District of Summerland REGULAR COUNCIL MEETING AGENDA

Transcription

1 District of Summerland REGULAR COUNCIL MEETING AGENDA Tuesday, February 12th, :00 p.m. Council Chambers Municipal Hall, Henry Ave. Summerland, BC Page 1. Call to Order Adoption of Minutes 2.1 Adoption of Minutes Recommendation: THAT the Regular Council meeting minutes dated January 28th, 2013 be adopted Adoption of Minutes Recommendation: THAT the Special Council meeting minutes dated February 4th, 2013 be adopted. 3. Resolution to Amend the Agenda Delegations (maximum 5 minutes per delegation) 4.1 Delegation - Summerland Chamber of Economic Development and Tourism (SCEDT) - Christine Petkau, Manager and Brett DeWitt, Vice- President Branding Project - Complete - New SCEDT Logo 5. Mayor's Report 6. CAO's Report 7. Unfinished Business Page 1 of 23

2 Page 8. Correspondence 9. Development Services Department Reports 10. Staff and Other Reports 10.1 Recommendations from the Committee of the Whole 11. New Business 12. Bylaws 12.1 Bylaw Road Closure and Removal of Highway Dedication Bylaw (5905 Hill Crescent) Recommendation: THAT Bylaw 'Road Closure and Removal of Highway Dedication for 5905 Hill Crescent', be adopted Bylaw Zoning Amendment Application to Rezone from FG- Forestry Grazing to A2-Agricultural Large Acreage Zone for a portion of DL3195, ODYD, Plan (26405 Garnet Valley Road) Public Hearing - February 25th, 2013 Recommendation: THAT Bylaw be read a first time Bylaw OCP and Zoning Amendment for Bentley Road Industrial Area OCP Amendment requires an affirmative vote of a majority of all Council members - Sec 882(2)(a) LGA Public Hearing - February 25th, 2013 Recommendation: THAT Bylaw be read a first time. 13. Councillor's Report 14. Adjourn 15. Public Question Period (questions must relate to items on the agenda) Page 2 of 23

3 DISTRICT OF SUMMERLAND MINUTES OF THE REGULAR COUNCIL HELD AT DISTRICT OF SUMMERLAND COUNCIL CHAMBERS HENRY AVENUE, SUMMERLAND, BC ON MONDAY, JANUARY 28 th, 2013 at 7:00 p.m. MEMBERS PRESENT: Her Worship Mayor Janice Perrino Councillor Lloyd Christopherson Councillor Robert Hacking Councillor Orv Robson Councillor Marty Van Alphen Councillor Peter Waterman Member Absent: Councillor Bruce Hallquist Staff Present: Tom Day, CAO Ken Ostraat, Director of Finance Ian McIntosh, Director of Development Services Glenn Noble, Fire Chief Jim Holtjer, Information Services Coordinator Julie McGuire, Long Range Planner Maureen Fugeta, Corporate Officer 1. CALL TO ORDER Mayor Janice Perrino called the meeting to order at 7:00 p.m. 2. ADOPTION OF MINUTES Moved and Seconded, THAT the Regular Council meeting minutes dated January 14th, 2013 be adopted. Moved and Seconded by, Carried. THAT the Special Council meeting minutes dated January 21st, 2013 be adopted. Carried. 2.1 Adoption of Minutes Page 3 of 23

4 3. DELEGATIONS 3.1 Delegation - Eva Antonijevic, Community Program Director for Friends of Summerland Ornamental Gardens Project - Okanagan Basin Water Board (OBWB) Grant Application Eva Antonijevic, Community Program Director for Friends of the Ornamental Garden presented a brief synopsis of their organization s role at the Summerland Ornamental Gardens. She advised that the Summerland Ornamental Gardens (SOG) comprise the largest publicly accessible botanical collection in the Okanagan region. She added that last Summer, saw the implementation of a large scale water conservation project at the gardens. The plan this year is to increase the number of native plants in their xeriscape garden to make the gardens more reflective of the surrounding natural landscape. Ms. Antonijevic was in front of Council today to request support for a grant application for consideration by the Okanagan Basin Water Board, for their proposed project this year, being Innovative Landscaping for Water Conservation. Moved and Seconded, THAT Mayor and Council resolve to endorse the grant application from the Friends of the Summerland Ornamental Gardens for consideration by the Okanagan Basin Water Board s 2013 Water Conservation and Quality Improvement Program (WCQI), for their proposed project entitled Innovative Landscaping for Water Conservation. 4. MAYOR'S REPORT Carried. February 15 th is the 48 th Anniversary of National Flag Day February is recognized as Heart Month in Canada Update on the Federal Electoral Boundaries Commissions Report available on website: Summerland Seniors Village Interior Health has appointed Administrator to oversee the residential care section and will be in place for three months. New admissions to residential care and assisted living remain suspended, at this time. For more information contact Jane Tench, Administrator or Ann Ungaro, Interior Health s clinical consultant Thanks to the Royal Canadian Legion Branch #22 for inviting me to attend their Robby Burns dinner this past Friday evening. 2.1 Adoption of Minutes Page 4 of 23

5 5. DEVELOPMENT SERVICES DEPARTMENT REPORTS 5.1 Appointment to the Regional Growth Strategy Technical Advisory Committee Moved and Seconded by, THAT Council appoint the Director of Development Services or his designate to the Regional Growth Strategy Technical Advisory Committee. Carried. 5.2 Development Variance Permit for Lot 1, DL 2543, ODYD, Plan 8201 (11601 Rutherford Avenue) - (Charlotte Lewis) Mayor Perrino to ask for comments from the public. The Director of Development Services presented a review of the applicant s request to increase the size of the allowable Farm Home Plate, to construct a counseling retreat accessory building. He added that the home plate regulations are fairly new and can be confusing. He further stated that residential accessory buildings are permitted up to 100m² (1076ft²) on agricultural properties, but must be located within the maximum 905m² (974ft²) farm home plate. He added that there are a number of issues associated with this application and staff does not support this application, believing that the use could be accommodated respecting the regulations that are already in place. Members and staff discussed home occupations on ALR land, clustered buildings around the existing house, future uses and zoning regulations. Mayor Perrino invited members of the public to approach the lectern, if they wished to speak on the matter. Al Lychowyd, Denike Street no objection to business, does not like the proposed location restrictions/ distance with adjacent farm buildings new building may interfere with his property (privacy issue and noise) Charlotte Lewis, Rutherford Avenue - Applicant proposed building site would have been approved prior to Zoning Bylaw change believes to be within the guidelines been farming for 25 years; supports ALC philosophies original site of homestead building issue of privacy is paramount for clients hours of business would be 9 to 5; on weekends as well and no overnight stays Al Lychowyd, Denike Street concerned if the property was to sell in the future; what would the new building be utilized for would an additional septic field be required 2.1 Adoption of Minutes Page 5 of 23

6 Members and staff continued discussing farm use regulations, business located in an agricultural setting and good use of the property. Moved and Seconded, THAT a Development Variance Permit to vary Section 8.1.5(a) of the Zoning Bylaw to increase the size of the allowable "Farm Home Plate" in the A1-Agriculture Zone from 905m² to 1240m² be denied. DEFEATED (due to a tie vote) Members determined that this matter be referred back to staff for further consultation with the property owner in an effort to come to a positive solution, keeping within the Farm Home Plate regulations. 5.3 Zoning Amendment Application to rezone FG (Forestry Grazing) to A2 (Agricultural Large Acreage Zone) for a portion of Garnet Valley Road Members and staff discussed the zoning amendment application, including environmental requirements, water allocation and changing agricultural uses of the land. Moved and Seconded by, THAT staff be authorized to prepare a Zoning Bylaw amendment to rezone a portion of DL 3195, ODYD, Except Plan located at Garnet Valley Road from FG (Forestry Grazing) to A2 (Agricultural Large Acreage Zone) as shown in Schedule A, attached to the Director of Development Services report dated January 28th, 2013; AND THAT adoption of the amending bylaw be considered in conjunction with the registration of a Section 219 covenant on the title of the property requiring the protection of two drainage corridors as shown on Schedule C, and the payment of $4, for 50% of the cost of a hydrant. Carried. 5.4 OCP and Zoning Bylaw Amendments for the Bentley Road Industrial Area The Long Range Planner provided members with a review of the findings from the Bentley Road Industrial Area Planning Study. She advised that in 2011, the District of Summerland initiated a block ALR exclusion for the properties, and in November 2011, the Agricultural Land Commission (ALC) informed the District of Summerland that the application to exclude ten (10) parcels from the ALR would be permitted, subject to conditions. Members and staff discussed public consultation, buffering lot, zoning bylaw amendments and participation by property owners. 2.1 Adoption of Minutes Page 6 of 23

7 Moved and Seconded, THAT staff be authorized to prepare an amendment to Schedule 'C' - Summerland Land Use Map of 'District of Summerland Official Community Plan Bylaw ' as shown in Schedule A to designate 10 parcels on the west side of Bentley Road from Agricultural to Light Industrial; AND THAT staff be authorized to prepare an amendment to Schedule 'A' of 'District of Summerland Official Community Plan Bylaw ' as outlined in Schedule 'B' to address policy for light industrial; AND THAT staff be authorized to prepare an Official Community Plan Bylaw Amendment to add a Development Permit Area for the Bentley Road Industrial Area as shown in Schedule C and prepare a corresponding Schedule 'Q' - Bentley Road Industrial Development Permit Area Map identifying the limits of the development permit area; AND THAT staff be authorized to prepare an amendment to Zoning Bylaw as shown in Schedule E to add and amend definitions in response to the Bentley Road Industrial Area planning work; AND FURTHER THAT staff be authorized to prepare a new zone that will be available for properties within the Bentley Road Development Permit Area. 6. STAFF AND OTHER REPORTS 6.1 Resolution brought forward from In-Camera Session Carried. The Fire Chief introduced the following resolution on the amendment to the Auxiliary Firefighter Remuneration Policy. Members discussed retaining firefighter volunteers in the community and providing funding for training sessions. Auxiliary Firefighter Remuneration (In-Camera Session of January 14th, 2013) At the In-Camera Session of Council on January 14th, 2013, Council rescinded previous Policy No ; and subsequently adopted Policy No (2013) - 'Auxiliary Firefighter Remuneration'. This policy change was required to accurately reflect the current pay scale for auxiliary firefighters attending emergency incidents and training events and to improve payment for extended length training opportunities. The current policy did not correctly reflect the current remuneration paid to auxiliary firefighters for incidents and/or part-time employment and was amended to accurately identify these rates. (*note: for information only). 2.1 Adoption of Minutes Page 7 of 23

8 6.2 Road Closure of a Portion of Latimer Avenue (5905 Hill Crescent) The Director of Finance advised that Council recently approved a development variance permit for the property and that upon review of the application, staff noted that part of the applicant s pool was constructed on a portion of road right of way for Latimer Avenue. The right of way in this area is undeveloped road and the District has no plans to develop the road due to the topography in the area. Staff asked the current owner of the property to legalize their encroachment by purchasing a sufficient area of the right of way. The property owners agreed to have a surveyor prepare a road closure reference plan and once final adoption of the road closure is complete, staff will arrange the transfer. The transfer is conditional on the payment of $2, plus any legal and survey costs to be borne by the property owner. Moved and Seconded, THAT Council give first three readings to 'Bylaw Road Closure and Removal of Highway Dedication 5905 Hill Crescent'. 7. COUNCILLOR'S REPORT Carried. Councillor Hacking: Sign Bylaw Review committee will be holding three meetings this month; good cross section of members sitting on the committee (business; public and SCEDT) Councillor Robson: Attended Robbie Burns Night; pipe band and drummer phenomenal Councillor Waterman: Liaison to Heritage Committee; marker on highway has been installed New Heritage Committee executive being formed Commented on heritage properties and trees 8. ADJOURN The meeting adjourned at 9:05 p.m. Certified Correct: Mayor Corporate Officer /mf 2.1 Adoption of Minutes Page 8 of 23

9 DISTRICT OF SUMMERLAND SPECIAL MEETING MINUTES OF COUNCIL HELD AT DISTRICT OF SUMMERLAND COUNCIL CHAMBERS HENRY AVENUE, SUMMERLAND, BC ON MONDAY, FEBRUARY 4 TH, 2013 MEMBERS PRESENT: Her Worship Mayor Janice Perrino Councillor Lloyd Christopherson Councillor Robert Hacking Councillor Bruce Hallquist Councillor Marty Van Alphen* Councillor Peter Waterman Members Absent: Councillor Orv Robson Staff Present: Tom Day, CAO Ken Ostraat, Director of Finance Don Darling, Director of Engineering/Public Works Dale MacDonald*, Director of Parks and Recreation Ian McIntosh, Director of Development Services Glenn Noble*, Fire Chief Jim Holtjer, Information Services Coordinator Maureen Fugeta, Corporate Officer 1. CALL THE SPECIAL COUNCIL MEETING TO ORDER Mayor Perrino called the meeting to order at 8:30 a.m. 2. ADOPTION OF AGENDA Members agreed to move Item 4.1 Road Closure Main Street Anti-Bullying March under New Business to Item NEW BUSINESS 3.1 Road Closure Main Street Anti-Bullying March The Director of Engineering and Public Works explained that this was a new application and required council approval for the road closure. He added that the event is designed to draw attention to Anti-Bullying Day to promote anti-bullying initiatives with the goal of making Summerland a bully free community. The planned event is for Friday, February 8 th, 2013 from 10:00am to 11:00am. He further stated that the application was not 2.2 Adoption of Minutes Page 9 of 23

10 District of Summerland Special Council Meeting Minutes February 4 th, 2013 submitted within the time frames required, the organizers have been cooperative and are working hard to address all the application requirements. Insurance for the event is being organized through the Parks and Recreation department. Businesses have also been notified through door to door canvassing. Members discussed parking of patrons and signage to indicate time of event. Moved and Seconded, THAT Council approve the application from the Summerland Bully Free Organization requesting a Temporary Road Closure for that section of Main Street between Victoria Road and Henry Avenue on Friday, February 8 th, 2013 between the hours of 10:00 a.m. and 11:00 a.m. 4. UNFINISHED BUSINESS Budget Carried. Members and staff continued their discussion on the 2013 Budget, focusing on discretionary spending, which included the following: Discretionary spending priorities: level one, two and three Available funds dependent on proposed property tax increase Peach Orchard campground tennis court improvement (Pickle Ball), and public access Drainage issues throughout the Municipality Municipal Hall improvement reserve (painting; front door; carpets) Canyon View and Peach Orchard cemetery improvements RCMP increase (1.5% increase); remainder of Level One priorities (.5% increase) Reserve funds established specifically for projects Cemetery rates Firehall (requirement for a new roof) Firehall Training Reserve (out of fire department reserves) Centennial Trail redevelopment Centre Stage Mural The CAO thanked members for their comments and advised that staff will take these notes and lay out a couple of scenarios for Council to consider. He further advised that this Summer, staff is hoping to bring to Council the long term capital project list, which will assist members in rationalizing the reserve list. The Committee of the Whole meeting went into a closed session at 9:15 a.m. and returned to an open session at 10:07 a.m. 2.2 Adoption of Minutes Page 10 of 23

11 District of Summerland Special Council Meeting Minutes February 4 th, RESOLUTION TO CLOSE MEETING TO THE PUBLIC Moved and Seconded, THAT this meeting now return to a Regular Meeting and be closed to the public pursuant to Section 90(1)(e) of the Community Charter for Council to deal with the disposition of land or improvements. Councillor Van Alphen left the meeting at 10:15 a.m. 6. NEW BUSINESS (cont d) 6.1 Economic Development Plan Carried. The CAO advised that he had been speaking with Councillor Hacking regarding the Economic Development committee and future economic development process. Members discussed the future of the committee and the assignment of an economic development role within the District s Development Services department. 7. UNFINISHED BUSINESS (cont d) 7.1 Water Rates The CAO advised that a group of staff have been working over the past couple of months on establishing water rates; billing options and community involvement in this process. Staff was here today to present three options that use water consumption as part of the billing structure for domestic water rates. Members and staff discussed the following: Established goals for domestic water metering Keep Summerland green and support Agriculture Option 1 two categories all users that have a land component (individual lot sizes applied) and require irrigation and; condo owners with no irrigation requirements Option 2 based on groups of lot area (x4 categories) and seasonal allotments Option 3 closest option to the current flat rate system, but does not meet goals of encouraging responsible water use Watering boulevards Water leaks Paying for volume of water used Consistent base rates? Community consultation (open house March 14 th, 2013) 2.2 Adoption of Minutes Page 11 of 23

12 District of Summerland Special Council Meeting Minutes February 4 th, 2013 Moved and Seconded, THAT Council authorize staff to proceed with the public engagement strategy based on Options 1 and 2 of the domestic options and the remainder of the attached background information, as outlined in the CAO s staff report dated February 1 st, Carried. 8. TERMINATION The meeting went into a closed session at 9:15 a.m. and subsequently terminated at 11:08 a.m. Certified Correct: Mayor Corporate Officer 2.2 Adoption of Minutes Page 12 of 23

13 4.1 Delegation - Summerland Chamber of Economic

14 THE CORPORATION OF THE DISTRICT OF SUMMERLAND BYLAW NUMBER A BYLAW TO AMEND ZONING BYLAW NUMBER A PORTION OF GARNET VALLEY ROAD The Municipal Council of the Corporation of the District of Summerland, in open meeting assembled, enacts as follows: 1. THAT Schedule B of District of Summerland Zoning Bylaw Number be amended by changing the zoning classification of District Lot 3125, ODYD, Plan 30384, located at Garnet Valley Road, from the FG-Forestry Grazing to A2-Agricultural Large Acreage Zone, as outlined on attached map Schedule A. 2. This bylaw may be cited as Bylaw No , Amendment of Zoning Bylaw Number (26405 Garnet Valley Road). Read a first time this day of February, Considered at a Public Hearing this Read a second and third time this Adopted by the Municipal Council of the District of Summerland this day of Mayor Corporate Officer 12.2 Bylaw Zoning Amendment Application to Page 14 of 23

15 SCHEDULE A to Bylaw SUBJECT AREA OF LOT ALR FG to A2 FG 12.2 Bylaw Zoning Amendment Application to Page 15 of 23

16 THE CORPORATION OF THE DISTRICT OF SUMMERLAND BYLAW NUMBER A BYLAW TO AMEND SUMMERLAND OFFICIAL COMMUNITY PLAN BYLAW (2008) NO AND TO AMEND ZONING BYLAW NUMBER (BENTLEY ROAD INDUSTRIAL AREA) The Municipal Council of the Corporation of the District of Summerland, in open meeting assembled, enacts as follows: 1. THAT Schedule C of Schedule A of Summerland Official Community Plan Bylaw (2008) No be amended to designate 10 parcels on the west side of Bentley Road from Agricultural to Light Industrial, as shown on attached Summerland Land Use Map. 2. THAT the following amendment to Schedule A of Summerland Official Community Plan Bylaw (2008) No , being Background, Section Light Industrial be amended as follows: BACKGROUND Light Industrial The Bentley Road and Logie Road Industrial Parks will continue to be used to address the needs of the light industrial sector. Industrial operations requiring direct access to Highway #97 should be encouraged to locate in the Bentley Road Industrial Park. Agricultural-oriented industries, while suitable to both light industrial parks, should be encouraged to locate in the Logie Road area, since this park includes lands within the Agricultural Land Reserve. An application to exclude 7.36 hectares of land from the ALR in 2011, for industrial purposes, on the west side of Bentley Road from Highway 97 to Bentley Road led to the expansion of the Bentley Road Industrial Park. Lands south of this expansion area to Sanborn Street may accommodate future expansion of the Bentley Road Industrial Park. The transition of the Agricultural to Industrial land uses will require measures such as buffering to reduce the impact between potentially conflicting land uses. The expansion of the Logie Road Industrial Park is somewhat doubtful. This is primarily due to the desire of the community and the Agricultural Land Commission to protect and preserve the productive agricultural lands that surround this industrial park. THAT the following section INTERPRETATION, section.1 Light Industrial be amended as follows:.1 Light Industrial OLD Light Industrial uses will be permitted in areas delineated on the map attached as Schedule "C". Permitted uses shall be restricted to service and repair establishments, 12.3 Bylaw OCP and Zoning Amendment for Page 16 of 23

17 Bylaw OCP and Zoning Amendment (Bentley Road Industrial Area) machine and woodworking shops, indoor manufacturing operations and primary and/or secondary food processing facilities. NEW Light Industrial uses will be permitted in areas delineated on the map attached as Schedule "C". Light industrial uses as well as Industrial/Business activities shall be allowed. Industrial/business service refers to uses that provide services and support to industrial and business customers. THAT the following section POLICIES, be deleted:.8 Restrict the development of the lands west of Bentley Road and north of Sanborn Street to small scale agricultural operations to accommodate the future expansion of the Bentley Road Industrial Park. THAT the following section POLICIES, be added:.8 Encourage, in areas designated as Light Industrial, the provision of business centers that incorporate a mix of research, light manufacturing, and associated business office uses. 3. THAT the following amendment to Schedule A of Summerland Official Community Plan Bylaw (2008) No , section 7.11 BENTLEY ROAD INDUSTRIAL DEVELOPMENT PERMIT AREA, be added as follows and displayed on attached Schedule D OCP Schedule Q Map BENTLEY ROAD INDUSTRIAL DEVELOPMENT PERMIT AREA Category The following provides the location and guidelines for the Bentley Road Industrial Development Permit Area Area The lands identified as Schedule Q are the Bentley Road Industrial Development Permit Area Justification The Bentley Road Industrial Development Permit Area is designated pursuant to Section 919.1(1) of the Local Government Act considering the following designations: a) Establishment of objectives for the form and character of industrial development; b) Establishment of objectives to promote energy conservation; and c) Establishment of objectives to promote the reduction of greenhouse gas emissions. The purpose of the Bentley Road Industrial Development Permit Area is to promote development that meets the needs of industry, and through attractive design that is compatible with adjacent land uses. The Bentley Road Industrial area has been designated to enhance the form and character of the area as well as to protect agricultural land and promote water and energy-efficient development Bylaw OCP and Zoning Amendment for Page 17 of 23

18 Bylaw OCP and Zoning Amendment (Bentley Road Industrial Area) A Bentley Road Industrial Development Permit is required for all new development within the area on lands as designated in Schedule Q of the Official Community Plan unless exempted under Section Guidelines General i. A site specific drainage plan is required with information on proposed site drainage methods Building Design, Massing and Siting i. Main public building entries should be located at the front of the buildings to face streets and be clearly identifiable, visible, transparent and accessible. ii. iii. iv. Corner entries that can provide access from both the street and parking facilities are encouraged. Rooftop mechanical systems should be integrated into the form of the building and screened from view. Exterior building design should reflect the character of the area by utilizing appropriate, durable materials. v. Buildings with blank walls should incorporate features such as texture, graphics, or colors to provide visual interest. vi. vii. Exterior lights should be oriented away from adjacent residential properties, with cut-off shields to minimize light. Buildings along street frontages should have a higher degree of architectural detailing to enhance the building s appearance to the public realm Vehicle Access, Parking and Loading i. Parking areas adjacent to public streets should provide a low level landscaped buffer between the parking and the street. ii. iii. iv. Drainage from developments must be controlled on site. Consider the use of low impact development (LID) solutions to control surface drainage. No parking or maneuvering should be permitted in landscaped setback areas. Provide well defined and safe pedestrian access from parking areas and public sidewalks Landscaping and Streetscaping i. Bentley Road should have street trees in the boulevard. ii. iii. iv. Properties Abutting Bentley Road are required to provide a 3.0 m wide Landscaped Strip. Crime Prevention Through Environmental Design (CPTED) principles should be followed. Outdoor storage areas should be limited to the rear yard and side yard areas, screened from main entrances and streets. v. Industrial developments with multiple tenancies should consider providing common amenity spaces for employees and visitors Bylaw OCP and Zoning Amendment for Page 18 of 23

19 Bylaw OCP and Zoning Amendment (Bentley Road Industrial Area) vi. vii. viii. ix. Any portion of a building site left vacant for future development should be suitably landscaped to control weeds and dust. Chain link fences are discouraged within the front setback. Development permit applications should include a professional landscape design. Existing trees and vegetation should be retained and incorporated into site planning where possible. New trees should be added wherever possible. x. A variety of native trees and vegetation should be provided to minimize maintenance, water use and integrate the planting design into the traditional landscape character. Trees and vegetation should be native species appropriate to the area Energy Conservation and Efficiency i. Buildings should be designed to minimize off-site air pollution. ii. iii. Buildings should be oriented to maximize solar orientation, taking into consideration building placement and planting design. Building materials, systems and construction methods should be used to conserve energy and reduce long-term operating costs Solid Waste: Reuse and Recycle i. A solid waste disposal area should be designated for each building. This area should be of sufficient size to meet the needs of the proposed development. ii. A comprehensive waste management plan is encouraged among land owners to provide recycling and reuse in close proximity by different industrial, retail or high technology uses Exemptions The following forms of development and/or applications are exempt from the Bentley Road Industrial Development Permit Area requirement: i. Any land use as defined in the District of Summerland Zoning Bylaw for lands zoned A1. ii. iii. iv. Replacement of an existing sign. Subdivision. Any servicing work undertaken by or on behalf of the District of Summerland. v. Renovations, repairs, or maintenance to existing buildings that cost under $50,000 in value Development Permit Approval District Council is the approving authority for the Bentley Road Industrial Development Permit Area Guidelines. 4. THAT this bylaw has received a majority vote of the full Municipal Council pursuant to Section 882 of the Local Government Act Bylaw OCP and Zoning Amendment for Page 19 of 23

20 Bylaw OCP and Zoning Amendment (Bentley Road Industrial Area) 5. THAT Schedule A of District of Summerland Zoning Bylaw Number definitions be added to Section 2.0 Definitions, as follows: 2.0 Definitions Broadcasting Studios means development used for the production and/or broadcasting of audio and visual programming typically associated with radio, television and motion picture studios. Industrial High Technology Research and Product Design means the research and/or design, including the manufacture and/or distribution, of products used in the fields of computer software and programming, electronics, telecommunications, aeronautics, precision engineering, robotics, biochemistry, health care, and related industries. Related industries may include business services such as data storage, provision of server space, and servicing of computer equipment. This use may include up to 25% of the space to be used for an office component. AND THAT the following definition be amended: Housing, Apartment means more than four Dwellings in a residential building which have principal access from a common interior corridor, and which are not Townhouses or residential Dwelling(s) when integrated into a commercial or industrial mixed-use building. 6. THAT Section 6.0 Parking & Loading Regulation of Schedule A of District of Summerland Zoning Bylaw Number , be amended as follows: THAT the following parking and loading requirements be added to Section 6.0 Parking & Loading Regulations as follows: 6.0 Parking & Loading Regulations 6.1 Vehicle Parking and Loading Provisions Table 6.1: Parking & Loading Schedule Category of Use Broadcasting Studios Required Vehicle Parking Spaces 2.5 per 100m 2 of Gross Floor Area Required Loading Spaces NIL 7. This Bylaw may be cited as Bylaw No , Amendment of Official Community Plan Bylaw (2008) No and Zoning Bylaw Number (Bentley Road Industrial Area) Bylaw OCP and Zoning Amendment for Page 20 of 23

21 Bylaw OCP and Zoning Amendment (Bentley Road Industrial Area) Read a first time this day of Considered at a Public Hearing this day of Read a second and third time by the Municipal Council this day of Approved pursuant to section 52(3) (a) of the Transportation Act this day of for Minister of Transportation and Infrastructure Adopted by the Municipal Council of the District of Summerland this day of Mayor Corporate Officer Bylaw OCP and Zoning Amendment for Page 21 of 23

22 Bylaw OCP and Zoning Amendment (Bentley Road Industrial Area) Schedule A: Summerland Land Use Map Bylaw OCP and Zoning Amendment for Page 22 of 23

23 Bylaw OCP and Zoning Amendment (Bentley Road Industrial Area) Schedule D: OCP Schedule Q - Bentley Road Industrial Development Permit Area Map Bylaw OCP and Zoning Amendment for Page 23 of 23