THAT Temporary Use Permit TUP-18-01 for Eldorado Ranch Ltd. c/o C. MacPherson to operate an outdoor petting zoo business (Kangaroo Creek Farm) to take place on part of Lot 2, Plan 3497, District Lot 120, ODYD – 5932 Old Vernon Road be issued subject to the following conditions:
- There be no changes to the proposed site plan or site footprint prepared by Ecoscape Environmental Consultants Ltd. dated May 6, 2019;
- Operate the business only between the months of March through to October;
- Receipt of approval from the RDCO Manager of Fire Services regarding an evacuation plan;
- Receipt of approval from Interior Health regarding hand washing facilities;
- The applicant to obtain a commercial access permit from the Ministry of Transportation and Infrastructure;
- Obtain an annual RDCO Business License;
- No permanent structures are to be constructed or situated on the site;
- Use of water from Mill Creek is unauthorized;
- Parking area to be converted and restored after non-farm use ceases (e.g. gravel removal);
- Should the temporary use cease on the property, all materials related to the business are to be removed from the property to the satisfaction of the RDCO;
- Existing on-site services (water and sewer) will not be used to support the operation of the business unless authorized by Interior Health and the Ministry of Forests, Lands, Natural Resource Operations and Rural Development;
- No impact to the operation and/or maintenance of Kelowna International Airport (YLW);
- The applicant is to apply for and receive building permits for all temporary buildings or structures over 10 m2 to the satisfaction of the RDCO Building Inspection Services;
- All parking to be contained on site in accordance with the parking plan prepared by Jade Bay Constructions Ltd. dated May 8, 2019;
- Installation of appropriate fencing/landscape buffering as determined by the ALC;
- In accordance with the RDCO Noxious Weed Control Bylaw No. 179, the owner or occupier of the land shall prevent the infestation of noxious weeds and cut down or otherwise destroy and mulch or remove all noxious weeds and plant with native grasses or other native vegetation;
- No further buildings, structures, land clearing, vegetation removal, or activity related to the outdoor petting zoo business is permitted within 30 metres of the High Water Mark/Top of Bank of Mill Creek; other than that recognized and approved in this Permit;
- All riparian restoration and mitigation activities must be completed as per the recommendations contained in the April 4, 2019 Memorandum conducted by Ecoscape Environmental Consultants Ltd. to the original April 2018 Environmental Assessment conducted by Ecora Engineering and Resource Group Ltd.;
- The applicant shall post a Letter of Credit or bank draft in the amount of $13,375.00 in order to ensure completion of riparian restoration works and the removal of the materials used for the parking lot, driveway, and other crushed gravel pads associated business after non-farm use ceases. Ninety per cent (90%) of this amount is refundable upon completion of said works and receipt of a substantial completion report signed by a registered professional. The remainder of the bond shall be held to the satisfaction of Regional District Community Services staff;
- The land owner shall obtain the services of an Environmental Monitor to ensure the recommendations of the Development Permit are implemented;
- Best Management Practices are to be used as a means to protect the riparian area;
- The Environmental Monitor shall submit monitoring reports as needed and shall prepare a substantial completion report upon completion of construction and restoration works indicating substantial completion of the conditions and requirements of the Development Permit have been carried out; and
- In the event that greater disturbance occurs due to unforeseen circumstances, the Environmental Monitor will recommend further measures to protect/restore the natural integrity of the site and report on these measures to the RDCO.
AND FURTHER THAT the Temporary Use Permit shall expire on May 27, 2022, and all uses temporarily authorized by the Permit shall cease upon expiry of the Permit, unless otherwise authorized.