western edge

of the property. Table 1 outlines the fisheries resource values of BX Creek.

Table '1. Fisheries resources in BX Creek Province of

A fish salvage was completed in 2017 prior to instream works and culvert installation associated

with the conltruction of the Ministry of Trdnsportation and lnfrastructure (MOTI) 20th Street and

Highway Frontage Road connection directly downstream of the project area. Fish captured in BX

Cr6ek during the salvage included Rainbow Trout, Bridgelip Sucker, Carp, and Prickly Sculpin.

Historically, Swan Lake is stocked with triploid Rainbow Trout.

BX Creek runs through the City of Vernon and anthropogenic activity has resulted in stream

habitat impacts and degradation along various reaches of the creek. A Riparian Assessment

Report (RAR) was originally completed for the property in 2010 and amended in 2O14' ln fall of

2OOg, the City of Vernon performed extensive dredging activities in order to reduce effects ofaccretion on ihannel migration and effectively re-channelized BX Creek. The stream substrate

was altered by the 2009 dredging activities. Prior to dredging, the stream channel was comprised

of mostly cobble and gravel with finer sands and silts accumulating where channel variations

resulted in reduced waier velocity. Post dredging, at time of the 2010 assessment, sand and silt

dominated the channel bottom. ln spring 2010, gravels were beginning to re-appear in the reach

observed in this report. Dredging activities caused widening of the channel of BX Creek. The RAR

was update din2O14 based on changes to proposed development. All development was proposed

outside of the 30 m RAA for BX Creek and the SPEA from the 2010 report was used in the

amended RAR (Assessment #3265).

The channel banks were also disturbed by the dredging activities and restoration planting and

seeding occurred. Regeneration appeared to be successful at the time of the 2020 assessment'

Current Riparian Vegetation ConditionA site visit was completed on October 1 3, 2020 to determ rne existing conditions of the project

area and the flparian alea associated with BX creek a nd an unnamed creek on the property The

npa flan area occu rS tn a wetter phase of the nterior Dou g las Ftr d ry hot varia nt (r DFxh )

biogeocli matic zone A thick overstory occu rS adjacent to BX Creek with common species

incl udi ng wt llow spp (salix ) cottonwood balsamifera) The understory

incl udes sericea nootkablack hawthornspp. and black

red OS ier(Populus

Cornus rose

Form 1 Page 3 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

(Rosa nootkana ), common Snowbe rry (Symphoricarpos albus) and Oregon g rape (Mahonia

aquifolium ) Speci es observed n the active flood pla n of BX c reek ncluded fireweed

( Chamaenerion angustifolium ), stingi ng nettl e (Urtica dioica ) bu rdock (Arctium Spp ), common

horsetai (Equisetum aruense ), dande ron ( Taraxacum officinale) reed canary g rass (Phalaris

arundinacea ) and cattai (Typha sp p ) The substrate of BX Creek in the project area ts domi nated

by cobb e a nd g ravel with fine r SA nds and sil ts on the ban ks. BX c ree k and the npanan atea n

the cln itv of the property have been heavi ly d istu rbed Two crossrng structures have been

nsta lled on BX Creek ove r the last few years The c ity of Vernon bu It an extens ion of 5gth Avenue

wh ich ncluded a clear span bridge CTOSS ng of 58th Avenue on the south end (upstream ) of the

p rop erty to provid e access to a develo pment. MOT bui It a road extens ton wh ich provides

connection between 20th Aven ue and the H ighway 97 Fro ntag e Road An open bottom crossrng

structure was built over BX Creek on the north end (downstream) of the property. Extensive

erosion protection and bank armouring were installed on the banks of BX Creek in these areas'

The stream continues north and flows through a culvert under Highway 97A and the CN railtracks

and into Swan Lake.

The subject property is formerly known as Anderson Ranch. The upland area of the property was

historicilly used foi agricultural purposes including hay, grazing, and farm activities. When the

previous RAR assessment was completed in 2010, old farm buildings were within the RAA and

some were within the SPEA which impacted the ability of the land to support functioning riparian

vegetation. Old farm access roads are visible on aerial photography of the property. Sections of

thJ property which were historically used for hay and grazing are overgrown with non-native

species. Ot-her areas are disturbed and completely non-vegetated. Several dilapidated buildings

and infrastructure within the RAA and SPEA were removed as part of the MOTI construction of

the Highway Frontage Road. ln addition, a portion of the property east of BX Creek outside of the

SpEAletermined in tne 2020 RAPR assessment was cleared and used as a laydown area by

MOTI during construction of the frontage road.

There is a right-of-way delineated on the west side of BX Creek that is owned by the North

Okanagan Regional District (NORD) parks department. This area is to remain as a combination

of intact riparian habitat and pedestrian corridor. The long range vision is to maintain and enhance

connection of the areas trail system to facilitated interaction with the natural environment and

walking/hiking opportunities in the community.

ln addition, a small unnamed creek originates upslope of the property and flows east to west

through the northeast portion of the property. At the bottom of the slope the creek flows

undergroLrncl through a buried culvert for approximately 30 m, daylights, and enters a culvert

install6d by MOTI under the Highway Frontage Road. The outlet of the Frontage Road culvert is

perched. The creek flows under the BX Creek bank and enters BX Creek via a 300mm culvert

about 10m before BX Creek flows under Hvvy 97. The stream flows through a field which was

historically used for grazing and is now dominated by non-native species. The riparian area of the

stream is dominateO Oy ntick hawthorn. The stream is considered non-fish bearing' The slope of

the channel is in excess of 30% approximately 20m upstream from BX creek. However, creek

contributes values (water volume, temperature regulation, nutrients, etc.) to BX creek and Swan

Lake. The current development proposal is only for Lot 4 on the site plan. Should development

plans include the 30 m RAA of the unnamed creek, then a RAPR will be prepared at that time.

Form 1 Page 4 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Development ProposalNature of Development, inctuding timelines and specific activities proposedThe RAPR was completed to establish current SPEA widths for a housing development on the

east side of BX Creek (Lot 4 on the site plan). The developable part of the property is confined by

steep slopes on the eastern side of the property, existing and proposed right of way, and City of

Vernon park easements both existing and proposed. The start date of works is dependent on

permitting and approvals. The development is in the subdivision stage and will include multi-family

and single family units with corresponding access, landscaping, trail system (as per NORD

requirements), ahd riparian protection and enhancement activities. The proposal is currently in

the layout phase and preliminary site plans are included with this report. All development will be

outside of the SPEA.

Concurrently, proposals for two crossings of the unnamed creek on the northeast side of the

property are being prepared for submission to the Ministry of Forests, Lands, Natural Resources

bperations and Rural Development (MFLNRORD) for approval per Section 11 of the Water

Sustainability Acf notification process. The areas where proposed crossing construction would

take place, including area of impact due to construction, will be included in the Section 11 process.

References:Province of BC, 2020. Habitat Wizard and EcoCat. Accessed October 2020

Form 1 Page 5 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Secfion 2. Results of Detailed Riparian AssessmenfRefer to Section 3 of Technical Manual Date

Description of Water bodies involved (number, type)StreamWetlandLakeDitch

Number of reaches

Reach #

I

1

1-BXCreek

Channel width and slope and Channel Type (use only if water body is a stream or aditch, and only provide widths if a ditch)

ChannelWidth Gradientstarting point

upstream

downstream

Total: minus high /lowmean

FYP CIP S/PChannel Type

Site Potential Vegetation Type (SPVT)

No

SPVT Polygons

Polygon No:

SPVT TypeLC SH TR

Polygon No:

November 3,2020

BX Creek

5.665.725.875.196.135.885.454.725.305.205.3849.655.51

1

1

2

l, Bill Rublee, hereby certify that:a) I am a qualified environmental professional, as defined in the

Riparian Areas Protection Regulation made under the RiparianAreas Protection Act:

b) I am qualified to carry out this part of the assessment of thedevelopment proposal made by the developer @lilnvestments Ltd.;

c) I have carried out an assessment ofthe development proposal

and my assessment is set out in this Assessment Report; andd) ln carrying out my assessment of the development proposal, I

have followed the technical manual to the Riparian AreasProtection Regulation.

X

2

Tick yes only if multiple polygons, if No then fill in one set of SPVT data boxesXl, Bill Rublee. hereby certify that:a) I am a qualified environmental professional, as defined in the Riparian Areas Protection

Regulation made under the Riparian Areas Protection Act;b) I am qualified to carry out this part of the assessment of the development proposal

made by the developer Avanti lnvestments Ltd.;C) I have carried out an assessment of the development proposal and my assessment is

set out in this Assessment Report; andd) ln carrying out my assessment of the development proposal, I have followed the

technical manual to the Riparian Areas Protection Regulation.

Method employed if other than TR

Method employed if other than TRI

Form 1

LC SH TR

Page 6 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Zone of Sensitivity (ZOS) and resultant SPEA

SegmentNo:

LWD, Bank and ChannelStability ZOS (m)

Litter fall and insect droPZoS (m)

Shade ZOS maxDitch

Ditch FishBearing

SPEA maximum

SegmentNo:

LWD, Bank and ChannelStability ZOS (m)

Litter fall and insect droPZoS (m)

Method emploved if other than TR

South bank

South bank

South bank

SPVT Type

Polygon No:SPVT Type

Shade ZOS (m)SPEA maximum

max

SegmentNo:

LWD, Bank and ChannelStability ZOS (m)

Litter fall and insect droPZoS (m)

Shade ZOS max

Comments

1 lf two sides of a stream involved, each side is a separate segment. For all waterbodies multiple seqments occur where there are multiple SPVT polygons

16.53

16.53

5.0 Yes No XJustification description for classifying as a ditch (manmade,no siqnificant headwaters or springs, seasonalflow)

Yes No lf non-fish bearing insert no fishbearing status report

16.53m ditch use table3-

lf two sides of a stream involved, each side is a separate segment. For all waterbodies multiple seq ments occur where there are multiple SPVT polygons

Yes No

ditch use table3-7

lf two sides of a stream involved, each side is a separate segment. For all waterbodies multiple seqm ents occur where there are multiple SPVT polygons

Yes No

SPEA maximum For ditch use table

l, Bill Rublee, hereby certify that:a-; t am a qralified environmental professional, as defined in the Riparian Areas Protection Regulation made under the Ripariart

Areas Protection Act:b) I am qualified to carry out this part of the assessment of the development proposal made by the developer Avanti lnvestments

Ltd;c) I have carried out an assessment of the development proposal and my assessment is set out in this Assessment Report; and

d) ln carrying out my assessment of the development proposal, I have followed the technical manual to the Riparian Areas

Protection

n fal of 20 of Ve rno n performed exten stve dredgi activiti CS n order to red uce

effects ized BX cree k.of09, the City

on channel ration and effectiven

re-channel

Form 1 Page 7 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Dredging resulted in widening the stream wetted width by nearly a meter An evaluation ofthe RAR in spring 2010 determined a SPEA width of 14.8 m. lt was noted in this report the

channel width had widened approximately 1 m since the previous assessment completedprior to dredging activities. Due to the amount of time that has passed since the previous

RAR assessment in 2010 and the updated development plans, the RAPR was re-assessedin October 2020.The SPEAwidth was determined to be 16.53. ln the RAPR methodology,there is a direct connection between channel width and SPEA width for a creek. The

increased channel width and resultant increased SPEA width since the previous report wascompleted is mostly likely attributed to impacts associated with works around BX Creek,including the stream crossings constructed upstream and downstream of the project area.

Form 1 Page 8 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Secfion 3. Sife Location and Plan

Form 1 Page 9 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

North Okanagan Map

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l

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f','-"*tt'^olP*4f

Thls dtung haE bsn poducd bymo Cry d Vlmot s sd lk Rcglqal Oi#d d N#Okm€laf,'3 GsgRphic lifffi*e SFterc The dtu prcvrCed a ddieed trcm a u-idyd sd@s ffi !4ingl.v€ls d roey. D6 City dvmon dd fre R6gbal Didd dNodh (thqs fiake no srtrrtt 0r rsrc3d#n, €xpG3d { j@lcd, s se cgerdtoth€ cffihess. scs€q sdlsret€blily of the irfamdbfr **hed h€rein.

Miles O{l Coretion of the C{y ol Vemon & .qegiqnal Oist-id of Nodh Ofianagan 1.62.714

Figure 1. Site Location

Form 1 Page 10 of 19

a ROAD

o

\

TO SWAN LAKE2OTH STREff - o s

II

09

SSE 1:10m

RIPARIAN ASSESSI'ENT AREA. 30 M

LWD. CHANNET AND BANK STABILITY ZOS - 16.53m

LEAF LITTER AND INSECT DROP ZOS - 16.53m

SHADE ZOS - 5.0m

FROM HIGH WATER MARK

SURVEYEO HIGH WATER MARK (2015)

CENTRE OF BX

LOT 4

BX

\ L

LOT 4 BOUNDARY ADJUSTMENT

-fI

I

1

I

LCI 4 BOUNDARY

ZOS - 3.06m

ROAD '8.

LOT 5

Y

)L

/ ---I

CHANNEL AND BANK STABILIW ZOS - 10.0m

LEAF LITTERAND INSECT

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Secfion 4. Measures to Protect and Maintain the SPEA1. D Trees There are no da er trees on thel, Bill Rublee, herebye) lamaqualified environmental professional, as defined in the Riparian Areas Protection Regulation made under the

Riparian Areas Protection Act:

fl I dm qualified to carry out this part of the assessment of the development proposal made by the developer Avanti

lnvestments Ltd.;

S) I have carried out an assessme nt of the development proposal and my assessment ts set out ln this Assessment

Report; and n carryi ng out my assessment of the development proposal,Protection

have fol lowed the assessment methods

set out tn the Min ister's tech nical manual to the Areas

2. Windthrow No windthrow risk identified on sitel, Bill Rublee, hereby certify that:a.

-TE-a qualified environmental professional, as defined in the Riparian Areas Protection Regulation made under the

Riparian Areas Protection Act;b. I am qualified to carry out this part of the assessment of the development proposal made by the Avanti lnvestments

Ltd;c. I have carried out an assessment ofthe development proposal and my assessment is set out in this Assessment

Report; and in carrying out my assessment of the development proposal, ltrave followed the assessment methods

seiout in the Minister's technical manual to the Riparian Areas Protection Regulation.

3. Slope Stability The property adjacent to BX Creek is flat. No stabilityissues noted. The property near the unnamed creek is

steeper in sections. However, the banks are flat and no

slooe stabilitv issues are noted.l, Bill Rublee,a. lamaq

certify that:environmental professional, as defined in the Riparian Areas Protection Regulation made under the

Riparian Areas Protection Act;b. I am qualified to carry out this part of the assessment of the development proposal made by the developer M[

lnvestments Ltd;c. I have carried out an assessment of the development proposal and my assessment is set out in this Assessment

Report; and tn carrying out my assessment of the development proposal, have followed the assessment methods

set out tn the Min ister's technical manual to the Areas Protection ulation.

4. Protection of Trees All vegetation within the SPEA will be protected fromdevelopment.

hereby certify that:a.

b.

c.

I am qualified environmental professional, as defined tn the Riparian Areas Protection Reg ulation made under the

Riparian Areas Protection ActiI am qualified to carry out this part of the assessment of the development proposal made by the developer Avanti

lnvestments Ltd.;I have carried out an assessment ofthe development proposal

Report; and in carrying out my assessment of the developmentand my assessment is set out in this Assessmentproposal, I have followed the assessment methods

set out in the Minister's technical manual to the Areas Protection

5. Encroachment There will be no encroachment into the SPEAs with thisdevelopment.

l, Bill Rublee, herebya. lamaqualified environmental professional, as defined in the Riparian Areas Protection Regulation made under the

Riparian Areas Protectlon Act:b. I am qualified to carry out this part of the assessment of the development proposal made by the developer @!!

c.lnvestments Ltd.;I have carried out an assessment of the development proposal and my assessment ts set out tn this Assessment

Report; and tn carrying out my assessmenttechnical manual to

of the development proposal, have fol lowed the assessment methods

set out tn the Minister's the Areas Protection

6. Sediment and Erosion Control During construction BMPs (Land Development Guidelinesand ProvincialA Users Guide to Working Around Water)willbe used including silt fencing storing spoil away from thewater and tarping spoil Piles

Form 1 Page 12 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

BMPs including the use of silt fencing will be placed toreduce the risk of sediment reaching the creeks The siltfence will be placed across the property between thehighwater mark of the creeks and the proposed construction.Additional silt fencing will be placed in the available area atthe SPEAs mark with straw bales available iflwhen needed.The SPEAs will be delineated by fencing prior toconstruction.

Recommended sediment and erosion control include:o Silt fence and run-off controls (straw bales and poly

sheets) during the pouring of cement pad.. No cement pouring during incremental weather and

any soils excavated and left for more than 1 daymust be covered by a tarP.

o No excavated materials may be stored within 15m ofthe highwater mark; and

lnstall BMP's earlv in the construction process.l, Bill Rublee, hereby certify that:a. I arn -a qralified environmental professional, as defined in the Riparian Areas Protection Regulation made under the

Riparian Areas Protection Act:b. I am qualified to carry out this part of the assessment of the development proposal made by the developer MU

lnvestments Ltd.;c. I have carried out an assessment ofthe development proposal and my assessment is set out in this Assessment

Report; and in carrying out my assessment of the development proposal, I have followed the assessment methods

set out in the Minister's technical manual to the Riparian Areas Protection Regulation.

Stormwater issues will not be significant. Stormwater willbe returned to ground outside of the SPEA and will not bedirected into the SPEA or towards BX Creek or theunnamed creek.

7. Stormwater Management

l, Bill Rublee, hereby certify that:a. I arn a qualified environmental professional, as defined in the Riparian Areas Protection Regulation made under the

Riparian Areas Protection Act;b. I am qualified to carry out this part of the assessment of the development proposal made by the developer Avanti

lnvestments Ltd.;c. I ha\re carried out an assessment of the development proposal and my assessment is set out in this Assessment

Report; and ln carrying out my assessment of the development proposal, I have followed the assessment methods

set out in the Minister's technical manual to the Riparian Areas Protection Regulation.

The development will comply with City of Vernon Floodplainbvlaws.

8. Floodplain Concerns (highlymobile channel)

a.

b.

c.

certify that:environmental professional, as defined in the Riparian Areas Protection Regulation made under the

Riparian Areas Protection Act;I am qualified to carry out this part of the assessment of the development proposal made by the developer:\gn[!

I am a qualified

lnvestments Ltd.;setts tnout Assessmentthistheof and assessmentcarriedhave aout assessment myn proposaldevelopment

assessmentth6 methodsfollowedhavetheoflnand out assessment developmentmyReport; carrying proposal,ProtectionAreas Regulationthetn technicalMinister's tomanual theoutset

Form 1 Page 13 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Section 5. Environmental Monitoring

Monitoring will be done on an AS needed basis ens ure that Best Manag ement Practices are

followed to protect against sed ment tnputs nto BX Creek. An initia site visit WI correspond

with start of activity to ensprimarily sediment control.

ure that the contractor ts aware on the requirements for BMPs and

A mon assessment will be conducted

Form 1 Page 14 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Secfion 6. PhotosLabel

Label 13BX Creek and area I downstream

Form 1 Page 15 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Label

Label

Culvert road crossing installed by MOTI at downstream end (north) of property (October

1 2020

Downstrem view BX Creek October 1

Form 1 Page 16 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Label

Label

Upstream view of bridge crossing of BX Creek installed by the City of Vernon atAvenue south of 13

Bank armou at culvert r1 2020

Form 1 Page 17 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Label

Label

flood ain of BX Creek to east of BX C 13 2020

Active floodplain of BX Creek adjacent to property(eastof B@

Form 1 Page 18 of 19

FORM 1

Riparian Areas Protection Regulation - Qualified Environmental Professional - Assessment Report

Secfion 7, Professional Opinion

Qualified Environmental Professionalopinion on the development proposal's riparianassessment.

Date November 3,2020

1. I Bill Rublee

hereby certify that:a) I am/We are qualified environmental professional(s), as defined in the Riparian

Areas Protection Regulation made under the Riparian Areas Protection Act;I am/We are qualified to carry out the assessment of the proposal made by thedeveloper: Avanti lnvestments Ltd., which proposal is described in section 3 ofthis Assessment Report (the "development proposal"),I haveMe have carried out an assessment of the development proposal andmy/our assessment is set out in this Assessment Report; andln carrying out my/our assessment of the development proposal, I have/We havefollowed the specifications of the Riparian Areas Protection Regulation andassessment methodology set out in the minister's manual; AND

b)

c)

d)

2. Asq ualified environmental professional(s), l/we hereby provide my/our professional opinion that:

a) !/A the site of the proposed development is subject to undue hardship, (ifapplicable, indicate N/A otherwise) and

b) [ tfre proposed development will meet the riparian protection standard if the

development proceeds as proposed in the report and complies with themeasures, if any, recommended in the report.

Form 1 Page 19 of 19

Attachment 9

ctqconsultants.ca

Project No.:07039-40April t6,2O2t

Avanti lnvestments Ltd

2'J,4-44O Cascia Drive

Kelowna, BC V1W 4Y4

Attention: Mr. Don Searle

Dear Sir

Anderson Ranch

Traffic Engineering Review

We are pleased to provide the following review of the anticipated traffic from the Anderson Ranch development

current plans, as per the attached WSP Lot Density Map Drawing SK-ZDM, 2021,-03-1,8.

CTQ completed a traffic review for the Anderson Ranch Lands in 2010 based on the proposed build out of the site

as follows:

o 74 Town House Units;

o 277 Low Rise Apartment Units;

o 100,000 ff e,200 mtl of Neighbourhood Commercial.

The anticipated traffic from the 2010 Plan is as follows:

,l ;'

Re

Rates Build Out

rl38 't,'t63 1tu 203 91 450 387 325

The full build out of the Site (from the 2010 CTQ Report) was anticipated to generate the following off site peak

hour traffic volumes:

o AM generation of 438 trips, L90 inbound and 248 outbound;

. PM generation of t,I63 rips, 5L3 inbound and 550 outbound.

TotalGenerated Trios

Total Distribution of Generated TripgITE Vehicle Trip Generation Rates

lM H6rrr PM H6rrr AM In AM Odt Fsii-Bv PM tr PM OUt Pass-BvAil PM Pia*-Bv AM ln AM OUII PM In PM Oul

Expecled

Unit3Description/lTE Code

Units

n)11 n lg 1AA 111 0 109 59nil fl q,1 nfi? 2D *o.r.l ,r",{nrrfmnt 220

f, ,7 o ?fi 13 01744 *.r*l ^rr*

7301 710:ead n6ndnffnwnhdilRc ?in nil 0 t14 8.tz956 111 65 91 315956 34% 53% Tv"l sov" g00l 100.0 x7ihoDBino Center 820 KSFI

OQM I il:iililr*ri l,ii,lrllir1334 St. Paul Street, Kelowna, BC, VIY 2Ei Page 1 of 2Phone: (250) 979-1221

CTQ ctqconsu ltants.ca

The current build out of the site is proposed as follows:

o 580 Mid Rise Apartment Units;

o 23,000 ftz (2,135 m'1 of Neighbourhood Commercial

The anticipated traffic from the current Plan is as follows:

Rates 2021

2n 450 80 136 72 m2 fiz 76

The full build out of the Site is now anticipated to generate the following off site peak hour traffic volumes:

o AM generation of 238 trips, 91 inbound and 147 outbound;

. PM generation of 450 trips, 240 inbound and 210 outbound.

The current site plan will generate 40% of Ihe traffic that was anticipated from the 2010 development plan.

Upon a review of the traffic impacts resulting from the proposed 2010 development plan (as identified in the 20L0

CTQ Report appended), in comparison with the current plans, we anticipate the proposed development will not

impact the operational performance of the adjacent municipal roadway infrastructure.

We trust the above meets with your requirements. Please contact the undersigned if you have any questions on

the above or require further information.

Sincerely,

CTQ CONSUTTANTS LTD.

o.{4"<t /*'/1c*

Mr. David D. Cullen, P.Eng.

Transportation Engineer

DDC: dc

Generated TrimTotal Total Distribution of Generated TriPsITE Vehicle Trip Generation Rates

Pm Oilt Prr-SvPM Xarrr All ln All Out Pd*r-8v PM lnAU ln Ag Oill PM ld PM Orl

ExpectedUnil3

AM HourUnitr

Af,I PM Pr.r-8r

Ilescription/lTE Code

q nI 171 g 1ztl 131?1% Rq si14 t)q 5AO 0nil $3n oMi{LRLRe Affirtment 22371 7664 21 26 t5 a34% azEl" 3So,i $e/a 3204 23.0quationsShoDDino Center 820 (Ea!8tion]