THE CORPORATION OF THE CITY OF VERNON

AGENDA

Regular Open Meeting of Council

Monday, December 12, 2022 at 1:30 P.m. - 4:30 P.m.

CITY HALL COUNCIL CHAMBER

3400 30 Street

Vernon B.C.

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1.

CALL REGULAR MEETING TO ORDER

1.a

Land Acknowledgement

As Mayor of the City of Vernon, and in the spirit of this gathering, I recognize the City of Vernon is located in the traditional territory of the Syilx People of the Okanagan Nation.

1.b

Move to Committee of the Whole

• THAT Council move to the Committee of the Whole meeting.

2.

RECONVENE REGULAR MEETING AND RESOLUTION TO CLOSE MEETING

2.a

Resolution to Close Meeting

• THAT this meeting be closed to the public pursuant to Section 90 (1) of the Community Charter for Council to deal with matters relating to the following:

  (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality;

  (c) labour relations or other employee relations;

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

  (f) law enforcement, if the Council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;

  (i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

  (j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act;

  (m) a matter that, under another enactment, is such that the public may be excluded from the meeting.

3.

RECONVENE TO OPEN COUNCIL AT 1:30 PM

3.a

Land Acknowledgement

As Mayor of the City of Vernon, and in the spirit of this gathering, I recognize the City of Vernon is located in the traditional territory of the Syilx People of the Okanagan Nation.

3.b

Agenda

• THAT the Agenda for the December 12, 2022 Regular Open Meeting of Council be adopted as circulated.

3.c

Adoption of Minutes and Receipt of Committee of the Whole

• THAT the minutes of the Regular meeting of Council held November 28, 2022 be adopted;

  AND FURTHER, that the minutes of the Special meeting held on December 5, 2022 be adopted;

  AND FURTHER, that the minutes of the Committee of the Whole Meeting of Council held      November 28, 2022, be received.

4.

BUSINESS ARISING FROM THE MINUTES

5.

GENERAL MATTERS

5.a

Delegation - United Way British Columbia

Jeanne Legua and Tracy Anderson from United Way British Columbia will present, via Zoom, an update on local social issues and share information about the United Way.

• THAT Council receive the December 12, 2022 presentation from Jeanne Legua and Tracy Anderson of United Way British Columbia for information.

5.b

Delegation - Canadian Mental Health Association Restorative Justice

Margaret Clark, Manager of Restorative Justice, Canadian Mental Health Association, will provide the 2022 semi-annual review for restorative justice services.

• THAT Council receive the December 12, 2022 presentation from Margaret Clark, Manager of Restorative Justice of the Canadian Mental Health Association for information.

5.c

Delegation - Downtown Vernon Association

Keelan Murtagh, Executive Director, Downtown Vernon Association will present a summary of the 2900 Plaza street closure and commitment to another Plaza initiative for summer 2023.

• THAT Council receive the December 12, 2022 presentation from Keelan Murtagh, Executive Director of Downtown Vernon Association for information.

5.d

Development Variance Permit (DVP00561) - 1606 38 Avenue

• THAT Council support Development Variance Permit Application 00561 (DVP00561) to vary the following sections of Zoning Bylaw 5000 to allow for the construction of a detached garage on LOT 8 PLAN 474 SEC 2 TWP 8 ODYD OF S 156.14' EXC PL B1275 (1606 38^th Avenue) as outlined in the report titled “Development Variance Permit Application for 1606 38^th Avenue” dated November 16, 2022 and respectfully submitted by the Approving Officer:

  1. Section 4.5.6 maximum allowable height for a secondary building to the mid-point of the roof structure, from 4.5m to 5.0m up to a total building height of 5.7m; and
  2. Section 4.5.7 maximum allowable building area of a secondary building, from 90m² to 105m² and a total area of 187m²;

  AND FURTHER, that Council’s support of DVP00561 is subject to the following:

  1. the site plan, floor plan, building elevations and renderings illustrating the general siting, layout and dimensions of the proposed development be attached to and form part of DVP00561; and
  2. a Road Reserve Covenant be registered on title that will allow the City to acquire the needed land to connect 38^th Avenue/lane in the future at no cost and ensures no buildings, structures or improvements are built on the future alignment, unless otherwise approved by the City of Vernon.

5.d.1

Public Input - DVP00561

Public Input for Development Variance Permit DVP0000561 for LOT 8 PLAN 474 SEC 2 TWP 8 ODYD OF S 156.14' EXC PL B1275 (1606 38^th Avenue).

5.d.2

Permit Issuance - DVP00561

• THAT the Corporate Officer be authorized to issue Development Variance Permit DVP00561 for LOT 8 PLAN 474 SEC 2 TWP 8 ODYD OF S 156.14' EXC PL B1275 (1606 38^th Avenue), vary  Zoning Bylaw 5000 to allow for the construction of a detached garage, once all conditions of Council are satisfied.

5.e

Development Variance Permit (DVP00576) - 3708 25 Avenue

• THAT Council support Development Variance Permit application 00576 (DVP00576) to vary the following section of Zoning Bylaw 5000 to permit the construction of a multi-family development on LT 1 DL 71 ODYD PL 20017 (3708 25th Avenue) as outlined in the report titled "Development Variance Permit Application for 3708 25th Avenue" dated November 22, 2022 and respectfully submitted by the Current Planner:

  1. Section 9.10.6 maximum height from the lesser of 10m or 2.5 storeys to 10m or 3 storeys;

  AND FURTHER, that Council's support of DVP00576 is subject to the following:

  1. the site plan, floor plan and building elevations (Attachment 1) illustrating the general siting, layout and dimensions of the proposed development be attached to and form part of DVP00576; and 
  2. that prior to issuance of DVP00576 a Development Permit is ready for issuance.

5.e.1

Public Input - DVP00576

Public Input of Development Variance Permit DVP00576 for LT 1 DL 71 ODYD PL 20017 (3708 25th Avenue).

5.e.2

Permit Issuance - DVP00576

• THAT the Corporate Officer be authorized to issue Development Variance Permit DVP00576 for LT 1 DL 71 ODYD PL 20017 (3708 25th Avenue), to vary Zoning Bylaw 5000 to permit the construction of a multi-family development, once all conditions of Council are satisfied.

5.f

Development Variance Permit (DVP00581) - 4803 Pleasant Valley Road

• THAT Council support Development Variance Permit 00581 (DVP00581) to vary Sign Bylaw 4489, Part III, Section A.1. for Lot A, Sec 11, TP 8, ODYD, Plan EPP21497 (4803 Pleasant Valley Road), as outlined in the report titled “Development Variance Permit Application for 4803 Pleasant Valley Road” dated November 30, 2022 and respectfully submitted by the Current Planner, by increasing the maximum sign area of Fascia Signs on a building wall for two street frontages from 28m² to 68.8m², in addition to existing business name signs, as follows:

  1. 11 signs, each 4ft², for a combined sign area of 44ft² (4.1m²) on the south elevation (fronting Silver Star Road);
  2. 5 signs, each 105.8ft², for a combined sign area of 529.1ft², plus 2 signs, each 41.9ft², for a combined sign area of 83.8ft² and a total area of 612.9ft² (56.9m²) on the west elevation (fronting Pleasant Valley Road); and
  3. 2 signs, each 41.9ft², for a combined sign area of 83.8ft² (7.8m²) on the north elevation (fronting the parking lot);

  AND FURTHER, that Council’s support of DVP00581 is subject to the following:

  1. That the signage generally complies with the elevation drawings (Attachment 3) to be attached to and form part of DVP00581.

5.f.1

Public Input - DVP00581

Public Input for Development Variance Permit DVP00581 for Lot A, Sec 11, TP 8, ODYD Plan EPP21497 (4803 Pleasant Valley Road).

5.f.2

Permit Issuance - DVP00581

• THAT the Corporate Officer be authorized to issue Development Variance Permit DVP000581 for Lot A, Sec 11, TP 8, ODYD Plan EPP21497 (4803 Pleasant Valley Road), to vary Sign Bylaw 4489, Part III, Section A.1., once all conditions of Council are satisfied.

5.g

Development Variance Permit (DVP00588) - 4816, 4960 and 5000 Silver Star Road

• THAT Council support Development Variance Permit Application 00588 (DVP00588) to vary the following sections of Sign Bylaw 4489 to allow for three freestanding signs to be constructed on Lots 1 and 2, Plan EPP91551, Sec 2, Twp 8, ODYD (4816 and 5000 Silver Star Road) and on Lot B, Plan 39472, Sec 2, Twp 8, ODYD (4960 Silver Star Road):

  1. to vary the minimum clearance of freestanding signs from 2.75m to 1.6m (Part III Section C.3.a); and
  2. to vary the freestanding signs location to be 1.0m from the property line and the signage area to be located from 1.6m instead of 2.75m (Part III Section C.3.b);

  AND FURTHER, that Council’s support of DVP00588 is subject to the following:

  1. the site plan and signs elevation generally noted as Attachments 2 and 3 contained in the report titled “Development Variance Permit for 4816, 4960 and 5000 Silver Star Road” dated November 16, 2022 and respectfully submitted by the Economic Development Planner be attached to and form part of DVP00588 as Schedule ‘A’.

5.g.1

Public Input - DVP00588

Public Input for Development Variance Permit DVP00588 for LT 1 & 2, Plan EPP91551 and LT B, Plan 39472, Sec 2, TWP 8 ODYD (4816, 4960 and 5000 Silver Star Road)

5.g.2

Permit Issuance - DVP00588

• THAT the Corporate Officer be authorized to issue Development Variance Permit DVP00588 for Lots 1 and 2, Plan EPP91551, Sec 2, Twp 8, ODYD (4816 and 5000 Silver Star Road) and on Lot B, Plan 39472, Sec 2, Twp 8, ODYD (4960 Silver Star Road), to vary  Sign Bylaw 4489 to allow for three freestanding signs to be constructed, once all conditions of Council are satisfied.

6.

COUNCIL INQUIRIES

7.

ADMINISTRATION UPDATES

• THAT Council receive the Administration Updates dated December 12, 2022 for information.

8.

UNFINISHED BUSINESS

8.a

Kin Race Track Athletic Park - Project Update (6140-20)

• THAT Council receive the memorandum titled “Kin Race Track Athletic Park – Project Update” dated December 1, 2022, respectfully submitted by the Manager, Infrastructure for information

8.b

Child Care Space Creation Projects Completion (8215-15)

• THAT Council receive for information the memorandum titled "Child Care Space Creation Projects Completion", dated December 2, 2022 and respectfully submitted by the Manager, Community Recreation.

8.c

2023 Budget Deliberations and Snow Removal Enhancements (1700-02 -2023)

• THAT Council receive for information the memorandum titled “2023 Budget Deliberations and Snow Removal Enhancements” dated December 6, 2022 respectfully submitted by the Director, Financial Services.

9.

MATTERS REFERRED

10.

NEW BUSINESS

10.a

Proposed Climate Action Plan Priorities for 2023 - 2026 Strategic Plan (0540-20)

• THAT Council receive the seven identified priority areas of the City of Vernon Climate Action Plan, selected by the Climate Action Advisory Committee, as presented in Attachment 1 and attached to this memorandum titled "Proposed Climate Action Plan for 2023 - 2026 Strategic Plan", dated November 28, 2022 and respectfully submitted by the Climate Action Implementation Coordinator;

  AND FURTHER, that Council consider the seven priority areas for inclusion in the 2023-2026 Strategic Plan.

10.b

Review of Agricultural Land Reserve Regulations (6450)

• THAT Council direct Administration to prepare a text amendment for its consideration to update agricultural zones in Zoning Bylaw 5000 to align with Agricultural Land Commission regulations and relevant legislation as outlined in the report titled “Review of Agricultural Land Reserve Regulations”, dated December 1, 2022, and respectfully submitted by the Current Planner;

  AND FURTHER, that Council direct Administration to prepare amendments to the Official Community Plan and Zoning Bylaw to ensure all Agricultural Land Reserve properties are designated as ALR in the Official Community Plan and zoned A1 – Agriculture within the ALR, as well as ensure properties not within the Agricultural Land Reserve are not designated as ALR in the Official Community Plan and are zoned A2 – Rural Large Holdings or A3 – Rural Small Holdings as appropriate based on parcel size;

  AND FURTHER, that Council direct Administration to forward draft amendment bylaws to the Agricultural Land Commission for review prior to Council’s consideration.

10.c

Zoning Bylaw Review - Storeys to Regulate Building Height (6450)

• THAT Council support removing the measurement of maximum building height using storeys from Zoning Bylaw 5000 as outlined in the report titled “Zoning Bylaw Review – Storeys to Regulate Building Height”, dated November 23, 2022, and respectfully submitted by the Current Planner;

  AND FURTHER, that Council direct Administration to prepare a draft amendment to Zoning Bylaw 5000 that would remove the measurement of maximum building height using storeys for its consideration.

10.d

Zoning Bylaw 5000 Amendments - Drive-Through Uses (6450)

• THAT Council direct Administration to prepare amendments to Zoning Bylaw 5000 to remove ‘drive-through services’ and ‘drive-through vehicle services’ as permitted uses within the City Centre Neighbourhood Plan Area as outlined in the report titled “Zoning Bylaw 5000 Amendments – Drive-Through Uses” dated November 29, 2022 and respectfully submitted by the Transportation Planner;

  AND FURTHER, that Council direct Administration to prepare amendments to Zoning Bylaw 5000 to revise the specific use regulations for ‘vehicular oriented uses’ to improve traffic flow where ‘drive-through services’ and ‘drive-through vehicle services’ may still be permitted;

  AND FURTHER, that Council direct Administration to bring the proposed City Centre drive-through amendments to Zoning Bylaw 5000 to the Transportation Advisory Committee, Climate Action Advisory Committee, Economic Development Advisory Committee, and Advisory Planning Committee for review and comment;

  AND FURTHER, that Council direct Administration to consult with the Transportation Advisory Committee, Climate Action Advisory Committee, and Economic Development Advisory Committee, Advisory Planning Committee on their input to extend drive-through prohibitions to the remainder of the city;

  AND FURTHER, that Council direct Administration to provide the proposed amendments to Zoning Bylaw 5000 for Council’s consideration by March 2023.

10.e

Active Living Centre Integrated Project Delivery (1220-23-01-REC)

• THAT Council receive for information the memorandum titled “Active Living Centre Integrated Project Delivery” dated December 2, 2022 and respectfully submitted by Chris Sheel, Manager, Procurement Services and Doug Ross, Director, Recreation Services;

  AND FURTHER, that Council approve the proposed Integrated Project Delivery process, and the related 4-year budget, source of funds Active Living Centre capital budget.  

11.

LEGISLATIVE MATTERS

11.a

Bylaws for Adoption

11.a.1

Bylaw 5929

• THAT Bylaw 5929, “Sewer User Rates (Rate Increases) Amendment Bylaw Number 5929, 2022”, a bylaw to amend the Sewer User Rates Bylaw Number 5400, 2013, be adopted.

11.a.2

Bylaw 5930

• THAT Bylaw 5930, “Fees and Charges (High Strength Waste Discharge Rate Increase Amendment Bylaw 5930, 2022”, a bylaw to amend the surcharge for high strength wastes discharged to the City of Vernon sanitary system, be adopted.

11.a.3

Bylaw 5931

• THAT Bylaw 5931, “Fire Services (Ice and Swift-Water Rescue) Amendment Bylaw Number 5931, 2022”, a bylaw to amend the Fire Services Bylaw 5635, be adopted.

11.b

Bylaws for First and Second Readings and Set Public Hearing Date

11.b.1

Bylaw 5934

• THAT Bylaw 5934 "Zoning Text (C10A - Tourist Commercial and Residential) Amendment Bylaw 5934, 2022", a bylaw to add additional commercial uses and update development regulations in the C10A - Tourist Commercial and Residential zoning district within the City of Vernon, be read a first and second time;

  AND FURTHER, that the Public Hearing for Bylaw 5934 be scheduled for Monday, January 9, 2023 at 5:30 pm in the Council Chambers.

12.

COUNCIL INFORMATION UPDATES

12.a

Mayor and Councillors Reports

13.

INFORMATION ITEMS

13.a

Correspondence

13.b

Minutes from Council Committees

14.

RECESS MEETING

NOTES:

1. 5:30 pm - Public Hearing for "1609 43rd Ave Rezoning Amendment Bylaw 5927, 2022" 

15.

RECONVENE MEETING

15.a

Bylaw for Third Reading

15.a.1

Bylaw 5927

• THAT Bylaw 5927, "1609 43rd Ave Rezoning Amendment Bylaw 5927, 2022", a bylaw to rezone the subject property from "R5 - Four-plex Residential" to "RH2 - Stacked Row Housing Residential, be read third time;

  AND FURTHER, that the Corporate Officer be authorized to issue Development Variance Permit DVP00569 to vary Zoning Bylaw 5000 for Lot 1, Sec 2, TP 8, ODYD, Plan KAP48497, once all conditions of Council are satisfied and “1609 43rd Ave Rezoning Amendment Bylaw 5927, 2022” is adopted.

16.

CLOSE OF MEETING