REGULAR AGENDA REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING Wednesday,

REGULAR AGENDA REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING Wednesday,
REGIONAL DISTRICT OF NORTH OKANAGAN
BOARD of DIRECTORS MEETING
Wednesday, October 15, 2014
4:00 p.m.
REGULAR AGENDA
A.
APPROVAL OF AGENDA
1. Board of Directors – October 15, 2014
(Opportunity for Introduction of Late Items)
(Opportunity for Introduction of Late Items – In Camera Agenda)
RECOMMENDATION 1
(Unweighted Corporate Vote – Simple Majority)
That the Agenda of the October 15, 2014 regular meeting of the Board of Directors
be approved as presented.
B.
ADOPTION OF MINUTES
1. Board of Directors – October 1, 2014
RECOMMENDATION 2
Page 1
(Unweighted Corporate Vote – Simple Majority)
That the minutes of the October 1, 2014 meeting of the Board of Directors be
adopted as circulated.
2. Public Hearing [Bylaw 2606] – October 1, 2014
RECOMMENDATION 3
Page 5
(Unweighted Corporate Vote – Simple Majority)
That the minutes of the October 1, 2014 Public Hearing [Bylaw 2606] of the Board of
Directors be adopted as circulated.
C.
DELEGATIONS
1. Kevin Poole, City of Vernon – Hotel Room Tax
− Letter dated October 6, 2014 from Kevin Poole, City of Vernon
Page 7
Board of Directors Agenda – Regular
D.
-2-
October 15, 2014
UNFINISHED BUSINESS
1. Bylaw 2606 – Zoning Text Amendment [Medical Marihuana]
− Staff report dated October 6, 2014
RECOMMENDATION 4
(Part 26 – Special Voting – Includes Electoral Areas Only)
That Zoning Text Amendment Bylaw No. 2606, 2013 be Adopted.
Page 17
2. Bylaw 2613 – Zoning Text Amendment [Mineral Extraction]
File No. 13-0317-B-TA
− Staff report dated September 30, 2014
RECOMMENDATION 5
Page 23
(Part 26 – Special Voting – Includes Electoral Areas Only)
That Zoning Text Amendment Bylaw No. 2613, 2013 which proposes to amend
regulations related to limited resource uses within the Country Residential (C.R)
Zone be Adopted.
3. Bylaw 2640 – BX Swan Lake Firehall Expansion Loan Authorization
− Staff report dated September 16, 2014
RECOMMENDATION 6
Page 28
(Unweighted Corporate Vote – Simple Majority)
That staff be authorized to proceed with obtaining the approval of the electors by
Alternative Approval Process for the BX Swan Lake Firehall Expansion Loan
Authorization Bylaw No. 2640, 2014; and further,
That the elector response form attached to the report dated September 16, 2014 re:
BX Swan Lake Firehall Expansion Loan Authorization Bylaw No. 2640, 2014 be
approved; and further,
That the estimated number of eligible voters to which the Alternative Approval
Process applies be established as 4,625; and further,
That the deadline for receiving elector responses be established as 4:00 pm,
Tuesday, November 25, 2014.
4. Bylaw 2645 – Kalamalka Lakeview Fire Protection Area Service Establishment
− Staff report dated September 26, 2014
RECOMMENDATION 7
Page 31
(Unweighted Corporate Vote – Simple Majority)
That Kalamalka Lakeview Fire Protection Service Area Establishment Bylaw No.
2645, 2014 be Adopted.
Board of Directors Agenda – Regular
-3-
October 15, 2014
RECOMMENDATION 8
(Weighted Corporate Vote – Simple Majority)
That the Regional District of North Okanagan be authorized to enter into the
Kalamalka Lakeview Area Fire Service Agreement with the City of Vernon.
E.
NEW BUSINESS
1. Bylaw 2657 – Rezoning
SILCHENKO, Elvera [File No. 14-0240-E-RZ]
− Staff report dated September 23, 2014
RECOMMENDATION 9
Page 49
(Part 26 – Special Voting – Includes Electoral Areas Only)
That as recommended by the Electoral Area Advisory Committee, Rezoning Bylaw
No. 2657, 2014 which proposes to rezone the property legally described as Lot 2,
Sections 26 and 35, Twp 45, ODYD, Plan 24879 and located at 1377 Highway 6,
Electoral Area “E” from the Non-Urban (N.U) zone to the Country Residential (C.R)
zone be given First and Second Readings and referral to a Public Hearing.
2. Bylaw 2660 – Electoral Area 2015 Property Tax Exemption
− Staff report dated October 6, 2014
RECOMMENDATION 10
Page 58
(Unweighted Corporate Vote – 2/3 Majority)
That Electoral Area 2015 Property Tax Exemption Bylaw No. 2660, 2014 be given
First, Second and Third Readings; and further,
That Electoral Area 2015 Property Tax Exemption Bylaw No. 2660, 2014 be
Adopted.
3. Development Permit with Variances Application and Floodplain Exemption
Request
RIVER’S END ESTATES LTD. c/o Walter Flathen
[File No. 14-0028-F-DP / 14-0029-F-DVP]
− Staff report dated September 15, 2014
RECOMMENDATION 11
Page 62
(Part 26 – Special Voting – Includes Electoral Areas Only)
That as recommended by the Electoral Area Advisory Committee, a Development
Permit with Variances be issued for the property legally described as Lot 2, Sec 22,
Twp 20, R8, W6M, KDYD, Plan 1471 Except Plans 28790 and H809 and located at
8192 Highway 97A, Electoral Area “F” to vary the following sections of the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003:
1. Section 505.3 by varying the maximum allowable height of cabins from the lesser
of 8 metres (26.25 feet) or two storeys to the lesser of 9.75 metres (32.0 feet);
2. Section 505.10.c by varying the maximum allowable size of accessory buildings
(sheds) from 7.432 m2 to 9.9 m2;
Board of Directors Agenda – Regular
-4-
October 15, 2014
3. Section 505.10.c by varying the maximum allowable size of the existing
accessory building located at site LS42 from 7.432 m2 to 11.15 m2;
4. Section 505.10.c by varying the maximum allowable size of a deck or sunroom
attached to a recreational vehicle from 50% of the Gross Floor Area of the
recreational vehicle to 50.0 m2;
5. Section 505.10.c by varying the maximum allowable height of sunroom walls
from three feet above the floor level to full wall height on the west side of the
Park Model sunroom addition located at site LS16 only; and further,
That the Development Permit with Variances contain the following conditions:
1. The dimensions and siting of the cabin sites, campsites, buildings and parking
areas on the land be in general accordance with the site plan attached as
Schedule ‘A’ to the Planning Department Report dated September 15, 2014;
2. The form and character of cabins to be constructed on the land be in general
accordance with the elevations attached as Schedule ‘B’ to the Planning
Department Report dated September 15, 2014. This hereby amends the
previous Development Permit No.02-0474-F-DP issued on February 12, 2003 by
replacing Schedule A.1;
3. The landscaping on the land be in general accordance with the landscape plan
attached as Schedule ‘C’ to the Planning Department Report dated September
15, 2014;
4. Accessory buildings (sheds) must be finished with materials to match the
recreation vehicle located on the same site. This hereby amends the previous
Development Permit No.02-0474-F-DP issued on February 12, 2003;
5. Development of the subject property shall be in accordance with Modification
Covenant CA3940183; and further,
That issuance of the Development Permit with Variances be withheld until the
Regional District of North Okanagan receives notification from the Ministry of
Environment that their conditions have been satisfied; and further,
That an exemption to Section 1701.3.b.i of the Regional District of North Okanagan
Zoning Bylaw No. 1888, 2003 be approved for the property legally described as Lot
2, Sec 22, Twp 20, R8, W6M, KDYD, Plan 1471 Except Plans 28790 and H809 and
located at 8192 Highway 97A, Electoral Area “F” to permit the Shuswap River
floodplain setback to be reduced from 30 m to 26.34 m for above grade cantilevered
decks attached to seasonal cabins located on Sites RS1 to RS16 as shown on the
site plan attached as Schedule ‘A’ to the Planning Department Report dated
September 15, 2014.
4. Community Works Fund #096
− Staff report dated September 18, 2014
RECOMMENDATION 12
Page 82
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, the Mabel Lake
Water Utility water quality testing be funded from the Electoral Area “F” allocation of
the Community Works Fund at a cost of $12,000.00.
Board of Directors Agenda – Regular
-5-
October 15, 2014
5. Enhanced Boat Patrol Program for 2015
RECOMMENDATION 13
(Weighted Stakeholder Vote –Includes Electoral Area Only)
That as recommended by the Electoral Area Advisory Committee, staff be directed to
enter into negotiations with the Conservation Officer Service for an Enhanced Boat
Patrol Program for the 2015 season at the same funding level as 2014 ($21,000).
6. Review of Private Hydrant Policies and Rates
− Staff report dated September 18, 2014
RECOMMENDATION 14
Page 88
(Customized Stakeholder Vote – Includes Coldstream, Vernon, and Electoral Areas
“B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, staff be directed
to develop a policy and procedure to monitor annual maintenance of private
hydrants; and further,
That the information provided in the staff report dated September 18, 2014 titled
Review of Private Hydrant Policies and Rates be used in the 2015 Greater Vernon
Water rate setting discussion to review the current unmetered fire main rates and
adjust the rates appropriately.
7. Reservoir Contribution Fee – North End of Swan Lake
− Staff report dated September 12, 2014
RECOMMENDATION 15
Page 91
(Customized Stakeholder Vote – Includes Coldstream, Vernon, and Electoral Areas
“B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, all reservoir
contribution fees paid by development in the North Swan Lake area for a reservoir in
the North Swan Lake corridor remain in the deferred revenue to meet the required
reservoir capacity for a maximum day demand plus fire flow.
8. Greater Vernon Water Billing – 7333 Sunridge Road, Vernon, BC
− Staff report dated September 12, 2014
RECOMMENDATION 16
Page 103
(Customized Stakeholder Vote – Includes Coldstream, Vernon, and Electoral Areas
“B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, the request from
Mr. Weller for a refund for unmetered water charges incurred from the second (2nd)
quarter of 2011 to the fourth (4th) quarter of 2012 at 7333 Sunridge Road, be denied.
Board of Directors Agenda – Regular
-6-
October 15, 2014
9. Gateway Signage – Greater Vernon
− Staff report dated October 6, 2014
RECOMMENDATION 17
Page 107
(Unweighted Corporate Vote – Simple Majority)
That the Report ‘Gateway Signage – Greater Vernon’ be received for information and
direction.
F.
BUSINESS ARISING FROM DELEGATIONS
G.
REPORTS
1. Standing and Select Committees
RECOMMENDATION 18
Page 109
(Unweighted Corporate Vote – Simple Majority)
That the minutes of the following meetings be received for information:
− Greater Vernon Advisory Committee – Regular – October 2, 2014 (unadopted)
− Electoral Area Advisory Committee – Regular – October 2, 2014 (unadopted)
2. External Committee Reports
3. Chief Administrative Officer’s Report
4. Chair’s Report
H.
IN CAMERA
RECOMMENDATION 19
(Unweighted Corporate Vote – Simple Majority)
That, pursuant to Section 92 of the Community Charter, the regular meeting of the Board
of Directors convene In Camera to deal with matters deemed closed to the public in
accordance with Section 90(1)(e) of the Community Charter.
I.
REPORT FROM IN CAMERA
J.
ADJOURNMENT
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item B.1
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a REGULAR meeting of the BOARD of DIRECTORS of the REGIONAL
DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on
Wednesday, October 1, 2014.
Members: Director R. Fairbairn
Director S. Fowler
Director D. Dirk
Director H. Cyr
Director K. Acton
Director J. Brown
Director R. Sawatzky
Director J. Cunningham
Director C. Lord
Director M. O’Keefe
Director B. Fleming
Director M. Macnabb
Director E. Foisy
Director J. Pearase
Electoral Area “D”
City of Armstrong
District of Coldstream
City of Enderby
Village of Lumby
Township of Spallumcheen
City of Vernon
City of Vernon
City of Vernon
City of Vernon
Electoral Area “B”
Electoral Area “C”
Electoral Area “E”
Electoral Area “F”
Staff:
D. Sewell
L. Mellott
R. Smailes
D. McTaggart
P. Juniper
N. Kohnert
C. Mazzotta
T. Nelson
A. Kittel
C. Howkins
Chief Administrative Officer
General Manager, Electoral Area Administration
General Manager, Planning and Building
General Manager, Engineering
Deputy Corporate Officer
Regional Engineering Services Manager
Information Services Manager
Community Development Coordinator
Regional Growth Strategy Coordinator
Senior Clerk (taking minutes)
Also
Present:
Alt. Director J. Garlick
Councilor G. Kiss
T. Seibel
K. Flick
District of Coldstream
District of Coldstream
Chief Administrative Officer, District of Coldstream
Manager of Community Development,
City of Vernon
Media and Public
CALL MEETING TO ORDER
The meeting was called to order at 4:05 p.m.
Page 1 of 116
Vice Chair
Board of Directors Minutes – Regular
-2-
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item B.1
October 1, 2014
APPROVAL OF AGENDA
Board of Directors – October 1, 2014
Moved and seconded by Directors Acton and Cyr
That the Agenda of the October 1, 2014 regular meeting of the Board of Directors be approved
with the following addition:
– In Camera - Item F.1 – Section 90(1)(k)
CARRIED
ADOPTION OF MINUTES
Board of Directors – September 17, 2014
Moved and seconded by Directors Cunningham and Acton
That the minutes of the September 17, 2014 meeting of the Board of Directors be adopted as
circulated.
CARRIED
Public Hearing [Bylaw 2613] – September 17, 2014
Moved and seconded by Directors Acton and Fowler
That the minutes of the September 17, 2014 Public Hearing [Bylaw 2613] of the Board of
Directors be adopted as circulated.
CARRIED
Public Hearing [Bylaw 2652] – September 17, 2014
Moved and seconded by Directors Lord and Brown
That the minutes of the September 17, 2014 Public Hearing [Bylaw 2652] of the Board of
Directors be adopted as circulated.
CARRIED
DELEGATIONS
Lavington Community Association
Lyn McPherson, representing the Lavington Community Association, spoke regarding concerns
with booking community activities through School District 22 in the Lavington Community
School. She requested that the Board provide support for the historical booking procedure for
community activities at the Local Community School.
UNFINISHED BUSINESS
Bylaw 2606 – Zoning Text Amendment Bylaw No. 2606, 2013
Medical Marihuana
File No. 13-0257-B-TA / 3060.03.03
Moved and seconded by Directors Foisy and Fleming
That Zoning Text Amendment Bylaw No. 2606, 2013 be given Third Reading; and further,
Page 2 of 116
Board of Directors Minutes – Regular
-3-
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item B.1
October 1, 2014
That Zoning Text Amendment Bylaw No. 2606, 2013 be forwarded to the Ministry of
Transportation and Infrastructure for endorsement.
CARRIED
NEW BUSINESS
Bylaw 2659 – Municipal Solid Waste Management
Moved and seconded by Directors Sawatzky and Cyr
That Municipal Solid Waste Management Bylaw No. 2659, 2014 be given First, Second and
Third Readings.
CARRIED
Moved and seconded by Directors Sawatzky and Macnabb
That Municipal Solid Waste Management Bylaw No. 2659, 2014 be Adopted.
CARRIED
Appointment of Regional Voting Officers - 2014 Assent Voting
Moved and seconded by Directors Cunningham and Acton
That pursuant to Section 167(4) of the Local Government Act, Leah Mellott be appointed
Regional Voting Officer for conducting the 2014 Assent Voting; and further,
That Paddy Juniper be appointed Deputy Regional Voting Officer for the 2014 Assent Voting.
CARRIED
REPORTS
Standing and Select Committees
Moved and seconded by Directors Cunningham and Lord
That the minutes of the following meeting be received for information:
− Greater Vernon Advisory Committee – Special - September 11, 2014 (unadopted)
CARRIED
External Committee Reports
Directors provided updates on the 2014 Union of British Columbia Municipalities convention.
Moved and seconded by Directors Macnabb and Cyr
That a Committee of the Whole meeting be scheduled to provide a review of linear asset
insurance; and further,
That the Municipal Insurance Association be invited to attend.
CARRIED
Chief Administrative Officer’s Report
The Chief Administrative Officer provided an update on the ballot question for the Master Water
Plan Referendum.
Page 3 of 116
Board of Directors Minutes – Regular
-4-
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item B.1
October 1, 2014
IN CAMERA
Moved and seconded by Directors Dirk and Foisy
That, pursuant to Section 92 of the Community Charter, the regular meeting of the Board of
Directors convene In Camera to deal with matters deemed closed to the public in accordance
with Section 90(1)(e) and (k) of the Community Charter.
CARRIED
The regular meeting of the Board of Directors adjourned to meet In Camera at 5:17 p.m.
The regular meeting of the Board of Directors reconvened at 6:35 p.m.
ADJOURNMENT
There being no further business, the meeting was adjourned at 6:35 p.m.
CERTIFIED CORRECT
Vice Chair
Rick Fairbairn
Deputy Corporate Officer
Paddy Juniper
Page 4 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item B.2
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a PUBLIC HEARING (BYLAW 2606) of the BOARD of DIRECTORS of the
REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District
Office on Wednesday, October 1, 2014.
Members: Director R. Fairbairn
Director S. Fowler
Director D. Dirk
Director H. Cyr
Director K. Acton
Director J. Brown
Director R. Sawatzky
Director J. Cunningham
Director C. Lord
Director M. O’Keefe
Director B. Fleming
Director M. Macnabb
Director E. Foisy
Director J. Pearase
Electoral Area “D”
City of Armstrong
District of Coldstream
City of Enderby
Village of Lumby
Township of Spallumcheen
City of Vernon
City of Vernon
City of Vernon
City of Vernon
Electoral Area “B”
Electoral Area “C”
Electoral Area “E”
Electoral Area “F”
Vice Chair
Staff:
D. Sewell
R. Smailes
L. Mellott
D. McTaggart
P. Juniper
T. Nelson
A. Kittel
C. Howkins
Chief Administrative Officer
General Manager, Planning and Building
General Manager, Electoral Area Administration
General Manager, Engineering
Deputy Corporate Officer
Community Development Coordinator
Regional Growth Strategy Coordinator
Senior Clerk, Corporate Services
Also
Present:
Alt. Director J. Garlick
Councilor G. Kiss
Media and Public
District of Coldstream
District of Coldstream
CALL PUBLIC HEARING TO ORDER
The Chair called the Public Hearing to order at 4:00 p.m.
INTRODUCTION OF BYLAW
Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana]
Bylaw 2606, 2013 – Zoning Text Amendment
Purpose: A bylaw to amend the text of Zoning Bylaw No. 1888, 2003 to regulate medical
marihuana production facilities.
Page 5 of 116
Public Hearing Minutes
-2-
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item B.2
October 1, 2014
The General Manager, Planning and Building introduced Bylaw 2606 and advised that one
written submission had been received by the following person in opposition:
Barbara Beaton
3312 Highway 6, Electoral Areas “D”
PUBLIC PRESENTATIONS
No one present spoke to Bylaw 2606.
CLOSE PUBLIC HEARING
There being no one further to speak to Bylaw 2606, the Public Hearing was closed at 4:05 p.m.
CERTIFIED CORRECT
Vice Chair
Rick Fairbairn
Deputy Corporate Officer
Paddy Juniper
Page 6 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item C.1
\
~
P: 250.545.1361
F: 250.545.7876
City of Vernon
• 3400 30th Street
Vernon, BC V1T 5E6
CITY OF
vernon
October 6, 2014
David Sewell
Chief Administrative Officer
Regional District North Okanagan
9848 Aberdeen Road
Goldstream, BC V1 B 2K9
Re: Renewal of the City of Vernon Hotel Tax
The City of Vernon began collecting a two percent Municipal Regional District Tax
(formerly known as the Additional Hotel Room Tax) with accommodators in the City of
Vernon on March 1, 201 0. The agreement is in place for a five year period and expires
on February 28, 2015. To extend the tax for an additional five year period, a municipality
must re-apply. There is no restriction on the number of times a municipality can renew
the tax.
Since collection began, year over year growth has been extremely strong with current
year to date revenue up 26.85% over the same period in 2013. The table below highlights
the revenue received from the fund since inception.
$
$
$
$
35 149.52
46,008.33
60,983.09
71,608.62
75,141.02
46,232.59
Dec
Total
Page 7 of 116
www.vernon.ca
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item C.1
Section 3 of the Hotel Room Tax Act enables the imposition of a hotel room tax of up to
2 per cent on sales of accommodation in specified geographic areas of the province on
behalf of a municipality, regional district or prescribed eligible entity. The Ministry of
Finance has created Interim Guidelines that describe the process for both new and
renewal applications. The guidelines include a variety of application requirements
including the following:
~
~
~
~
~
~
A minimum requirement of 51% of accommodation properties and 51% of rooms
within the desired jurisdiction must be in agreement with the tax.
A business plan that meets all of the requirements set out in the Business Plan
Requirements document must be submitted with the application.
The jurisdiction must propose a hotel tax rate to a maximum of two percent.
That a new hotel tax bylaw be created and adopted prior to submitting the renewal
application.
If a municipality is applying, the municipality must provide evidence that the
regional district has been consulted and indicate whether the regional district
supports or opposes the imposition of the tax.
Evidence that the funds from the municipal and regional district hotel room tax are
incremental to existing sources of funds and are being utilized for the purposed of
tourism promotion and related infrastructure.
For the past several months, City of Vernon staff and volunteers from the City of Vernon
Tourism Advisory Committee have been meeting with accommodators in order to gain
their support for the renewal of the hotel tax. To date, approximately 60% of the properties
accounting for over 80% of the rooms have signed and supported the renewal application,
exceeding the minimum requirement. Staff are continuing to contact several remaining
accommodators.
The renewal application must be submitted four to six months in advance of the five year
expiry date in order to provide the lead time required for renewing the tax. If the application
is successful, the hotel tax will be in place from March 1, 2015 to February 28, 2020 . It is
estimated that this will provide in excess of $2 million for tourism marketing, programs
and projects during this time period .
We are seeking the support of the Regional District of the North Okanagan for the renewal
of the 2% hotel tax from 2015 to 2020.
Kevin Poole
Manager of Economic Development and Tourism
City of Vernon
Page 8 of 116
www .vernon .ca
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item C.1
Tourism Vernon - Background
Overview of the Municipal Regional District Tax (formerly the Additional Hotel Room Tax)
The municipal and regional district tax (MRDT) is a tax of 2% charged on sales of taxable accommodation
in participating municipalities and regional districts in BC. Currently, there are over 50 communities across
BC collecting the tax to promote tourism and finance new tourist facilities.
The MRDT applies to taxable accommodation sold in hotels, motels, resorts, hostels, bed & breakfasts and
other establishments offering short term accommodation. The tax is administered by the Ministry of
Finance under the Provincial Sales Tax Act. The Ministry of Finance charges an administration fee to cover
the cost of administering the tax, and provides the balance of the tax collected to the municipality,
regional district or eligible entity on a monthly basis.
The Vernon agreement will expire on February 28, 2015 and Vernon accommodators are being contacted
to assess their interest in committing to a renewal of the agreement to extend it a further five years from
March 1, 2015 to February 29, 2020. The application must be submitted to the Province of BC between
September 1 and October 31, 2014.
Each application must indicate that a minimum of 51% of the properties and 51% of the rooms in a
community or defined area, agree to implement the tax. Without this investment for tourism, our
community and tourism sector would take a step backwards in positioning ourselves as premier
destination in North America.
Overview of the Vernon Municipal Regional District Tax
There are approximately 25 accommodators, depending on time of year, representing over 1,500 rooms
collecting the MRDT in Vernon. These accommodators have been collecting the MRDT since March 2010.
The chart below highlights the revenue and growth experienced during this time. For the first five months
of 2014, revenue are up over 39% over the same period in 2013.
City of Vernon - Hotel Tax Revenue
$500,000
$450,000
$438,495.00
$400,000
$406,768.75
$350,000
$300,000
$250,000
$348,157.38
$286,994.22
$200,000
$150,000
$100,000
$50,000
$0
2010
2011
*2010 Revenues are from March – December
2012
1|Page
Page 9 of 116
2013
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item C.1
Who administers the MRDT in Vernon?
The City of Vernon administers the funds collected from the MRDT funds, through the brand of “Tourism
Vernon”. The funds are overseen and directed by industry stakeholders through the Tourism Advisory
Committee.
Tourism Advisory Committee (TAC)
The Vernon Tourism Advisory Committee is a committee of the City of Vernon who represent a broad
spectrum of the tourism sector and provide advice and recommendations regarding use of the MRDT.
They provide input into the annual marketing plan and budget and provide approval prior to plans
being presented to Council. On matters funded by the MRDT, the 4 representatives of the
accommodation sector receive a weighted vote (2:1).
TAC members also advocate on issues affecting the tourism sector in our community. The committee
meets on a monthly basis and has subcommittees working and advising on various initiatives and
projects. Meetings are posted on the City of Vernon website (www.vernon.ca) and are open to the
public. Delegations or those who wish to address TAC are asked to submit a request to the Chair and
staff liaison in order to be placed on the agenda.
Members are appointed by Council based on applications received. The members represent sectors
of industry and are appointed for two year terms. Information on the committee can be found at:
http://www.vernon.ca/index.php/council/committees
The following industry individuals currently represent the tourism industry on TAC:
Weighted votes (2:1):
Claus Larsen
Joan Spencer
Ed Buie
Joaquin (Jay) Bolbrugge
Best Western Plus Vernon Lodge (Accommodation over 80 rooms)
Village Green Hotel (Accommodation over 80 rooms)
Journey Inn (Accommodation under 80 rooms) (Chair)
Tiki Village (Accommodation under 80 rooms)
Non-weighted votes:
Ingrid Baron
Kevin O'Brien
Terry Yacyshen
Roseanne Van Ee
Aaron Deans
Dan Rogers
Lara Konkin
Vacant
Creative Chaos (Culture/Events sector)
Kalavida Surf Shop (Attractions Sector)
The Rise (Golf sector) (Vice-Chair)
Outdoor Discoveries (Community at large representative)
Allan Brooks Nature Centre (Outdoor/Sports sector)
Greater Vernon Chamber of Commerce
Downtown Vernon Association
Silver Star Resort
Non-voting (City of Vernon):
Councilor Catherine Lord Alternate: Councilor Mary Jo O'Keefe
Kevin Poole, Manager of Economic Development and Tourism
2|Page
Page 10 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item C.1
Does the City of Vernon contribute towards Tourism Marketing?
Yes, the City of Vernon contributes funding and in kind support towards the Tourism function outside of
revenue collected by the MRDT. In 2013, the Tourism department collected approximately $68,000 in
revenue from partnerships, grants and racking fees and spent approximately $251,000 on a variety of
tourism initiatives (net $183,000). This does not include staff time from other departments that assist in
making the function a success. These include resources from Administration, Community Development,
Economic Development, Finance, Information Systems, Operations and Human Resources.
What is the objective of the MRDT funding?
It is the mission of Tourism Vernon to promote, protect and enhance Vernon’s position as one of North
America’s premier holiday and lifestyle destinations through the execution of targeted marketing
programs.
In order to achieve its objectives, Tourism Vernon’s Destination Marketing Initiative and all of its inherent
programs abide by the following Guiding Principles:
•
Tourism Vernon seeks to effectively communicate the Vernon destination experience to domestic
and international targeted media, leisure, small group markets and sports related tourism.
•
Tourism Vernon seeks to support the delivery of affordable, quality guest services to our
destination’s guests.
•
Tourism Vernon seeks to support visitor management through encouraging ‘on and off-peak’
seasonal travel patterns.
•
Tourism Vernon will work with all Vernon visitor-serving businesses and community stakeholders
to encourage informed consensus and active support for initiatives that impact tourism.
The City of Vernon relies heavily on input from the industry with regards to dispersment of funds and
marketing of Vernon as one of North America’s top destinations and for this reason a Tourism Advisory
Committee was put in place.
How are tourism and marketing activities decided?
In 2009, Vernon participated in the Community Tourism Foundations program led by Tourism BC (now
Destination BC). This program included a series of community workshops and interviews with key
stakeholders and resulted in a comprehensive plan titled the “Vernon Tourism Development Plan 2010 –
2015”. It outlined 33 strategies and over 129 tactics to support tourism development in our community.
Each year an annual work plan, based on specific strategies and tactics in the document as well as those
brought forward by TAC, is developed, approved and implemented.
We have applied for a grant through Destination BC and TOTA to ‘refresh’ this development plan
document later in 2014.
All MRDT revenue received is held in a specific budget and is only used for tourism purposes as approved
in the annual budget and marketing plan. This plan and budget is approved by Council and made available
online in the “Industry” “News” pages of the Tourism Vernon website.
http://www.tourismvernon.com/index.php/tourism-services/industry/news
3|Page
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BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item C.1
The marketing plan is based on projected MRDT revenue collection for the next year. As final amounts of
annual revenue are not known until March 30 of the following year, any amounts not spent in the current
year are applied to the following year’s plan.
The marketing allocations are broadly categorized into areas such as Campaigns, Co-op Marketing,
Media/Familiarization Trips, Memberships/Associations, Projects, Publications/Print, Sales/Shows and
Web/Online.
What has been done in the past 4 years?
The following is a review of some of the activities taken by the Tourism Advisory Committee (TAC) on
behalf of the tourism sector to promote and market Vernon over the past 4 years using the MRDT
revenues collected.
Campaigns: Each Spring and Fall, integrated campaigns are undertaken
using print, radio, TV and web based promotion. Primary markets are
Lower Mainland, Southern Alberta and Northern BC/AB.
Co-Op Marketing: provides 50% cost sharing for marketing activities in
partnership with tourism businesses or consortiums.
Criteria and eligibility are covered by approved policy.
Media/Familiarization Trips: covers costs associated with hosting media
and/or tour operators interested in writing about or selling travel to
Vernon.
Memberships/Associations: covers costs associated with memberships in
organizations such as Mountain Bike Tourism Assn., Travel Media Assn of
Canada, Tourism Calgary, etc. These associations provide benefits to and
support for our tourism activities.
Projects: projects can include research (web analytics/behavior, accommodation surveys, specific market
segmentation, contesting), information (consumer and industry e-newsletters) and development of
experience based products (trail guides, farm guides, mapping, wayfinding, photography)
4|Page
Page 12 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item C.1
Publications/Print: Although print advertising is being reduced
each year, print still plays an important role in marketing. Each
year we position Vernon through regional/provincial guides, our
official visitor guide, brochure production and key high profile
advertising in publications such as inflight magazines and
Westworld.
Sales/Shows: Includes consumer shows such as outdoor shows in
our key markets or sales shows directed at media or tour
operators such as Canada’s West Marketplace and Rendez-Vous
Canada
5|Page
Page 13 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item C.1
Web/Online: Greater investment is being placed in our
online activities and online marketing as this channel is
gaining exponential importance each year.
SEO,
audio/video production, website enhancements, social
media channels (Facebook, Twitter, Instagram, Pinterest,
blogging, etc) are proving to be effective ways to engage
our audience.
Annual Tourism Meeting
Each year in November, a community tourism meeting is held. Tourism businesses are invited but the
meeting is public and any interested parties may attend. The meeting provides an update on results of
marketing efforts as well as plans for the future. There is also an opportunity for input from industry and
networking with stakeholders on various topics.
Tourism Exchange
Held at least once a year usually in Spring/early Summer, this event offers an opportunity for tourism
businesses to connect with one another prior to the busy summer season. Brochures can be exchanged
to encourage cross-promotion and new partnerships are often created at this meeting.
Booking.com
In response to requests from industry and Council to create an
accommodation reservation service, we became an affiliate partner of
Booking.com. Booking.com was chosen as the majority of accommodators
were already partnering with Booking.com and accommodators felt their customer service was superior
to other online systems. Being an affiliate provides us with a revenue stream and offers the option for
visitors to book their accommodations directly on the tourismvernon.com website.
EQ (Explorer Quotient)
The EQ is a method of market segmentation that is based on values, attitudes and travel preferences. It
was created by the Canadian Tourism Commission and has been adopted by the Thompson Okanagan
Tourism Assn. and Tourism Vernon. We focus on four traveler types: Authentic Experiencers, Free
Spirits, Rejuvenators and Cultural Explorers. The words we use in marketing, the experiences we
promote and the photos we use for advertising and guides are
developed to appeal to these specific types.
E-newsletters
Quarterly e-newsletters are sent to over 2500 consumer subscribers
who have opted into receiving them through our contests. An industry
e-newsletter is also forwarded to over 330 industry subscribers
approximately every 3 months.
6|Page
Page 14 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item C.1
Benchmarking
Measuring our activities is critical. As we market a destination, some activities are difficult to measure.
For example, ads in publications with a general call to action are difficult to measure for converting to
‘heads in beds’. Often we will use contests as a motivator to engage with us through radio, TV, print or
online. Contest entries provide us with valuable data on interest, motivations and demographics of
potential visitors.
Measuring effectiveness online is critical. In 2013, we had a third party analyze our online presence and
effectiveness in our social media efforts. Measurements were taken in January, a strategic plan to increase
engagement and focus was developed and the results were evaluated in December. Here are some
metrics for our online engagement.
Online
Klout scores
Facebook Likes
Twitter Followers
Website
Jan 2013
Dec 2013
45
61
619
2834
639
1208
Visitors up more than 50% from 2011
Accommodation measurements are taken from 7 – 8 properties who have agreed to share their stats with
us. These properties represent between 45 – 51% of the hotel/motel rooms in our community. We have
now collected one full year of stats on important data such as origin of guests, length of stay, ADRR,
occupancy, revenue and purpose of visit. This information is shared with TAC and is used in our marketing
efforts.
Visitor Centre
The Vernon Visitor Centre is a key component of our front line marketing efforts. Although numbers of
visitors to the centre have declined over the past 6-7 years due to the rapid increase of online resources,
we know that a Visitor Centre is still needed to assist the traveling public.
When the original hotel tax application was submitted in 2009, the tourism industry chose to set aside
some of the revenue to build a fund for ‘tourism infrastructure’ including for the relocation of the Visitor
Centre to a central location. $200,000 from the reserve along with $92,000 from the City of Vernon was
used to renovate a building on the Civic Arena site and consolidate the year round centre, located in a
leased premise within the Watson House on Hwy 97 South, and the seasonal centre located on Hwy 97
North opposite Art Knapp’s Plantland. The new centre, with its centralized location, good road and
highway access and lots of parking, as well as a seasonal sani-dump; opened in June 2014. For the facts
on the relocation and the reasons behind it, we have produced a document available at
http://www.vernon.ca/council/visitor_services.html
Focused and Flexible Delivery
In order to achieve its ‘General Objectives’ and for our future success, Vernon Tourism is seeking to
support effective marketing programs that communicate Vernon’s experience and destination attributes
whilst incorporating clearly defined targets and tactics that seek to return measureable results.
Accordingly, Tourism Vernon has identified a number of key focus areas:
•
•
Incentive and Promotional Programs
Business-focused marketing to increase Meetings and Conventions
7|Page
Page 15 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item C.1
•
•
•
•
•
•
•
Media/ Public Relations
Website and Internet (Infrastructure) – Desktop and Mobile
Advertising and Collateral
Sports Tourism
Cultural Tourism
Research
Education and Training
These key areas of operation represent the critical points of contact in both the delivery channels
(delivering information or the message) and operational supply chain (receiving feedback or analyzing the
message).
In this way, Tourism Vernon can ensure that there is far greater operational control of the Vernon core
message moving forward and far more flexibility in adapting (or ‘tweaking’) this ‘message’ and/ or its
delivery should it be needed.
Evaluation and Measurable Outcomes*
Vernon Tourism looks to Third-Party Organizations and industry to provide clarity of message, a strong
vision and a defined operational infrastructure (however small) with both its internal management and
that of its suppliers (including a structure in the chains of command). In addition, that there be sufficient
checks and balances in place to provide Vernon Tourism (and the Third-Party Organization itself) with
clear reporting and benchmarking via the collation of information. A combination of these factors will
indicate a coherent strategy and professional approach.
Vernon Tourism looks to evaluate the success of individual and overall marketing initiatives based on a
number of key performance indicators (KPIs) that will enable it to provide a true picture of success,
including (though not exclusively) the following:
Measurable Outcomes:
• Event attendance numbers
• Revenue
• Occupancy data.
• Total room revenue (direct bookings).
• Growth in Vernon’s overall occupancy rate.
• Growth in revenue per available room (RevPAR).
• Growth in the number of travel enquiries:
- Number of visitors to the Vernon Visitor Centre.
- Number of unique visitors to tourism-based online forums such as tourism, etc (indicative of interest from
new visitors.).
- Visitor Centre bookings
• Value of leveraged dollars (partnerships regionally, provincially etc.).
• Media Relations ROI: investment made vs. value returned.
• Number of visitors at local and regional festivals and events.
• Number of visitors to key attractions.
• Additional tracking of overall tourism revenues through Tourism BC (such as the total number of
golf rounds played, wineries visited, campground overnights, etc.).
8|Page
Page 16 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.1
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 12-0257-B-TA
TO:
Board of Directors
FROM:
Planning Department
DATE:
October 6, 2014
SUBJECT:
Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana]
RECOMMENDATION:
That Zoning Text Amendment Bylaw No. 2606, 2013 be Adopted.
DISCUSSION:
Bylaw No. 2606 is intended to further clarify the Regional District’s land use approach to addressing
the implementation of the Marihuana for Medical Purposes Regulation (MMPR), which include the
following:
1. Identifying appropriate zones for the location of medical marihuana production facilities; and,
2. Clarifying appropriate regulations within the zones for medical marihuana production facilities.
At the Regular Meeting of November 20, 2013 the Board of Directors gave First Reading to Zoning
Text Amendment Bylaw No. 2606, 2013 and Second Reading on February 19, 2014. A Public
Hearing was held March 5, 2014.
The Regional District received 6 written submissions and 3 public presentations during the first Public
Hearing for Zoning Text Amendment Bylaw No. 2606, 2013, held on March 5, 2014. In response to
the comments received at the Public Hearing, the Board of Directors postponed Third Reading of
Bylaw No. 2606, 2013 and requested that staff consider the input provided when proposing
amendments to the Bylaw.
At the Regular Meeting of May 8, 2014, the EAAC discussed zoning for medical marihuana production
facilities. The Electoral Area Directors expressed concerns regarding the reduced tax rates of
commercial marihuana operations licensed under the Medical Marihuana Purposes Regulations and
its affect on industrial properties. According to the BC Assessment Authority (BCAA), properties used
for medical marihuana production may qualify for Class 9 (Farm), which may result in significantly
lower property taxes for commercial and/or industrial properties. The EAAC requested that staff
investigate and report back on the tax implications of permitting medical marijuana production facilities
within Industrial Zones prior to considering amendments to Bylaw No. 2606.
Based on discussions with the EAAC and the comments received at the Public Hearing,
recommended amendments to Bylaw No. 2606, 2013, were considered by the Board of Directors at
the Regular Meeting held September 17, 2014, and the Bylaw was given Second Reading as
amended and was referred to a second Public Hearing.
Page 17 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.1
Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihauna]
Report to Board of Directors- October 6, 2014
Page 2
A second Public Hearing was held October 1, 2014, and after considering the input received at the
Public Hearing, the Board of Directors gave Third Reading to Bylaw No. 2606. The Bylaw was then
forwarded to the Ministry of Transportation and Infrastructure, which endorsed the Bylaw on October
3, 2014. As there are no conditions that are required to be met prior to Adoption of Bylaw No. 2606,
2013, it is recommended that Bylaw No. 2606 be Adopted.
SUMMARY:
It is recommended that Zoning Text Amendment Bylaw No. 2606, 2013 be Adopted. Zoning Text
Amendment Bylaw No. 2606, 2013 proposes to amend the Regional District of North Okanagan
Zoning Bylaw No. 1888, 2003 to establish regulations related to medical marihuana production
facilities.
Approved For Inclusion:
Submitted by:
Rob Smailes, MCIP
General Manager, Planning and Building
Page 18 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.1
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2606
A bylaw to amend the text of Zoning Bylaw No. 1888, 2003 to regulate medical marihuana
production facilities.
WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C.,
1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the
Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional
District into zones, name each zone, establish boundaries for the zones and regulate uses
within those zones;
AND WHEREAS the Board has created zones, named each zone, established boundaries for
these zones and regulated uses within those zones by Bylaw No. 1888, being the "Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003" and amendments thereto
AND WHEREAS the Board is desirous to amend the Zoning Bylaw to regulate Medical
Marihuana Production Facilities;
NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open
meeting assembled, enacts as follows:
·
A. CITATION
This Bylaw may be cited as the "Zoning Bylaw Text Amendment No. 2606, 2013".
B. AMENDMENTS
1. Division Two - Interpretation of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding the following definitions:
"Marihuana" means all parts of the genus cannabis whether growing or not and the
seed or clone of such plants.
"Medical Marihuana Production Facility" means a facility, licensed by the Federal
Government under the Marihuana for Medical Purposes Regulation used solely for the
production, manufacturing, processing, testing, packaging, and shipping of marihuana
and marihuana products for medical purposes.
2. Division Three - Basic Provisions of the Regional District of North Okanagan Zoning
Bylaw No. 1888, 2003 is hereby amended by adding Section 306.9 as follows:
Medical marihuana production facilities or grow operations except as explicitly permitted
under the provisions of this bylaw.
Page 19 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.1
Page 2 of4
Bylaw No. 2606
3. Division Six- Industrial Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by amending Section 601.1.f as follows:
... manufacturing and processing, including medical marihuana production facilities,
provided that they do not create fire, explosion, or safety hazards; noise in excess of
average intensity of street and traffic noise in the area in question; emit smoke, dust, dirt,
toxic, or offensive odours or gas; and there is no production of heat or glare perceptible
from any lot line of the site on which the use is located ...
4. Division Six- Industrial Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 604.1.i. as follows:
Medical marihuana production facilities, provided that they do not create fire, explosion,
or safety hazards; noise in excess of average intensity of street and traffic noise in the
area in question; emit smoke, dust, dirt, toxic, or offensive odours or gas; and there is no
production of heat or glare perceptible from any lot line of the site on which the use is
located.
5. Division Eight - Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 802.1 ..u. as follows:
Medical Marihuana Production Facilities, subject to the provisions of 802.10.m. of this
Bylaw.
6. Division Eight - Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 802.1 O.m. as follows:
Medical Marihuana Production Facilities
Medical marihuana production facilities shall only be permitted on lands within the
Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and
provided that these facilities do not discharge or emit odorous, toxic or noxious matter or
vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess
of ambient noise at the property boundary; electrical interference; or any other health or
safety hazards.
7. Division Eight- Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 803.1.v. as follows:
Medical Marihuana Production Facilities, subject to the provisions of 803.1 O.n. of this
Bylaw.
8. Division Eight - Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 803.1 O.n. as follows:
Medical Marihuana Production Facilities
Medical marihuana production facilities shall only be permitted on lands within the
Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and
provided that these facilities do not discharge or emit odorous, toxic or noxious matter or
vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess
of ambient noise at the property boundary; electrical interference; or any other health or
safety hazards.
Page 20 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.1
Page 3 of 4
Bylaw No. 2606
9. Division Eight - Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 804.1. v. as follows:
Medical Marihuana Production Facilities, subject to the provisions of 804.1 O.o. of this
Bylaw.
10. Division Eight- Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 804.1 O.o. as follows:
Medical Marihuana Production Facilities
Medical marihuana production facilities shall only be permitted on lands within the
Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and
provided that these facilities do not discharge or emit odorous, toxic or noxious matter or
vapour; heal, glare or radiation; recurrently generated ground vibration; noise in excess
of ambient noise at the property boundary; electrical interference; or any other health or
safety hazards.
11. Division Eleven - Off Street Parking, Schedule "B" of the Regional District of North
Okanagan Zoning Bylaw No. 1888, 2003 is hereby amending Section 1101.3. Schedule
of Parking Requirements to include:
~··-------
1---··
Uses
Medical Marihuana
Production Facilities
-
Minimum Number of Parking Spaces Required
1.5 per 100 m• (1076 square feet) gross floor area
···-···
12. Division Sixteen- Agriculture Setbacks in Rural Zones, Schedule "G" of the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by
amending Table 1: Minimum Setbacks From Lot Lines ~ Principle Farm Buildings,
Structures and Areas, Row 1, Column 4: Dog Kennels, Livestock, Poultry, Game & Fur as
follows:
Dog Kennels, Livestock, Poultry, Game & Fur, Medical Marihuana (barns, brooder
houses, confined livestock areas, medical marihuana production facilities fur farming
sheds, hatcheries, kennels, livestock shelters, milking facilities, indoor and outdoor riding
arenas & stables)
13. Division Sixteen - Agriculture Setbacks in Rural Zones, Schedule "G" of the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by
amending Table 2: Minimum Setbacks From Lot Lines - Residential Zones - Accessory
Farm Buildings, Structures and Areas, Row 1, Column 4: Livestock, Poultry, Game & Fur
as follows:
Livestock, Poultry, Game & Fur, Medical Marihuana
14. Division Sixteen - Agriculture Setbacks in Rural Zones, Schedule "G" of the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by
amending Table 3: Minimum Setbacks From Lot Lines- Other Than Residential ZonesAccessory Farm Buildings, Structures and Areas, Row 1, Column 4: Dog Kennels,
Livestock, Poultry, Game & Fur as follows:
Livestock, Poultry, Game & Fur, Medical Marihuana
Page 21 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.1
Bylaw No. 2606
Page 4 of4
15. Division Sixteen - Agriculture Setbacks in Rural Zones, Schedule "G" of the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by
amending Table 4: Building and Facilities Setbacks from Watercourses for Riparian
Protection in Farming Areas, Row 2, Column 4: Category 3:
Medical Marihuana Production Facility
Read a First Time
this
20th
day of
November, 2013
Read a Second Time, as amended
this
19th
day of
February, 2014
Advertised on
this
this
26th
28th
day of
day of
February, 2014
February, 2014
Public Hearing held pursuant to the provisions of
Section 890 of the Local Government Act
this
5th
day of
March, 2014
Read a Second Time, as amended
this
17th
day of
September, 2014
Advertised on
this
this
24th
26th
day of
day of
September, 2014
September, 2014
Public Hearing held pursuant to the provisions of
Section 890 of the Local Government Act
this
1st
day of
October, 2014
Read a Third Time
this
1st
day of
October, 2014
this
3
day of
~t~ ,2014
day of
'2014
this
Corporate Officer
Chair
Page 22 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.2
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 13-0317-B-TA / 3060.03.03
TO:
Board of Directors
FROM:
Planning Department
DATE:
September 30, 2014
SUBJECT:
Zoning Text Amendment Bylaw No. 2613, 2013 [Mineral Extraction]
RECOMMENDATION:
That Zoning Text Amendment Bylaw No. 2613, 2013 which proposes to amend regulations related to
limited resource uses within the Country Residential (C.R) Zone be Adopted.
BACKGROUND:
The Board of Directors passed the following resolution at the Regular Meeting of August 21, 2013:
That staff be directed to prepare an amendment to the Country Residential (C.R) zone of the
Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to prohibit the extraction of
minerals from properties within Electoral Areas “B” and “C”; and further
That staff be directed to work with the Ministry of Energy and Mines in preparing a Soil Removal
Bylaw to prohibit the extraction of minerals from properties within Electoral Areas “B” and “C”.
In response to the above noted direction, staff prepared Zoning Text Amendment Bylaw No. 2613,
2013 which proposes to prohibit mineral extraction and processing in the Country Residential (C.R)
zone in Electoral Areas “B” and “C”. Concurrently, staff prepared draft Soil Removal and Deposit
Bylaw No. 2620 which proposed a prohibitive approach to aggregate extraction within the Country
Residential (C.R.) Zone, with several exemptions.
A report and draft Bylaw No. 2613 was presented to the Electoral Area Advisory Committee on
December 5, 2013 and on December 11, 2013, the Board of Directors passed the following resolution:
That Zoning Text Amendment Bylaw No. 2613, 2013, which proposes to amend the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 by prohibiting mineral extraction and
processing in the Country Residential (C.R) zone in Electoral Areas "B" and "C" be given First
Reading; and further,
That Zoning Text Amendment Bylaw No. 2613, 2013 be referred to internal departments, legal
counsel, the Agricultural Land Commission, the Ministry of Energy and Mines, Advisory
Planning Commissions and various agencies for review and comment prior to consideration of
Second Reading.
Page 23 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.2
Zoning Text Amendment Bylaw No. 2613, 2013 [Mineral Extraction]
Report to Board of Directors – September 30, 2014
Page 2
The Regional District referred Zoning Text Amendment Bylaw No. 2613, 2013, on October 18, 2013
for agency comment. Comments were received from Ministry of Energy and Mines; Ministry of
Agriculture; Agricultural Land Commission (ALC); Electoral Areas “B” and “C” Advisory Planning
Commissions; and the Ministry of Transportation and Infrastructure.
At the Regular Meeting of August 20, 2014, the Board considered the referral comments and passed
the following resolution:
That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013 which
proposes to amend regulations related to limited resource use within the Country Residential
Zone be amended by replacing Section B.1 with the following:
“Division Eight of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is
hereby amended by replacing the first paragraph of Section 802.10.h with the following:
For the purposes of this section Limited Resource Use means a use of a lot providing for the
conservation, management, and extraction of primary forest, mineral, and other resource
materials grown on or originating from the same lot. Within Electoral Areas “D”, “E” and “F”,
Limited Resource Use includes the following processing activities: preliminary grading, cutting
or crushing of such materials for shipment. Within Electoral Areas “B” and “C”, Limited
Resource Use excludes all processing activities.”; and further,
That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013 be
given Second Reading as amended; and further,
That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013, as
amended, be referred to internal departments, Ministry of Energy and Mines, Agricultural Land
Commission and various agencies for review and comment.
REFERRAL COMMENTS:
In follow-up to the Board’s direction, Bylaw No. 2613 and associated staff reports were referred for
comments to the Ministry of Energy and Mines; Ministry of Agriculture; Agricultural Land Commission;
Ministry of Environment; and the Ministry of Transportation and Infrastructure.
Ministry of Agriculture
The Ministry advised that they have no objections to the Bylaw.
Agricultural Land Commission
The ALC advised that they have no objections to Bylaw 2613.
Ministry of Transportation and Infrastructure
The Ministry advised their conditions remain unchanged (no objections) and the Bylaw will require their
endorsement prior to adoption.
Ministry of Environment
The Ministry advised that they have no concerns or comments regarding the Bylaw.
Ministry of Energy and Mines
The Ministry advised that their primary concerns regarding Bylaw No. 2613 are as follows:
Page 24 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.2
Zoning Text Amendment Bylaw No. 2613, 2013 [Mineral Extraction]
Report to Board of Directors- September 30, 2014
Page 3
1) It is not clear whether the bylaw applies only to sand and gravel (aggregate) mines or includes
mineral, placer, coal, and rock mines (and quarries) as well. It is important that the bylaw is
clear about this as local governments are not able to zone for mining or mineral processing.
2) It is not clear what is captured by processing vs. processing for transport. It would be helpful to
better clarify this to ensure aggregate operators know what is expected of them. This is
especially important in terms of the amount of processing aggregate operators can do to make
transportation cost effective, to be clear that processing for transport is allowed in all areas
covered by the bylaw, and to be clear as to where further processing is allowed.
3) It is also important to note that nothing in this bylaw can be construed to limit provincial
jurisdiction or fetter provincial decision makers when permits are considered.
The Ministry noted that these comments represent the opinions of Ministry staff and should not be
taken as legal advice.
DISCUSSION:
The Regional District has obtained a legal opinion which confirms that, based upon legal precedent 1,
a Zoning Bylaw may regulate or prohibit aggregate, rock or mineral processing. Zoning Text
Amendment Bylaw No. 2613 does not require Ministry of Energy and Mines approval.
A Public Hearing was held on September 17, 2014. The Regional District received two letters in
opposition regarding Bylaw No. 2613 and three people spoke at the Public Hearing, all three in
opposition of mineral extraction in Electoral Areas "B" and "C". After considering the input received at
the Public Hearing, the Board of Directors gave Third Reading to Bylaw No. 2613. The Bylaw was
then forwarded to the Ministry of Transportation and Infrastructure, which endorsed the Bylaw on
September 25, 2014. As there are no conditions that are required to be met prior to Adoption of
Bylaw No. 2613, 2013, it is recommended that Bylaw No. 2613 be Adopted.
SUMMARY:
It is recommended that Zoning Text Amendment Bylaw No. 2613, 2013 be Adopted. The Bylaw
proposes to prohibit all processing activities associated with the extraction of primary forest, mineral,
and other resource materials on properties that are zoned Country Residential (C.R) and are located
within Electoral Areas "B" and "C".
Submitted by:
AJV~f%;;
Greg RS<IileY
Deputy Planning Manager
Endorsed by:
~
:abS~.~P
General Manager, Planning and Building
1
Squamish (District) v. Great Pacific Pumice Inc., 2003 BCCA 404; Nanaimo (Regional District) v. Jameson Quarries Ltd., 2005 BCSC
1639; Cowichan Valley Regional District v. Norlon eta/, 2005 BCSC 1056.
Page 25 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.2
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2613
A bylaw to amend the text of Zoning Bylaw No. 1888, 2003 to prohibit mineral extraction and
processing in the Country Residential Zone of Electoral Areas “B” and “C”.
WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C.,
1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the
Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional
District into zones, name each zone, establish boundaries for the zones and regulate uses
within those zones;
AND WHEREAS the Board has created zones, named each zone, established boundaries for
these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto;
AND WHEREAS the Board is desirous to amend the Zoning Bylaw to prohibit mineral extraction
and processing within the Country Residential Zone of Electoral “B” and “C”;
NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open
meeting assembled, enacts as follows:
A. CITATION
1. This Bylaw may be cited as the “Zoning Text Amendment Bylaw No. 2613, 2013”.
B. AMENDMENTS
1. Division Eight of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is
hereby amended by replacing the first paragraph of Section 802.10.h with the following:
For the purposes of this section Limited Resource Use means a use of a lot providing for
the conservation, management, and extraction of primary forest, mineral, and other
resource materials grown on or originating from the same lot. Within Electoral Areas “D”,
“E” and “F”, Limited Resource Use includes the following processing activities: preliminary
grading, cutting or crushing of such materials for shipment. Within Electoral Areas “B” and
“C”, Limited Resource Use excludes all processing activities.
Read a First Time
this
11th
day of
December, 2013
Read a Second Time as amended
this
20th
day of
August, 2014
Advertised on
and
this
this
10th
12th
day of
day of
September , 2014
September , 2014
Public Hearing held pursuant to the provisions of
Section 890 of the Local Government Act on
this
17th
day of
September , 2014
Page 26 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.2
Bylaw No. 2613
Page 2 of 2
Read a Third Time
this
Approved by Minister of Transportation and
on
lnfrastruc
(Transpo atio · Act s. 52
this
ADOPTED
this
re
17th
day of
September , 2014
day of
' 2014
l..C:>
Corporate Officer
Chair
Page 27 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.3
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 3900.2640
TO:
Board of Directors
FROM:
Corporate Services
DATE:
September 16, 2014
SUBJECT:
BX Swan Lake Firehall Expansion Loan Authorization Bylaw No. 2640, 2014
RECOMMENDATION:
That staff be authorized to proceed with obtaining the approval of the electors by Alternative Approval
Process for the BX Swan Lake Firehall Expansion Loan Authorization Bylaw No. 2640, 2014; and
further,
That the elector response form attached to the report dated September 16, 2014 re: BX Swan Lake
Firehall Expansion Loan Authorization Bylaw No. 2640, 2014 be approved; and further,
That the estimated number of eligible voters to which the Alternative Approval Process applies be
established as 4,625; and further,
That the deadline for receiving elector responses be established as 4:00 pm, Tuesday, November 25,
2014.
SUMMARY:
In order the meet additional space requirements at the existing BX Swan Lake Firehall, the Regional
District of North Okanagan is proposing to proceed with an expansion of the facility with an estimated
cost of $1.5 million. To fund this expansion, it is proposed that a sum not to exceed $1.5 million will be
borrowed for a term of 20 years. Participating area approval is required for the loan authorization
bylaw to fund the proposed expansion and this approval is being sought through the provisions of
section 801.3 [approval by alternative approval process] of the Local Government Act and section 86
of the Community Charter which requires that the Board of Directors:
•
•
•
Establish the deadline for receiving elector responses;
Establish the elector response form (Schedule A);
Make a fair determination of the total number of electors to which the approval process
applies.
BACKGROUND:
BX Swan Lake Firehall Expansion Loan Authorization Bylaw No. 2640, 2014, received 3 readings on
July 16, 2014. Statutory approval was received from the Inspector of Municipalities on September 8,
2014. The Board of Directors is now in a position to proceed to obtain approval of the electors
through the Alternative Approval Process (AAP).
Page 28 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.3
Report to:
From:
Re:
Board of Directors
Corporate Services
BX Swan Lake Firehall Expansion Loan Authorization Bylaw No. 2640, 2014
File No.: 3900.2640
September 16, 2014
Page 2 of 2
The deadline for receiving elector responses must be at least 30 days after the second publication of
the Notice of Alternative Approval Process (Notice). Staff propose the following dates for publication
of the Notice:
1. Friday, October 17, 2014
2. Friday, October 24, 2014.
Staff arE? recommending that the deadline to receive elector responses be established as 4:00 pm,
Tuesday, November 25, 2014.
Estimate of Eligible Electors
Under section 86(3)(c) the Board must make a fair determination of the total number of electors of the
area to which the AAP applies. As the service area for the BX Swan Lake Firehall Expansion Loan
Authorization Bylaw No. 2640, 2014 does not encompass all of Electoral Areas "B" and "C" staff
advise of the following considerations in establishing the estimate of eligible electors.
Total population 18 and over (not including IR)- Electoral Areas "B" and "C" 1
5,588
Total parcels by roll numbe~- Electoral Areas "B" and "C"
3,261
Estimated eligible persons per roll number (population/total roll number)
1.71
Total number of parcels (by roll) participating in the BX Swan Lake Fire
2,696
Protection Local Service Area 3 Note: includes Residential and Farm only
2011 total estimated popu lation qualified to vote (2,696 X 1. 71)
ADD .5% change 2011-12
4,610
4
24
LESS -0.2% change 2012-134
(9)
Total estimated population qualified to vote
4,625
10% required to defeat Bylaw 2640, 2014
462
1
Statistics Canada - 2011 Census
Total roll numbers provided by RDNO GIS staff
3
Stats provided by BC Assessment
4
Stats provided by BC Stats, Demographic Analysis Section
2
Staff recommend that the total number of eligible electors be determined to be 4,625. In order to
defeat Bylaw 2640, 2014, 10% of eligible voters (462) would be required to submit an elector
response form by 4:00pm, Tuesday, November 25, 2014 opposing the adoption of Bylaw 2640, 2014.
Pr~~ )
Reviewed and endorsed by:
caffiillaHOWkins
---Senior Clerk, Corporate Services
Paddy Junipe;
Deputy CorpQ.rat
/")
/
{./(. 1
Reviewed and endorsefJ by:
~~~
itOn8
Community I Protective Services Manager
Page 29 of 116
ri
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 -SCHEDULE
Item D.3
A
REGIONAL DISTRICT OF NORTH OKANAGAN
ELECTOR RESPONSE FORM
BX Swan Lake Firehall Expansion
Loan Authorization Bylaw No. 2640, 2014
I, the undersigned elector residing or owning real property within the B.X. - Swan Lake Fire Protection and Control Local Service
Conversion and Establishment By-Law No. 1056, 1992 service area being portions of Electoral Areas "B" and "C" of the
Regional District of North Okanagan do hereby present my name on this Elector Response Form opposing the Regional District
adopting BX Swan Lake Firehall Expansion Loan Authorization Bylaw No. 2640, 2014 which would authorize the Regional
District to borrow funds up to $1,500,000 to facilitate construction of an expansion to the existing BX Swan Lake Firehall located
at 5764 Silver Star Road.
I acknowledge that I live or own property in the B.X. - Swan Lake Fire Protection and Control Local Service Area of the Regional
District of North Okanagan (jurisdiction) and am a person who would otherwise be entitled to register and vote in respect of this
matter had the assent of the electors by voting been required. In order to sign this Elector Response Form a person must either
be a resident elector or a non-resident property elector (not both).
A resident elector is an individual who is qualified to vote in a jurisdiction by virtue of living in the jurisdiction. To sign an
Elector Response Form as a resident elector a person must:
• be a Canadian citizen;
• be at least 18 years of age;
• have lived in British Columbia for at least six months; and
• have lived in the jurisdiction for at least 30 days.
A non-resident property elector is an individual who does not live in the jurisdiction but is entitled to vote there by virtue of
owning property in that jurisdiction. To sign an Elector Response Form as a non-resident property elector a person must:
• be a Canadian citizen;
• be at least 18 years of age;
• have lived in British Columbia for at least six months; and
• have owned property in the jurisdiction for at least 30 days.
Note that if a property is owned by more than one individual, only one of them may sign an Elector Response Form.
I understand and acknowledge that I may not sign an Elector Response Form against BX Swan Lake Firehall Expansion Loan
Authorization Bylaw No. 2640, 2014 more than once and may not withdraw my name from an Elector Response Form after 4:00
p.m. on Tuesday, November 25, 2014
I understand and acknowledge that this Elector Response form must be received by the Regional District of North Okanagan no
later than 4:00 pm on Tuesday, November 25, 2014. The address of the Regional District is:
9848 Aberdeen Road, Coldstream BC V1B 2K9.
Date:
(date)
Full name of Elector:
(Name - please print)
Full Residential Address*:
(Full residential address of Elector)
Signature of Elector:
(signature)
To be completed for Non-Resident Elector*:
Civic Address of property if
Non-Resident Elector*:
(Civic address of property in relation to which the person is entitled to register as a Non-Resident Elector)
* Section 86(7) of the Community Charter requires the elector’s full name and residential address and if applicable, the civic address
of the property in relation to which the person is entitled to register as a non-resident property elector for this response form to be
counted.
Page 30 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
REGIONAL DISTRICT
REPORT
of
NORTH OKANAGAN
File No 3900-2645
TO:
Board of Directors
FROM:
Corporate Services
DATE:
September 26, 2014
SUBJECT:
Kalamalka Lakeview Fire Protection Service Area Establishment Bylaw
No. 2645, 2014
RECOMMENDATION:
That Kalamalka Lakeview Fire Protection Service Area Establishment Bylaw No. 2645, 2014 be
Adopted; and further,
That the Regional District of North Okanagan be authorized to enter into the Kalamalka Lakeview
Area Fire Service Agreement with the City of Vernon .
BACKGROUND:
At the Board of Directors meeting held on July 16, 2014 the following motion was passed:
That Kalamalka Lakeview Fire Protection Area Service Establishment Bylaw No. 2645,
2014 be given First, Second and Third readings; and further,
That Kalamalka Lakeview Fire Protection Area Service Establishment Bylaw 2645, 2014
be forwarded to the Inspector of Municipalities for Statutory Approval.
Bylaw 2645 received Statutory Approval on September 15, 2014 and it is therefore recommended that
Kalamalka Lakeview Fire Protection Service Area Establishment Bylaw No. 2645, 2014 be adopted.
Re~
Ron Ba r
Community I Protective Services Manager
lusion:
Attachments:
1. Bylaw 2645
2. Kalamalka Lakeview Area Fire Service Agreement
Page 31 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2645
A bylaw to establish a f i r e p r o t e c t i o n service for the
purpose of providing structural fire protection to properties in the
Kalamalka Lakeview area, located in Electoral Area “B”.
WHEREAS a regional district may, by bylaw, establish a service under the provisions of
Part 24 of the Local Government Act;
AND WHEREAS the Regional Board of the Regional District of North Okanagan
wishes to establish a service for the purpose of providing structural fire protection to
properties in the Kalamalka Lakeview area, as shown in a plan attached to this bylaw,
located in Electoral Area “B”;
AND WHEREAS in accordance with Section 797.4 of the Local Government Act, the
Regional District has received a valid petition for the service;
AND WHEREAS the service will be provided under an agreement with the City of Vernon
through its Fire Rescue Service;
NOW THEREFORE, the Board of RDNO, in open meeting assembled, hereby ENACTS
AS FOLLOWS:
TITLE
1.
This bylaw may be cited as the "Kalamalka Lakeview Fire Protection Service
Area Establishment Bylaw No. 2645, 2014”.
ESTABLISHMENT AND DESCRIPTION OF SERVICE
2.
The Regional District hereby establishes a structural fire protection service to
properties in the Kalamalka Lakeview area.
ESTABLISHMENT OF SERVICE AREA
3.
The boundaries of the service area are shown outlined on Schedule "A" attached
hereto and forming part of this bylaw.
PARTICIPANTS
4.
The participants in the service area, established under Section 1, are a
portion of Electoral Area “B”.
Page 32 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Bylaw 2645 – Kalamalka Lakeview Fire Protection Service Area Establishment
Page 2
COST RECOVERY
5.
The annual costs for the service established in Section 1 shall be recovered by the
requisition of money under Section 806 to be collected by tax imposed on the
value of improvements.
6.
The maximum amount that may be requisitioned under Section 806 for the
service shall be $2.00 per $1,000 of improved value.
Read a First, Second and THIRD Time
this
16th
day of
July, 2014
Approved by the Inspector of Municipalities
this
15th
day of
September, 2014
ADOPTED
this
day of
, 2014
Vice Chair
Deputy Corporate Officer
Page 33 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Schedule A
Attached to Bylaw 2645, 2014
Refer to properties within the outlined area.
-
A
Page 34 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement (the "Agreement")
THIS AGREEMENT dated for reference January l , 20 15.
BETWEEN:
REGIONAL DISTRICT OF NORTH OKANAGAN
9848 Aberdeen Rd
Coldstream, BC VI B 2K9
(the "District")
AND:
CITY OF VERNON
3400 30th Street Vernon
British Columbia, V IT 5E6
(the "City")
WHEREAS:
A.
The C ity has establi shed a fire protection service and operates three fire stations known
as Station 1 (Downtown), Station 2 (Okanagan Landing) and Station 3 (Predator Ridge);
B.
Sections 13 and 23 ofthe Community Charter, SBC 2003, c. 26 and section 796(3) ofthe
Local Government Act, RSBC 1996, c. 323 permit the City.and the District to enter into
this Agreement for the City to provide the Services herein defined outside the City
boundaries subject to the terms and conditions of this Agreement;
C.
The C ity and the District have agreed to enter into this Agreement for the provision of the
Services by the C ity to the Service Area herein defined and for payment by the District
on the terms and conditions herein set forth ; and
D.
The District has authority establ ished under its applicable bylaws to impose and co llect
the taxes necessary to fund the Annual Fee herein defined.
Section 1 - Definitions and Interpretation
Interpretation
1.01
In this Agreement:
(a)
reference to the singular includes a reference to the plural and vice versa, unless
the context requires otherwise;
Page 35 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
Page 2
(b)
a particular numbered section or lettered Schedule is a reference to the
correspondingly numbered section or lettered Schedule ofthis Agreement;
(c)
an " enactment" is a reference to an enactment as that term is defined m the
Interpretation Act (British Columbia) on the day this Agreement is made;
(d)
any enactment is a reference to that enactment as amended, revised, consolidated
or replaced;
(e)
section headings are inserted for ease of reference and a re not to be used
interpreting this Agreement;
(f)
a party is a reference to a party to this Agreement;
(g)
time is of the essence; and
(h)
where the word " including" is followed by a list, the contents of the list shall not
circumscribe the generality of the expression immediately preceding the word
" including".
tn
Definitions
1.02
Tn this Agreement:
"Annual Fee" means the fee the District is required to pay the City under this Agreement
for the Services, as calculated and imposed under section 3.01 of this Agreement.
"Apparatus" means the motor vehicles, equipment, protective clothing and other items
or materials required by the City to provide the Serv ices under th is Agreement;
"City" means the Corporation of the City of Vernon.
"Community Charter" means the Community Charter, RSBC 1996, c. 26, as amended;
"Fire Call" means a request made to the City's Fire Department to respond to, attend at,
and provide firefighting Services for an Incident;
"Fire Chier' means the Fire Chief for the City or their designate;
"Fire Department" means Vernon Fire Rescue Services and the two stations that deliver
fire suppression serv ices and may include any other attending fire department responding
under a mutual aid agreement;
"FOJPPA" means the Freedom of Information and Protection of Privacy Act, RSBC
1996, c. 165 as amended;
{00293 11 2; 7)
Page 36 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
Page 3
"Force Majeure" has the meaning ascribed in section 10.06;
"Incident" means:
(i)
any Structure fire within the Service Area;
(ii)
any fire that threatens a Structure within the Service Area;
(iii)
any fire or imminent fire involving a parked motor vehicle within the Service
Area; or
(iv)
any other circumstances within the Service Area where a Structure fire may be
imminent;
"Local Government Act" means the Local Government Act, RSBC 1996, c. 323, as
amended;
"Record" has the meaning ascribed in the FOIPPA in respect of this Agreement, means
those Incident Reports, photographs and other Records maintained by the City in respect
of the Services;
"Service Area" means those properties located within the area outlined in bold within
Schedule A, attached, which may be amended from time to time by mutual agreement
subject to regulatory approval to include additional properties;
"Services" means the fire suppression services provided by the City under section 2;
"Structure" has the meaning ascribed in the City's Building and Plumbing Bylaw #4900,
as amended;
"Term" means the term of this Agreement detailed in section 8.01 or such shorter term as
may be applicable as a result of the operation of any of sections 8.02- 8.04; and
"Transitory Record" means any Record that contains information of temporary value
that does not have some future administrative, financial , legal, research, or historical
value to either party and that is not required to be maintained under the FOIPPA.
Section 2- Provision of Services and Application of City's Bylaws to Service Area
2.01
The City agrees to provide the Services within the Service Area and to cause the City's
Fire Department, to respond to all Fire Calls received from the Service Area from time to
time during the Term of this Agreement and to remain at the scene of the lncident until
such time as the City' s Fire Chief has approved dismissal.
{00293 11 2; 7)
Page 37 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
Page 4
2.02
The Chief Administrative Officer for the District or their designate shall have access at
all reasonable times to Incident reports and records of the City in respect to Fire Calls in
the Service Area.
2.03
ln the event that a fire occurs in an area in the vicinity of, but outside, the Service Area,
or on vacant lands within the Service Area, the City's Fire Department may attend to
provide Services at the request of the B.C. Wildfire Management Branch.
2.04
For greater certainty, the parties agree that the Services provided under this section 2
shall be limited to Incidents or those occasions when the City's Fire Department may
elect to provide Service under section 2.03.
Section 3- Remuneration
3.01
Tn each year during the Term of this Agreement, the District shall pay to the City an
Annual Fee which shall be the amount determined by multiplying $0.0015 by the total
assessed value of improvements that are subject to property taxation by the District
within the Service Area during that year. This section does not fetter the discretion of the
District, but imposes a liability on the District for an annual debt due and owing to the
City.
3.02
The Annual Fee shall be paid by the District to the City not later than September 15 in
each year during the Term of this Agreement commencing in the year 2015 and shall be
payable whether or not there are any Incidents within the Service Area in that year.
3.03
lfthis Agreement is terminated before the end of a calendar year, the Annual Fee paid or
payable under sections 3.01 and 3.02 for the year of termination shall be pro-rated to the
date of termination subject to the following:
·
3.04
(a)
if this Agreement is terminated before September 15 in a calendar year, the
District shall pay to the City on or before September 15 of the calendar year in
which the Agreement is terminated the pro-rated portion of the Annual Fee
payable by the District for the period from January 1 up to and including the
termination date; and
(b)
if this Agreement is terminated after September 15 in a calendar year, the City
shall rebate to the District within thirty (30) days after the date of termination the
pro-rated portion of the Annual Fee representing the period from the date of
termination to the end of that calendar year.
The City shall invoice the B.C. Wildfire Management Branch separately for any Services
provided under section 2.03 above according to rates outl ined in government mutual aid
agreements.
{00293 11 2; 7}
Page 38 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
Page 5
Section 4- Records
4.01
Ownership of Records
The City acknowledges that all Records under this Agreement are the sole property of the
District. Notwithstanding, the parties agree that the City may retain copies of any or all
such Records in its abso lute discretion.
4.02
Access
The City will provide to the District any and all Records required to be collected, created,
maintained and stored under this Agreement within fifteen (15) calendar days of
notification by the District or upon the expiry or termination of this Agreement,
whichever occurs first. The parties acknowledge and agree that the City shall not impose
any additional charges on the District for the provision of Records under this section
4.02. Notwithstanding any dispute between the parties, the City will continue to provide
the District with access to the Records in accordance with the terms of this Agreement.
4.03
Retention and Disposal
The City shall retain all Records compiled during the Term of this Agreement until such
time as they are prov ided to the District in accordance with section 4.02. Notwithstanding
this section 4.03, unless the District otherwise advises, the parties agree that the City may
dispose of any Transitory Record when the City determines it is no longer required for its
purposes.
4.04
FOIPPA Access to Information Requests
Subject to section 11 of FOIPPA, if the City receives a
FO!PPA for Records in its possession, the City shall:
~equest
for access under the
(a)
immediately direct the requester to make the request to the District;
(b)
immediately advise the District of the request made to the City and forward a
copy of the request to the District; and
(c)
not disclose the Records unless otherwise directed by the District.
Section 5- Insurance
5.01
The C ity shall, at its own expense, maintain coverage for all of the members of the City
Fire Department in accordance with the Workers Compensation Act (British Columbia)
during each year of the Term of this Agreement.
5.02
The City may at its own expense, provide additional insurance for its firefighters to
augment Workers Compensation coverage in such amounts as it deems reasonable.
5.03
The City shall, at its own expense, maintain at all times during the Term of this
Agreement, general liability insurance coverage of a minimum of ten million
(00293 11 2; 7}
Page 39 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
Page 6
($10,000,000.00) dollars and shall ensure that the District is named as an additional
named insured w ith a cross liability clause and a waiver of subrogation clause and, if
required, extend to cover the e mployees of the insureds. The policy will contain a clause
providing that the inclusion of more than one insured will not in any way affect the rights
of any insured as respects to any claim , demand, suit or judgment made against any other
insured .
Section 6 - Apparatus
6. 0 I
Apparatus used by the C ity and its F ire Department for providing the Services required
under this Agreement shall be owned by the C ity and the City shall be responsible to
license and maintain the Apparatus in proper running order at its own expense,
reasonable wear and tear excepted.
6.02
The C ity shall at its own expense provide liability insurance prov iding coverage of not
less than five million ($5 ,000,000 .00) do llars, on all Apparatus used by the City for
providing the Services required under this Agreement.
6. 03
The District shall not be responsible or obligated to provide to the City a ny vehicles,
equipment, protective clothing or other items or materials required in connection with the
Services.
Section 7 -Representations, Warranties and Covenants
Representations and Warranties
7.0 I
Each party represents and warra nts to the other that:
(a)
it has the power and capacity to ente r into and carry out its obligations under this
Agreement; and
(b)
it has adopted all necessary resolutions and complied fully with all other legal
preconditions to the validity ofthis Agreement.
District's Covenants
7. 02
The District covenants and agrees that it shall :
(a)
appoint a liaison to work w ith the City of Vernon' s Fire Chief and the District
shall notify the City of the name of its liaison upon executing this agreement, and
throughout the Term if its liaison changes; and
(b)
perform p romptly all of its obligations under this Agreement.
{00293 11 2; 7)
Page 40 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
Page 7
City's Covenants
7.03
The City covenants and agrees that it shall perform promptly all of its obligations under
this Agreement.
Section 8- Term and Termination
8.0 I
Subject to termination of this Agreement in accordance with the provisions of sections
8.02, 8.03 or 8.04 hereof, the Term of this Agreement shall be a period of five (5) years.
The commencement date of this Agreement shall be January 1, 2015 and unless
terminated earl ier in accordance with this Agreement, this Agreement will exptre on
December 31, 2019, subject to section 8.02.
8.02
This Agreement sha ll terminate automatical ly and without notice to either party on the
occurrence of any of the following circumstances:
(a)
if the Agreement is declared by court, tribunal or arbitration having jurisdiction to
be illegal or unenforceable ;
(b)
if the District loses the power to impose and collect local service fees for the
Services within the Service Area;
(c)
if the Service Area is annexed to and falls within the boundaries of the City or
another municipality; or
(d)
if the City, as a result of federal or provincial enactment, becomes unable to
lawfully provide the Services required hereunder.
8.03
Tf the District or City is in defau lt of any of its covenants or obligations required to be
performed by it hereunder and if such default shall continue for a period of sixty (60)
days following the date that notice of such default is given to the defaulting patiy by the
other party, this Agreement shall terminate at the option of the other party at the
expiration of such sixty ( 60) day period.
8.04
This Agreement may be terminated upon either the District or City providing at least six
(6) months written notice to the other patty of its intention to terminate.
Section 9- Notice
9.0 1
Any notice required or permitted to be given by a party hereunder shall be given in
writing, and any such notice or correspondence given or sent by one patty to the other
shall be deemed to have been received by the party to whom it is addressed if such notice
is delivered to or mailed postage prepaid and registered at a Canadian Post Office at the
address specified below in this section 9.01. Any notice mailed as aforesaid shall be
deemed to have been received by the party to whom it is addressed on the fomth business
day (Saturdays, Sundays and Statutory Holidays excluded) fo llowing the date of posting
{00293112; 7}
Page 41 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
Page 8
provided that the Canadian Post Office is not interrupted by strike or lock-out at the time
of posting or within four (4) business days thereafter, in which case such notice must be
delivered or mailed again after the Canadian Postal service has been restored:
To the District:
Chief Administrative Officer
REGIONAL DISTRICT OF NORTH OKANAGAN
9848 Aberdeen Road
Coldstream, British Columbia
VlB 2K9
To the City:
Chief Administrative Officer
THE CORPORATION OF THE C ITY OF VERNON
3400 30th Street
Vernon, British Co lumbia
VIT 5E6
Section 10- Miscellaneous
Releases
I0.0 I. Except for the City's obli gations under this Agreement, the District releases the City from
and against all liabilities, claims, demands, damages, costs, expenses, suits and actions
which the District may at any time have against the City in respect of the Services, this
Agreement and related matters. The releases set out in this paragraph do not include
releases for negligence or wilful or malicious misconduct on the part of the City or
persons for whom the City is responsible at law. This release survives the expiry or
earlier termination of this Agreement.
I0.02 Except for the District's obligations under this Agreement, the City releases the District
from and against all liabilities, claims, demands, damages, costs, expenses, suits and
actions which the City may at any time have against the District in respect of the
Services, this Agreement and related matters. The releases set out in this paragraph do not
include releases for negligence or wilful or malicious misconduct on the part of the
District or persons for whom the District is responsible at law nor do the releases exempt
the District from its obligations for remuneration as set out in this Agreement. This
release survives the expiry or earlier termination of this Agreement.
Indemnity
I 0.03 The District shall indemnify, release and save harmless the City, and its officers,
employees, agents, successors and assigns, from any and all liabilities, actions, damages,
claims, losses, orders, fines, penalties, costs and expenses (including the full amount of
all legal fees and expenses) that may be brought against, or suffered or incurred by, the
{00293 11 2; 7}
Page 42 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
Page 9
C ity or any of its officers, employees, agents, successors or assigns, in any way directly
or indirectly arising from or in connection w ith the activities, actions or omiss ions of the
District (or any of its officers, employees, contractors (excluding the C ity), consultants,
agents, licensees, servants, in vitees or anyone for whom the District is in law responsible)
in relation to the Services or in connection with this Agreement. The inde mnities set out
in this paragraph do not inc lude inde mnifications for negli gence or wilful or malicious
misconduct on the part of the C ity or persons for whom the City is responsible at law.
This paragraph will survi ve termination of thi s Agreement.
l 0.04 T he City shall indemnify, release and save harmless the District, and its offi cers,
e mployees, agents, successors and assigns, from any and all liabilit ies, actions, damages,
claims, losses, orders, fines, penalties, costs and expenses (including the full amount of
all legal fees and expenses) that may be brought against, or suffered or incurred by, the
District or any of its offi cers, employees, agents, successors or assigns, in any way
directly or indirectly arising from or in connection w ith the activities, actions or
omissions of the City (or any of its officers, employees, contractors (excluding the
District), consultants, agents, licensees, servants, invitees or anyone for whom the City is
in law responsible) in relation to the Services or in connection with this Agreement. The
indemnities set out in this paragraph do not include indemnifications for negligence or
wilful or malicious misconduct on the part of the District or persons for whom the
District is responsible at law. Thi s paragraph will survive the expiry or earlier termination
ofthi s Agreement.
No Assignment
I 0.05. T he District may not assign an y of its rights or interest in this Agreement.
Force Majeure
10.06. For purposes of this Agreement, the term " Force Majeure" is defined as a n Act of God,
act of a public enemy, war, labour d isruptions and other extraordinary causes not
reasona bly within the control of the City.
I 0.07 . If the City is rendered unable, wholly or in part, by Force Majeure to provide the
Services, the C ity shall provide the Di strict notice of the Force Maje ure, as soon as
reasonably possible and to the extent that the City's performance is impeded by the Force
Majeure it shall not be in breach of its obligations under this Agreement.
10.08. The parties acknowledge and agree that during an event of Force Majeure, the C ity's
obligations pursuant to this Agreement shall be reduced or suspended as the case may be,
but not longer than, the continuance of the Force Majeure, except for a reasonable time
period afte r, if required by the City in order to resume its obligations.
Dispute Resolution
10.09 . In case of any dispute arising between the parties, a party may give the other party notice
of such dispute and request a meeting to resolve the matter in good fa ith. Such meeting
shall be between the City of Vernon Fire Chief and the District's liaison and if the
!00293 11 2; 7)
Page 43 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
Page 10
meeting does not resolve the dispute, the parties may agree to submit the dispute to
arbitration by a single arbitrator in accordance with the Commercial Arbitration Act,
RSBC 1996, c. 55, as amended.
Remedies Cumulative
10.1 0. No reference to or exercise of any specific right or remedy by either the City or the
District prejudices or precludes the City or the District from any other remedy, whether
allowed at law or in equity or expressly provided for in this Agreement. No suc h remedy
is exclusive or dependent upon any other such remedy, but the City or the District may
from time to time exercise any one or more of such remedies independently or in
combination. Without limiting the generality of the foregoing, the City is entitled to
commence and maintain an action against the District to collect any sum not paid when
due, without exercising the option to terminate this Agreement.
No Joint Venture
10.11. Nothing contained in this Agreement creates a relationship of principal and agent,
partnership, joint venture or business enterprise between the parties or gives the District
any power or authority to bind or control the City in any way, except under section 6 for
the sole purpose of placing insurance.
No Effect on Laws or Powers
10.1 2. Nothing contained or implied herein prejudices or affects the City's rights and powe rs in
the exercise of its functions pursuant to the Community Charter (British Columbia) or the
Local Government Act (British Columbia) or its rights and powers under any enactment
to the extent the same are applicable to the Services, ~II of which may be fully and
effectively exercised in relation to the Services as if this Agreement had not been fully
executed and delivered.
City Discretion
I 0. 13. Wherever in this Agreement the approval, consent, opinion or satisfaction of the C ity is
required, some act or thing is to be done to the City's satisfaction, the City is entitled to
form an opinion, or the City is given the sole discretion :
(a)
the relevant provision is not deemed to have bee n fulfilled or waived unless the
approval, consent, opinion or expression of satisfaction is in writing signed by the
City;
(b)
the approval, consent, opinion or satisfaction is in the discretion of the City;
(c)
any discretion of the City is not subj ect to public law duties and the principles of
procedural fairness and the rules of natural justice have no application;
(d)
the sole discretion of the City is deemed to be the sole, absolute and unfettered
discretion of the C ity; and
{00293 11 2; 7}
Page 44 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
(e)
Page II
the approval, consent, opinion or satisfaction may be given by the City Fire Chief
on behalfofthe C ity.
Severance
I 0.14. If any portion of this Agreement is he ld invalid by a court of competent jurisdiction, the
invalid p01tion shall be severed and the decision that it is inva lid wi ll not affect the
validity ofthe remainder of the agreement.
Binding on Successors
I 0. 15. This Agreement enures to the benefit of and is binding upon the parties and their
respective successors and perm itted assigns, notwithstanding any rule of law or equity to
the contrary.
Law of British Columbia
I 0.16. T his Agreement shall be construed according to the laws of the Prov ince of British
Columbia.
Whole Agreement
I 0.17. The provisions in this Agreement constitute the entire agreement between the parties and
supersede all previous communications, representations, warranties, covenants and
agreements, whether verbal or written, between the pmties with respect to the s ubject
matter of this Agreement.
Amendments
10.18. The parties may from time to time, by mutua l agreeme nt, a nd subject to each party' s
bylaw authority, amend this Agreement including, but not limited to, changes to the
boundaries of the Service Area, provided that such amendments sha ll be in writing and
executed by the patties.
Waiver or Non-Action
10.19. Waiver by a party under this Agreement of any breach of any term, covenant or condition
of this Agreement by the other party must not be deemed to be a waiver of any
subsequent default by the other party. Failure by patty to take any action in respect of any
breach of any term, covenant or condition of this by the other party must not be deemed
to be a waiver of such term, covenant or cond ition.
{00293 11 2: 7}
Page 45 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
Page 12
IN WITNESS WHEREOF the parties hereto have executed this Agreement at the offices of the
Regional District of North Okanagan, District of Co ldstream, Prov ince of British Columbia, on
the dates hereinafter specified.
THE CORPORATION OF THE CITY OF VERNON
by its authorized signatories:
Mayor:
Corporate Officer:
Date:
------------------------
THE REGIONAL DISTRICT OF NORTH OKANAGAN
by its authorized signatories:
Chair:
Corporate Officer:
Date:
-----------------------
{00293112; 7}
Page 46 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
Kalamalka Lakeview Area Fire Service Agreement
SCHEDULE A
SERVJCE AREA
{00293 112; 7}
Page 47 of 116
Page 13
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item D.4
SCHEDULE A
SERVICE AREA
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Page 48 of 116
If
f
*
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.1
REGIONAL DISTRICT
of
NORTH OKANAGAN
PLANNING DEPARTMENT
INFORMATION REPORT
REZONING APPLICATION
DATE:
September 23, 2014
FILE NO.:
14-0240-E-RZ
APPLICANT:
Elvera Silchenko
LEGAL DESCRIPTION:
Lot 2, Secs 26 and 35, Twp 45, ODYD, Plan 24879
P.I.D.#
005-792-282
CIVIC ADDRESS:
1377 Highway 6
PROPERTY SIZE:
5.22 ha (12.9 acres)
SERVICING:
On-site wells and septic sewage disposal
PRESENT ZONING:
Non Urban (N.U)
PROPOSED ZONING:
Country Residential (C.R)
O.C.P. DESIGNATION:
Country Residential
PROPOSAL:
Rural Residential – Two lot subdivision
PLANNING DEPARTMENT RECOMMENDATION:
That Rezoning Bylaw No. 2657, 2014 which proposes to rezone the property legally described
as Lot 2, Sections 26 and 35, Twp 45, ODYD, Plan 24879 and located at 1377 Highway 6,
Electoral Area “E” from the Non-Urban (N.U) zone to the Country Residential (C.R) zone be
given First and Second Readings and referral to a Public Hearing.
BACKGROUND:
This report relates to an application to rezone the property located at 1377 Highway 6 from the
Non-Urban (N.U) zone to the Country Residential (C.R) zone. If successful, the applicant is
proposing to subdivide the 5.22 ha property into two lots of approximately 2.8 ha and 2.4 ha.
Site Context
The subject property is located on the north side of Highway 6 and the south side of the
Shuswap River. The property is flat and rectangular in shape. The property is accessed by an
existing driveway which connects to Highway 6 at the southeast corner of the property and
provides access to an existing ancillary single family dwelling and a single family dwelling. Each
dwelling is served by its own well and septic disposal system. An outbuilding situated between
the two dwellings has been utilized from time to time as a chicken coop however the applicant
Page 49 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.1
has advised that they plan to discontinue this use and retain the building for storage. A BC
Hydro Right-of-Way traverses the southern end of the property parallel to Highway 6.
The subject property and properties to the east, west, and across Highway 6 to the south are
designated Country Residential and zoned Non-Urban (N.U). To the east, one parcel separates
the subject property from a golf course and cafe which is designated Commercial and zoned
Recreation Commercial (C.5). A series of six 1.6 ha lots which were created by subdivisions in
the early 1970s are situated across the highway to the southwest of the subject property and
are designated and zoned Country Residential. To the north, across the river from the subject
property, lands are within Electoral Area “D” and are designated Large Holdings and Non-Urban
and are zoned Large Holdings (L.H).
The following ortho photo of the subject and surrounding properties was taken in 2007:
The Proposal
The applicant proposes to rezone the subject property from Non-Urban (N.U) to Country
Residential (C.R) to potentially allow the property to be subdivided into two parcels of 2.8 ha
and 2.4 ha respectively. The applicant reports that there are currently two homes on the
property serviced by individual wells and septic sewage disposal systems. The existing chicken
coop will be converted to storage purposes once the current batch of chicks are sold. It is
proposed that each lot would have its own driveway access from Highway 6.
ZONING BYLAW:
The subject property is currently zoned Non-Urban (N.U). The uses permitted in the N.U zone
include ancillary single family dwellings, bed and breakfast uses, community care facilities,
home occupations, intensive agricultural uses, public parks and playgrounds, resource uses,
single and two family dwellings, veterinary clinics, work force housing and pickers’ cabins, and
secondary suites. The minimum parcel size in the N.U zone is 7.2 ha. Under the N.U zone, the
Page 50 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.1
subject property would be permitted to have one single family dwelling or one two family
dwelling or one manufactured home, and one ancillary single family dwelling.
The proposal is to rezone the subject property to the Country Residential (C.R) zone. Uses
permitted in the C.R zone are similar to those permitted in the N.U zone. The minimum parcel
size in the C.R zone is 2 ha. Under the C.R zone, the subject property would be permitted to
have one single family dwelling or one two family dwelling or one manufactured home, and one
ancillary single family dwelling.
Building Sites & Lot Frontage
The Zoning Bylaw requires that all lots created within the Country Residential (C.R) zone
contain a contiguous area of land 2,000 m2 or larger in size to serve as a suitable building site.
A building site must be less than 30% natural slope and must be accessible from a public
highway via private access driveway having a minimum width of 5.5 m for a distance of 6 m and
a 4 m minimum width thereafter and a maximum slope of 2% from the ditch line for a minimum
distance of 10 m and a maximum slope of 15% thereafter. Lots proposed to be subdivided in
the Country Residential (C.R) zone are required to have frontage not less than one-tenth of the
perimeter of the lot.
OFFICIAL COMMUNITY PLAN:
The Electoral Areas “D” and “E” Official Community Plan Bylaw No. 2485, 2011 designates the
land use of the subject property as Country Residential which falls under the OCP ‘Rural
Residential Policies’. Rural Residential lands are intended to provide an alternate to urban
living with lots 1.0 hectare or larger. These lots emphasize an attachment to the lands and
utilization for rural and agricultural uses, but with lesser services and greater distances to
community facilities and shopping. Lands that may be suitable for rezoning to accommodate
Rural Residential land use are shown on the OCP map schedules as Country Residential (CR)
and Small Holdings (SH). The following policies are applicable to this application:
1. The OCP states that Rural Residential lands should conform to the following requirements:
• outside the Agricultural Land Reserve;
• not in an area with excessive slopes;
• not in an area that has high capacity for other uses such as gravel extraction, mining, or
forest development;
• not subject to flooding or in an area with a high water table;
• not subject to excessive expenditures for services such as roads, electric power and
school bussing;
• contains suitable building sites;
• contains sewage disposal areas;
• contains adequate water supplies as specified in the Subdivision Servicing Bylaw; and
• does not detrimentally affect neighbouring properties and the community as a whole.
2. Upon receipt of a rezoning application for Rural Residential developments, the Regional
Board will give consideration to the fire protection issues in the local area.
3. Subdivision for Rural Residential housing shall be in a manner that will conform to the
physical site characteristics and not produce a continuous expanse of housing.
Page 51 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.1
4. Due to the importance of an adequate water supply in Rural Residential areas, and the
uncertainty about water supply in some areas, assurances about the water supply as
specified in the Subdivision Servicing Bylaw shall be provided prior to the zoning of land for
Rural Residential use.
PLANNING ANALYSIS:
The Planning Department recommends that the proposal be given favourable consideration as it
represents a Rural Residential land use that is consistent with the Electoral Areas “D” and “E”
Official Community Plan land use designation of the subject property and complies with the
previously noted Rural Residential Land Policies in that the proposed lots would:
• be outside the ALR;
• not be in an area identified as having a high capability for other uses such as gravel
extraction, mining, or forest development;
• not be in an area identified as subject to flooding or having a high water table;
• not be subject to excessive expenditures for services such as roads, electric power and
school bussing;
• have the potential to be serviced with sewage disposal areas;
• have the potential to produce adequate water supplies;
• not detrimentally affect neighbouring properties and the community as a whole as there are
other C.R zoned parcels of similar or smaller size in the surrounding area; and
• conform to the physical site characteristics of the land and be consistent with the rural
residential character of neighboring lots fronting on this area of Highway 6.
The property is generally flat with opportunities to provide suitable building sites and driveway
access to each proposed lot in accordance with the Zoning Bylaw.
The proposal has been reviewed against the OCP policy that requires rezoning applications to
be considered in relation to the fire protection issues in the local area. In this regard, the OCP
Fire Protection Policy suggests that residents acknowledge and accept that fire protection
services are not provided in this area and that residents are encouraged to apply Fire Smart
principles for new and existing development.
SUMMARY:
This report relates to an application to rezone the property located at 1377 Highway 6. The
Planning Department recommends that Rezoning Bylaw No. 2657, 2014 be given First and
Second Readings and be referred to a Public Hearing as the proposal is generally consistent
with the policies contained within the Electoral Areas “D” and “E” Official Community Plan.
REFERRAL COMMENTS:
The application was referred for comments to the following:
1.
2.
3.
4.
Electoral Area “E” Director
Electoral Area “E” Advisory Planning Commission
Electoral Area Advisory Committee
Building Inspection Department
Page 52 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.1
Rezoning Application
14-0240-E-RZ (Elvera Silchenko)
Page 5
5. BC Hydro
6. Interior Health Authority
IHA has advised that they have no concern or objection to the proposed rezoning of the
subject property.
7. Ministry of Transportation and Infrastructure
The Ministry of Transportation and Infrastructure has granted Preliminary Approval for the
rezoning for one year pursuant to section 52(3)(a) of the Transportation Act and requested
that the bylaw be forwarded to MoTI for endorsement after Third Reading .
The Ministry has also advised that at the time of subdivision, an Access Permit for the
proposed new driveway will be a condition of Preliminary Layout Approval. The Ministry
reports that an on-site review of the proposed driveway location has been undertaken and
the Ministry has no concerns in this regard .
8. Ministry of Environment I Ministry of Natural Resource Operations
The Ecosystems Section of the Ministry of Forests, Lands and Natural Resource Operations
provided the following response to the above noted referral.
This application is subject to the Riparian Areas Regulation (RAR) . The proponent should be
advised that a RAR Assessment is required for subdivision as defined in Section 872 of the
Local Government Act. The assessment defines the required Streamside Protection and
Enhancement Area (SPEA) setback, which must be determined prior to subdivision . RAR
assessments must be completed by a qualified environmental professional (QEP) following
on
RAR
visit
the
provincial
RAR
guidelines.
For
more
information
http://www.env.gov.bc.ca/habitat/fish_protection_act/riparian/riparian_areas.html.
To ensure proposed activities are planned and carried out with minimal impacts to the
environment and in compliance with all relevant legislation , the proponent and approving
agency are advised to adhere to guidelines in the provincial best management practices
(BMP's) document: Develop with Care: Environmental Guidelines for Urban & Rural Land
Development (http://www.env.gov.bc.ca/wld/BMP/bmpintro.html). It is the proponent's
responsibility to ensure their activities are in compliance with all relevant legislation .
Submitted by:
Marnie Skobalski, MCIP, RPP
Planner
Endorsed by:
Greg Routley,
Deputy Planning Manager
Page 53 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.1
ELECTORAL AREA "E"
REZONING APPLICATION
SUBJECT PROPERTY MAP
File:
Applicant:
Location:
14-0240-E-RZ
ELVERA AND ERIC SILCHENKO
1377 HIGHWAY 6
N Of SIIII~\":Af' Rt'""
967
Subject Prope y
1403
965
KAP468
4
PLAN 2338/
Page 54 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.1
NOT TO BE USED FOR RE-ESTABLISHMENT OF PROPERTY BOUNDARIES.
ALL DISTANCES ARE IN METRES.
I
I
LOT 2
L OT 3
PLAN 24879
-
1
v
LOT 1
Certif ied correct this
6th day of July, 2010.
- h )hu L#-£L""7<1
B.C.L.S .
© WILLIAM E. MADDOX B.C.l.S. 2010
THIS DOCUMENT IS NOT VALID UNLESS ORIGINALLY SIGNED AND SEALED.
SURVEY CER TIFI CA TE SHOWING BUILDING
LOCA TIONS ON LOT 2, PLAN 24879,
SEC TIO NS 26 AND 35, TP 45, ODYD
SCALE:
DATE:
1 : 1250
OUR FILE:
R9024
6 July 10
DRAWN:
RB
Si lchenko
WILLIAM E. MADDOX
B.C .
L AN D
3500 90240800
Page 55 of 116
S URVE YOR
30th S TREET
VERNON, B.C. V1T 5E8
TELEPHONE (250)542- 4343
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.1
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2657
A bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North
Okanagan Zoning Bylaw No. 1888, 2003 to change a zone designation
WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C.,
1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the
Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional
District into zones, name each zone, establish boundaries for the zones and regulate uses
within those zones;
AND WHEREAS the Board has created zones, named each zone, established boundaries for
these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto;
AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local
Government Act, the Board must, by bylaw, define procedures under which an owner of land
may apply for an amendment to a Zoning Bylaw and must consider every application for an
amendment to the bylaw;
AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development
Application Procedures and Administrative Fees Bylaw No. 2315, 2008 and amendments
thereto” to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a
Rural Land Use Bylaw, or to issue a Permit:
AND WHEREAS the Board has received an application to rezone property;
NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open
meeting assembled, enacts as follows:
A. CITATION
This Bylaw may be cited as the “Rezoning Bylaw No. 2657, 2014”.
B. AMENDMENTS
1. The property legally described as Lot 2, Secs 26 and 35, Twp 45, ODYD, Plan 24879
and located at 1377 Highway 6, Electoral Area “E” is hereby rezoned from the NonUrban Zone [N.U] to the Country Residential Zone [C.R].
2. The Zoning Map, being Schedule “A” to the Regional District of North Okanagan Zoning
Bylaw No. 1888, 2003 is hereby amended accordingly.
Read a First and Second Time
this
day of
, 2014
Advertised on
this
This
day of
day of
, 2014
, 2014
Page 56 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.1
Page 2 of 2
Bylaw No. 2657
Public Hearing held pursuant to the provisions of
Section 890 of the Local Government Act
this
day of
, 2014
Read a Third Time
this
day of
, 2014
Approved by Minister of Transportation and
Infrastructure
(Transportation Act s. 52(3))
this
day of
, 2014
ADOPTED
this
day of
, 2014
Chair
Corporate Officer
Page 57 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.2
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 3900.2660
TO:
Board of Directors
FROM:
Corporate Services
DATE:
October 6, 2014
SUBJECT:
Electoral Area Property Tax Exemptions 2015
RECOMMENDATION:
That Electoral Area 2015 Property Tax Exemption Bylaw No. 2660, 2014 be given First, Second
and Third Readings and further;
That Electoral Area 2015 Property Tax Exemption Bylaw No. 2660, 2014 be Adopted.
ISSUE:
In accordance with Section 809 (3) of the Local Government Act, the Regional Board may, by
bylaw, exempt certain properties from taxation for the next calendar year.
DISCUSSION:
Approval of property tax exemption by the Regional District under the Local Government Act
exempts these properties from all property taxes collected for the year including ProvincialRural, School District, and Hospital.
Once a property has been exempted from taxation for that year by a municipality or regional
district, the assessed value for that property is not included in the total amount of net taxable
values of land and improvements as calculated by the BC Assessment Authority. Therefore,
any participation in a regional district function by the municipality or electoral area containing tax
exempt property is affected by a reduction in net taxable values for apportionment purposes.
The communication of the RDNO Property Tax Exemption Policy was advertised to advise
potential applications for tax exempt status of the policy requirements and deadlines.
The following organizations have requested to be exempt from taxation on both land and
improvements for the year 2015:
1. Vernon & District Association for Community Living
Assessment Roll No. 722-01170.001 PID n/a
Leased Portion of Plan 7726 and Plan B6253 (see Roll 01170.000)
Page 58 of 116
420 Mountview Road
(E.A. “C”)
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.2
2. Gyro Club of Vernon
(Cabin site) 4450 Lumby-Mabel Lake SE
Assessment Roll No. 789-27001.000 PID n/a
(E.A. "F")
Part DL 3517 KDYD, Crown Land Lease #336179 - East Shore of Mabel Lake
3. Mara Musical & Athletic Association
(Community Hall) 11 Coeii-Jones Road
(E.A. "F")
Assessment Roll No. 789-01632.000 PID 024-902-322
Plan KAP67887, Lot 1, Section 8, Township 20, Range 8, M6, KDYD
4. Mara Musical & Athletic Association
("Putula" Community Park) Hwy 97A
Assessment Roll No. 789-01653.005 PID 011-254-823
(E.A."F")
Lot 1, Plan 39723, Section 9, Township 20, Range 8, M6, KDYD
("Putula" Community Park) 30 Robson Road
5. Mara Musical & Athletic Association
Assessment Roll No. 789-01651.000 PID 011 -520-558
(E.A."F")
Lot 2, Plan 1580, Section 9, Township 20, Range 8, M6, KDYD,
except Plans 18309 and KAP49020
6. North Okanagan Community Life Society
Assessment Roll No. 722-00768.379 PID 006-519-351
Lot 5, Section 13, Township 8, Plan 23275
6780 Bryden Road
(E.A."B")
Bylaw 2660 (Electoral Areas 2015 Property Tax Exemption Bylaw No. 2660, 2014) is included,
subject to amendments.
Respectfully submitted,
Page 59 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.2
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2660
A Bylaw to authorize property tax exemptions for qualifying properties
within the Electoral Areas for the taxation year 2015
WHEREAS Section 809(4) [Property tax exemptions] of the Local Government Act, R.S.B.C.,
1996, Chapter 323, as amended, and Regulations passed pursuant thereto, provides the Board
of a Regional District to authorize, by bylaw, the exemption of property taxes to certain types of
property within Electoral Areas;
AND WHEREAS requests have been received from a number of organizations deemed
qualified for exemption;
AND WHEREAS the Board is desirous of granting exemption from property taxation to
qualifying organizations in accordance with Section 809(3)(a) [Property tax exemptions] of the
Local Government Act, for the next calendar year;
NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting
assembled, hereby ENACTS AS FOLLOWS:
CITATION
1.
This bylaw may be cited for all purposes as the "Electoral Areas 2015 Property Tax
Exemption Bylaw No. 2660, 2014".
ESTABLISHMENT
2.
Pursuant to Section 809 [Property Tax Exemptions] of the Local Government Act, the
following properties are hereby exempt from taxation on both land and improvements for
the year 2014:
a. Vernon & District Association for Community Living
Assessment Roll No. 722-01170.001 PID n/a
Leased Portion of Plan 7726 and Plan B6253 (see Roll 01170.000)
420 Mountview Road
(E.A. “C”)
b. Gyro Club of Vernon
(Cabin site) 4450 Lumby-Mabel Lake SE
Assessment Roll No. 789-27001.000 PID n/a
(E.A. “F”)
Part DL 3517 KDYD, Crown Land Lease #336179 - East Shore of Mabel Lake
c. Mara Musical & Athletic Association
(Community Hall) 11 Coell-Jones Road
Assessment Roll No. 789-01632.000 PID 024-902-322
(E.A. “F”)
Plan KAP67887, Lot 1, Section 8, Township 20, Range 8, M6, KDYD
d. Mara Musical & Athletic Association
(“Putula” Community Park) Hwy 97A
Assessment Roll No. 789-01653.005 PID 011-254-823
(E.A.”F”)
Lot 1, Plan 39723, Section 9, Township 20, Range 8, M6, KDYD
Page 60 of 116
Electoral Areas 2015 Property Tax Exemption
Exemption Bylaw No. 2660, 2014
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.2
Page 2
e. Mara Musical & Athletic Association
(“Putula” Community Park) 30 Robson Road
Assessment Roll No. 789-01651.000 PID 011-520-558
(E.A.”F”)
Lot 2, Plan 1580, Section 9, Township 20, Range 8, M6, KDYD,
except Plans 18309 and KAP49020
f.
North Okanagan Community Life Society
Assessment Roll No. 722-00768.379 PID 006-519-351
Lot 5, Section 13, Township 8, Plan 23275
6780 Bryden Road
(E.A.”B”)
Read a First, Second, and THIRD Time
this
day of
October,
2014
Reconsidered and ADOPTED
this
day of
October,
2014
__________________________________
Chair
Page 61 of 116
Corporate Officer
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
REGIONAL DISTRICT
of
NORTH OKANAGAN
PLANNING DEPARTMENT
INFORMATION REPORT
DEVELOPMENT PERMIT WITH VARIANCES
APPLICATION / FLOODPLAIN EXEMPTION REQUEST
DATE:
September 15, 2014
FILE NO.:
14-0028-F-DP / 14-0029-F-DVP
APPLICANT:
Rivers End Estates Ltd. c/o Walter Flathen
LEGAL DESCRIPTION:
Lot 2, Sec 22, Twp 20, R8, W6M, KDYD, Plan 1471 Except Plans
28790 and H809
P.I.D.#
011-559-284
CIVIC ADDRESS:
8192 Highway 97A
PROPERTY SIZE:
17.22 ha (42.55 acres)
SERVICING:
Onsite Community Water System and Private Community Sewer
System
ZONING:
Recreation Commercial (C.5) / Country Residential (C.R)
O.C.P. DESIGNATION:
Commercial / Future Commercial / Development Permit Area for
Protection of the Natural Environment (Mara Lake), Natural
Hazards (Shuswap River Floodplain) and Commercial Form and
Character
PROPOSAL:
Alter conditions and regulations related to a previously approved
recreational vehicle campground/resort (Crystal Sands)
PROPOSED VARIANCES:
Height of cabins; size of accessory buildings (sheds); maximum
size of uncovered and enclosed decks and sunrooms attached to
recreational vehicles; maximum allowable height of one sunroom
wall; and floodplain setback for cantilevered decks attached to
seasonal cabins.
PLANNING DEPARTMENT RECOMMENDATION:
That upon consideration of input from adjacent landowners, a Development Permit with
Variances be issued for the property legally described as Lot 2, Sec 22, Twp 20, R8, W6M,
KDYD, Plan 1471 Except Plans 28790 and H809 and located at 8192 Highway 97A, Electoral
Area “F” to vary the following sections of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003:
Page 62 of 116
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October 15, 2014 - Item E.3
Development Permit with Variances Application
14-0028-F-DP / 14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Page 2
1. Section 505.3 by varying the maximum allowable height of cabins from the lesser of 8
metres (26.25 feet) or two storeys to the lesser of 9.75 metres (32.0 feet);
2. Section 505.10.c by varying the maximum allowable size of accessory buildings (sheds)
from 7.432 m2 to 9.9 m2;
3. Section 505.10.c by varying the maximum allowable size of the existing accessory building
located at site LS42 from 7.432 m2 to 11.15 m2;
4. Section 505.10.c by varying the maximum allowable size of a deck or sunroom attached to a
recreational vehicle from 50% of the Gross Floor Area of the recreational vehicle to 50.0 m2;
5. Section 505.10.c by varying the maximum allowable height of sunroom walls from three feet
above the floor level to full wall height on the west side of the Park Model sunroom addition
located at site LS16 only; and further,
That the Development Permit with Variances contain the following conditions:
1. The dimensions and siting of the cabin sites, campsites, buildings and parking areas on the
land be in general accordance with the site plan attached as Schedule ‘A’ to the Planning
Department Report dated September 15, 2014;
2. The form and character of cabins to be constructed on the land be in general accordance
with the elevations attached as Schedule ‘B’ to the Planning Department Report dated
September 15, 2014. This hereby amends the previous Development Permit No.02-0474-FDP issued on February 12, 2003 by replacing Schedule A.1;
3. The landscaping on the land be in general accordance with the landscape plan attached as
Schedule ‘C’ to the Planning Department Report dated September 15, 2014;
4. Accessory buildings (sheds) must be finished with materials to match the recreation vehicle
located on the same site. This hereby amends the previous Development Permit No.020474-F-DP issued on February 12, 2003;
5. Development of the subject property shall be in accordance with Modification Covenant
CA3940183; and further,
That issuance of the Development Permit with Variances be withheld until the Regional District
of North Okanagan receives notification from the Ministry of Environment that their conditions
have been satisfied; and further,
That an exemption to Section 1701.3.b.i of the Regional District of North Okanagan Zoning
Bylaw No. 1888, 2003 be approved for the property legally described as Lot 2, Sec 22, Twp 20,
R8, W6M, KDYD, Plan 1471 Except Plans 28790 and H809 and located at 8192 Highway 97A,
Electoral Area “F” to permit the Shuswap River floodplain setback to be reduced from 30 m to
26.34 m for above grade cantilevered decks attached to seasonal cabins located on Sites RS1
to RS16 as shown on the site plan attached as Schedule ‘A’ to the Planning Department Report
dated September 15, 2014.
BACKGROUND:
This report relates to a Development Permit with Variances application for the property located
at 8192 Highway 97A, Electoral Area “F”. The property contains seasonal use cabins and a
recreational vehicle campground (known as Crystal Sands Resort). The development of the
property was previously authorized through the issuance of Development Permits and
Campground Permits. Through this application, the applicant is requesting amendments to the
previously approved Development Permits and variances to the Zoning Bylaw in order to allow
changes to the regulations associated with the height of cabins, size of sheds, the size of decks,
and the height of one sunroom wall. The applicant has also requested a floodplain exemption to
Page 63 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
Development Permit with Variances Application
14-0028-F-DP / 14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Page 3
permit seasonal cabins with above grade cantilevered decks to project into the floodplain
setback area.
Site Context
The subject property is adjacent of Highway 97A, Mara Lake and the Shuswap River. The
property slopes downwards from Hwy 97A but is generally flat overall. Access to the subject
property is gained from a driveway that connects to Highway 97A. The property contains an
established campground with 110 cabin and RV sites, a recreation building, manager’s
residence, sewerage treatment facility building, pump house building and storage building. The
property is serviced with an on site Community Water System and Private Sewer System.
The subject property is zoned Recreation Commercial (C.5) and Country Residential (C.R) and
is designated as Commercial and Future Commercial in the Electoral Area “F” Official
Community Plan. The property to the northeast is zoned Recreation Commercial (C.5) and is
designated as Commercial in the Electoral Area “F” Official Community Plan. The properties to
the south and east are zoned Country Residential (C.R) and are designated in the OCP as
Country Residential. The properties to the west are zoned Non Urban (N.U) and are designated
the same in the OCP. The properties to the northwest are zoned Non Urban (N.U) and are
designated in the OCP as Agricultural.
Provincial archaeological mapping indicates that the subject property is located in an area with
high potential to contain unknown archaeological sites. In accordance with Planning and
Building Operational Procedures, staff have notified the applicant using the Provincial
notification letter supplied by the Archaeology Branch of archaeological concerns.
The following orthophoto of the subject and surrounding properties was taken in 2013:
Page 64 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
Development Permit with Variances Application
14-0028-F-DP / 14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Page 4
Development History
A Development Permit was issued in 2003 to permit the development of a recreational vehicle
campground/cabin resort on the subject property. The Development Permit required that
Building Permits not be issued until the Province and the owners had agreed to the modification
of an existing environmental protection covenant (covenant KK3016) which was required for a
proposed development in 1994 that was not pursued. Following the issuance of the 2003
Development Permit, the owners worked with the Province and the Department of Fisheries and
Oceans Canada (DFO) to come to an agreement regarding covenant KK3016 but were unable
to come to a resolution. In 2004, the owners applied for an amendment to their Development
Permit to permit 6 cabins to be constructed prior to the modification of covenant KK3016. This
amended Development Permit was authorized in 2004. An increase in the height of the
seasonal use cabins from 8 metres to 8.54 metres was also approved in 2004. In 2005, as the
owners were still unable to come to an agreement with the Province and DFO, RDNO permitted
additional cabins to be constructed on the subject property provided they were not located
within the area pertinent to covenant KK3016 (Sites LS1-16).
Building Permits for cabins were issued for the subject property until 2011 when staff discovered
that covenant KK3016 and other matters pertaining to the existing Development Permit had not
been resolved. Staff have been actively working with the owners since this time to resolve the
outstanding matters. The Province and the owners have now resolved covenant KK3016 and a
covenant modification (CA3940183) was registered on September 3, 2014. The owners have
applied for the subject application to attempt to resolve the other outstanding matters pertaining
to their original Development Permit and variances to the Zoning Bylaw in order to allow
changes to the regulations associated with the height of cabins, the size of decks, size of sheds
and the height of one existing sunroom wall. The applicant has also requested an exemption to
the floodplain setback requirements to permit seasonal cabins with above grade cantilevered
decks to project into the floodplain setback area.
Covenants
A floodplain covenant (LB61642) was registered on the title of the subject property in 2007. The
covenant requires that the habitation and storage of goods or equipment which can be damaged
by floodwaters be setback at least 15 m from the natural boundary of Mara Lake and 30 metres
of the natural boundary of the Shuswap River. The covenant also requires a floodplain
elevation of 351.1 metres and saves harmless the Regional District and Province from all losses
or damages due to flooding.
A restrictive covenant (KX115656) which prohibits subdivision and residential use of the subject
property was registered in 2005.
An environmental protection covenant (KK3016) was registered on the title of the subject
property in 1996. A modification covenant (CA3940183) to this covenant was registered on
September 3, 2014.
Page 65 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
Development Permit with Variances Application
14-0028-F-DP / 14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Page 5
The Proposal
Through this application, the applicant is proposing to:
1. amend the previously approved Development Permits to resolve outstanding issues, clarify
the requirements and simplify the design guidelines;
2. vary the Zoning Bylaw to allow the height of cabins to be a maximum of the lesser of 9.75
metres (32.0 feet) or three storeys rather than the required lesser of 8 metres (26.25 feet) or
two storeys;
3. vary the Zoning Bylaw to increase the maximum allowable size of accessory buildings
(sheds) from 7.432 m2 to 9.9 m2;
4. vary the Zoning Bylaw for the existing accessory building (shed) located at site LS42 only to
increase the maximum allowable size from 7.432 m2 to 11.15 m2;
5. vary the Zoning Bylaw to allow decks to exceed the deck size limitations identified in the
Zoning Bylaw. The applicant is requesting permission to increase the maximum permitted
size of a deck vehicle from 50% of the Gross Floor Area of the recreational vehicle to 50.0
m2;
6. vary the maximum allowable height of one wall on an addition to a park model recreation
unit from three feet above the floor level to full height on the westside of the Park Model
located at site LS16 only; and,
7. reduce the Zoning Bylaw floodplain setback requirements from the Shuswap River to 26.34
m from 30 m for above grade cantilevered decks attached to seasonal cabins located on
Sites RS-1 to RS-16.
The applicant has indicated that of the existing 110 sites, there is 1 site with a non-conforming
(oversize) accessory building, 21 sites with non-conforming (oversize) decks or sunrooms and 1
site which contains a sunroom which was not constructed in accordance with the Zoning
Bylaw’s wall height regulations. As it relates to the cantilevered decks, all must be above the
floodplain elevation of 351.1m.
ZONING BYLAW:
The subject property is zoned Recreation Commercial (C.5) and Country Residential (C.R).
Uses in the C.5 zone include but are not limited to seasonal use and temporary accommodation
use including campgrounds, cabins, hotels, motels and one dwelling unit for the owner, operator
or employee of the principal and permitted use. The uses permitted within the C.R zone include
public service uses.
The following regulations apply to the C.5 zone:
Use Definitions
Seasonal Use is defined as a use providing for the accommodation of persons for recreational
or vacation purposes, for a period not exceeding 182 days of accommodation of any person
during a calendar year. Campground is defined as a development that accommodates a
temporary and seasonal use by travelers in tents or recreational vehicles (including Park Model
Recreational units).
Cabin
Cabins are defined as a single detached building for accommodation primarily to be used as a
commercial facility on a temporary or seasonal basis.
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Development Permit with Variances Application
14-0028-F-DP / 14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Page 6
Height of Buildings and Structures
The height of cabins and hotels/motels shall not exceed the lesser of 8 m (26.25 feet) or two (2)
storeys in height except where the average natural slope of the lot exceeds five percent (5%), in
which case the height of the cabin or hotel/motel on the downhill side of the road shall not
exceed a height of 5 m (16.40 feet) above the centre line of the road immediately adjacent to
the centre of the front of the cabin or hotel/motel. Cabins and hotels/motels located on the uphill
side of the road shall not exceed a height of 5 m (16.40 feet) above the mid point of the rear
property line on which the cabin or hotel/motel is located. The average natural slope of the lot
shall be measured from the lowest point on the lot to the uppermost point on the lot.
Recreational vehicles
Recreational vehicles are defined as trailers, motor-homes, truck and camper combinations but
for the purposes the bylaw does not include Park Model Recreational Units unless otherwise
specified elsewhere in the bylaw.
Trailer
Trailers are defined as vehicles, coach, house-car, conveyance, or conveyance with an addition,
designated to travel often on the highways, constructed or equipped to be used as temporary
living or sleeping quarters by travellers.
Park Model Recreation Unit
Park Model Recreation Unit is defined as a recreational vehicle designated as living quarters for
seasonal recreation accommodation, which can be relocated on occasion, and must be
connected to those utilities necessary for the operation of installed fixtures and appliances, and
has a Gross Floor Area, including lofts, not exceeding 50 m2 when in the setup mode, and has a
width greater than 2.6 m and less than 4.4 m in the transit mode. A park model recreational
vehicle must conform to CAN/CSA-Z241 Series Standard (dated 1992 or later) and is not a
trailer as defined by this bylaw.
Accessory Building Requirements
For each campsite located within a campground, the C.5 zone permits one accessory building
not exceeding a maximum size of 7.43 m2. Accessory buildings must be finished with cedar
siding or other materials to match the recreation vehicle (including Park Model Recreational
units) located on the same site.
Deck and Enclosed Sunroom Requirements
A covered deck or a glass or screen enclosed sunroom is permitted to be attached to the
recreation vehicle having a maximum area equal to 50% of the Gross Floor Area of the
recreation vehicle. Covered decks and sunrooms may not be enclosed by walls higher than
three feet above floor level and may not be heated or provided with electrical wiring services.
Lot Coverage
Lot coverage may not exceed 30% of the lot area for all buildings and structures.
Public Service Use
Public Service Use is defined as a means a use providing for the essential servicing with water,
sewer, electrical, telephone, and similar services where such use is established by another
governmental body, crown corporation, improvement district, or by a company operating under
the Water Utilities Act; includes broadcast transmission facilities and refuse disposal areas.
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October 15, 2014 - Item E.3
Development Permit with Variances Application
14-0028-F-DP / 14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Page 7
Floodplain Setbacks
To protect development from hazardous floodplain conditions, Section 1701.3.b.ii of the
Regional District Zoning Bylaw requires that buildings be setback 15 m from the Natural
Boundary of Mara Lake and 30 m from the Natural Boundary of the Shuswap River.
Section 1701.4.f of the Zoning Bylaw states that pursuant to Section 910(5) of the Local
Government Act, the Board of Directors may grant exemptions from the application of floodplain
setbacks provided that:
a. the property owner submits a written request for an exemption to the Board of Directors; and
b. the exemption is consistent with the Provincial Guidelines; or
c. a professional engineer or geoscientist, or other prescribed person, certifies that the
property can be safely used for the intended use.
ELECTORAL AREA “F” OFFICIAL COMMUNITY PLAN:
Development Permit Area for Protection of the Natural Environment (Mara Lake)
The Shuswap River, Mara Lake and Mabel Lake and their tributary watercourses and the lands
within an adjacent strip of 30 m from the Natural Boundary of each water body are designated
as Development Permit Areas for the protection of the natural environment, its ecosystems, and
biological diversity.
All new development within these designated areas requires a
Development Permit as a condition precedent to subdivision approval, building permit issuance
or land alteration. On reviewing a Development Permit application, the Regional Board is to
consider the following guidelines applicable to this development:
1. A covenant should be required to be registered on the title of the subject property to provide
that no natural vegetation shall be removed or degraded within a horizontal distance of 15 m
from the natural boundary of the affected water body except with the written authorization of
Fisheries and Oceans Canada and the Ministry of Environment.
2. No building or structure should be constructed, reconstructed, moved, extended or located
within a horizontal distance of 15 m from the natural boundary of the affected water body.
4. Those areas of the subject property that are located within the covenant areas described in
above should be fenced to prohibit livestock access.
5. The Covenantor should ensure that any clearing and/or excavation or fill done on the
subject property should be completed in such a manner as to ensure that sediment,
concrete washwater, leachates or any other substance of any type that may be deleterious
to aquatic life should not be deposited into the affected water body and/or adjacent flood
channels via ditches, storm sewers or overland flow.
6. The proposed development must be serviced with a potable water supply. If a water intake
is required into a watercourse, lake or pond then the plans for construction should be
submitted to Fisheries and Oceans Canada for their comments prior to construction.
7. A means of sewage disposal that does not discharge directly into a waterbody or
watercourse shall be installed for all developments. The applicant must provide evidence
that the filings required by the Sewerage System Regulation under the Health Act have
been made, or that a holding tank permit has been issued, or that treated sewage effluent
will be disposed of to ground in accordance with the Environmental Management Act.
8. A storm water management plan should be prepared by a professional engineer to provide
for the control of run-off from any new parking areas, internal roadways, and buildings
during and after the period of construction of any proposed buildings or structures.
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Development Permit with Variances Application
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Page 8
9. Developments which entail commercial accommodation uses should be connected where
practical to a community sewer system and community water system, where connection is
not practical, the Regional Board may require the applicant to investigate the benefits of
installing a Package Treatment System, this investigation should be completed at full cost to
the developer and should be completed by a certified professional and approved by Interior
Health Authority and/or the Ministry of Environment.
10. Commercial developments which entail the use of chemical products which could
contaminate the natural environment shall provide means to control these products within an
appropriate containment facility as approved by appropriate Federal or Provincial agencies.
11. Area residents are encouraged to play an active role in environmental stewardship within
the Plan area in which activities in and about natural watercourses, lakes and ponds should
be carried out in accordance with the following documents:
“Water Management - A Users Guide to Working In and Around Water”
 “Land Development Guidelines for the Protection of Aquatic Habitat”
 Stormwater Planning, a Guide for British Columbia
 Best Practices for Instream Works
 Environmental Best Management Practices for Urban & Rural Land Development
12. The Regional District will stress the need for an Environmental Impact Analysis by qualified
professionals as part of the land use application process in environmentally sensitive areas.
Development Permit Area for Hazardous Conditions (Shuswap River Floodplain)
Lands adjacent to the Shuswap River and its lake system and designated as 'Commercial' or
'Industrial', and all lands within the provincially designated Shuswap River Floodplain are
designated as Development Permit Areas for the protection of development from hazardous
conditions. New developments must obtain a Development Permit as a condition precedent to
subdivision approval, building construction or land alteration.
Covenant LB61642 registered on the title of the subject properties restricts habitation or storage
of goods or equipment which can be damaged by floodwaters to being setback at least 15 m of
the natural boundary of Mara Lake and 30 m of the natural boundary of the Shuswap River.
The covenant also requires a floodplain elevation of 351.1 m GCS datum and saves harmless
the Regional District and Province from all losses or damages due to flooding. This covenant
satisfies the OCP Floodplain DPA exemption policies and no further conditions will be required
in this regard.
Development Permit Area for Form and Character of Commercial Development
The Electoral Area “F” OCP states that all land designated as 'Commercial' are designated as
Development Permit Areas for the establishment of guidelines for the form and character of
development. New development must obtain a Development Permit as a condition precedent to
building construction or land alteration. On reviewing a Development Permit Application, the
Regional Board is to consider the following guidelines:
1. Vehicle parking should be encouraged at the rear or side of building and should be in smaller
clusters and screened from view with landscaping or natural vegetation while still maintaining
sight distances for safe access and egress;
2. The massing of buildings should be variable in form and should be incorporated where
practical into smaller blocks which relate to the contours of the natural landscape;
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3. Building heights and setbacks should generally conform with the height and setbacks of those
of the property to be developed and/or adjacent lands and in all circumstances shall conform
to the "Regional District of North Okanagan Zoning Bylaw No. 1888, 2003";
4. Vistas should be respected where practical through the development to prominent natural
features beyond the subject land;
5. Exterior design and finish should incorporate products which compliment the natural setting;
6. The form and character of development and landscaping should harmonize with the natural
setting and should reflect a low density of development.
LOCAL GOVERNMENT ACT:
Section 910(5) of the Local Government Act permits local governments to exempt a person from
the floodplain setback and the floodplain elevation in relation to a specific parcel of land or use
of a building if the local government considers it advisable and:
a. considers that the exemption is consistent with the Provincial guidelines, or
b. has received a report that the land may be used safely for the use intended, which report is
certified by a person who is a professional engineer or geoscientist and experienced in
geotechnical engineering.
Section 910(6) of the Local Government Act states that the granting of an exemption may be
made subject to the terms and conditions the local government considers necessary or
advisable, including those identified above and requiring that a person enter into a covenant
under Section 219 of the Land Title Act.
PROVINCIAL FLOODPLAIN GUIDELINES:
The Provincial guidelines recommend that should a written request for a floodplain exemption
be submitted, local governments require that a Professional Engineer or Geoscientist, or other
prescribed person certify that the property can be safely used for the intended use. Additionally,
it is recommended that the property owner voluntarily register as a priority over other charges a
Covenant that identifies flood proofing measures and saves harmless the local government.
PLANNING ANALYSIS:
It is recommended that the Development Permit with Variances application be given favourable
consideration as the proposed commercial development complies with the Electoral Area “F”
Official Community Plan Development Permit guidelines and it does not appear that the
proposed variances would have a negative impact on the use and enjoyment of the subject and
neighbouring properties.
With regard to the design guidelines, it is suggested that proposed works would conform with
the existing character of the resort and surrounding setting. The owners have requested to
amend the previously approved Development Permits to clarify the requirements and simplify
the design guidelines. The previous Development Permit design requirements are more
prescriptive than proposed new guidelines for Development Permits in the OCP and have been
problematic to implement when minor changes are requested. The design requirements
internally required by Rivers End were provided by the owners and Staff are of the opinion they
meet the requirements of the Official Community Plan guidelines as they require materials
Page 70 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
Development Permit with Variances Application
14-0028-F-DP / 14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Page 10
which incorporate products which compliment the natural setting. Design examples are attached
to this report.
The Planning Department raises no objections to the proposed variances for the following
reasons:
Height of Cabins
The owners have requested a variance to permit an increase of the height of cabins to a
maximum of 9.75 m (32.0 feet). The applicants’ reasons in support of the proposed variance
include:
 The architectural guidelines for the development require a 6/12 roof pitch; and,
 The Zoning Bylaw requires that the underside of any floor system supporting any space or
room that is used for dwelling purposes or the storage of goods which are susceptible to
damage by flood waters be above the Flood Construction Level. The required Flood
Construction Level for the subject property is 351.1 m GSC datum. The Zoning Bylaw
exempts the portion of a building used as a garage or foyer from the requirements relating to
Flood construction Level. As the natural elevation of the subject property is below 351.1 m,
seasonal dwellings are required to have a first floor garage and no habitable space is
permitted within the first floor area.
Planning Department recommends that the proposed height variance be supported for the
following reasons:
 A Development Variance Permit to increase of the height of cabins from 8 m to 8.54 m was
previously approved by the Board in 2004 and the new proposed increase is not significantly
higher;
 The Recreation Commercial Zone does not restrict the maximum size of cabins, therefore
this proposed increase in height to improve the use of the top floor of the building does not
effect any floor space requirement;
 Other zones within the Zoning Bylaw permit higher dwellings such as the Rural Zones which
permit a maximum dwelling height of 12 m (39.37 feet) and the Residential Large Lot
Housing with Suite or Two Family Dwelling Zone (R.7) which permits a maximum dwelling
height of 11 m (36.09 feet);
 The development is located well below the elevation of Highway 97A and the proposed
height increase should not affect the viewscapes from the highway; and,
 The required roof pitches are steep and therefore, the top storey will always be smaller than
the main floor of the cabin.
Accessory Buildings
The owners have requested to vary the size of campsite accessory buildings (sheds) from 7.432
m2 to 9.9 m2 generally and from 7.432 m2 to 11.15 m2 specifically for an existing accessory
building located at site LS42 which was constructed without a Building Permit. Staff note that
the size of accessory buildings are not restricted where C.5 zoned properties contain seasonal
cabins.
Planning staff have determined that at maximum build out (including deck and sunroom
additions, campsite accessory buildings and service buildings) the lot coverage would conform
to the Zoning Bylaw lot coverage requirements. The Board of Directors recently authorised
issuance of a DP with Variances for a property to the north (Club Mara) to have accessory
buildings up to 9.9 m2. Building Permits would not be required as the Building Bylaw exempts
accessory buildings which are less than 10 m2 from requiring a Building Permit; however a
Page 71 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
Development Permit with Variances Application
14-0028-F-DP / 14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Page 11
Building Permit will be required for the accessory building located at LS42. Staff suggest a
variance to legalize the accessory building constructed at Site LS42 may be reasonable as it is
site specific and would not impact the use and enjoyment of the adjacent sites or properties.
Size of Deck and Sunroom Additions
The proposal requests deck additions of 50 m2 which when combined with a Park Model RV unit
would be a maximum of 100 m2 respectively as Park Model RV units, by definition, are limited in
size to a maximum of 50 m2. While the proposed deck additions are double what is permitted by
the Zoning Bylaw, the proposed deck additions are consistent with other variances proposals
which have been approved by the Board of Directors.
A DP with Variances was issued in 1998 for a nearby C.5 zoned property to the north (Willow
Shores) to permit decks additions to a maximum of 95 m2 when combined with the RV unit
provided the deck is not screen glazed or otherwise enclosed to create a room. Staff note
Zoning Bylaw No. 725, 1986, which was in place in 1998, did not permit deck or sunroom
additions to RVs and the bylaw also restricted seasonal cabins (also permitted within the C.5
zone) to a maximum of 95 m2. The variance was approved based on the maximum size of a
seasonal cabin. The Board also authorised issuance of a DP with Variances in January 2014
for another C.5 zoned property to the north (Club Mara) to a maximum of 51.56 m2 not including
stairs or 53.42 m2 including stairs. Planning staff note the current Zoning Bylaw does not restrict
the size of a seasonal cabin and the cabins currently located at Crystal Sands are larger than
100 m2.
In addition to the above, Planning staff note the use of camping spaces and seasonal cabins is
limited to seasonal use by the Zoning Bylaw, and Building Permits will be required to legalize
existing and permit future covered and raised decks. It is also noted that Building Inspector
commented that all Building Code requirements can be accommodated what ever the permitted
variances are; however, they could be more onerous specifically regarding Building Code
requirements for spatial fire separation on adjacent Park Model additions. Building Code
implications for existing additions constructed without Permits will be dealt with on a case by
case basis through the Building Permit process.
Sunroom Construction Standards
Sunroom additions to Park Model RVs are permitted by the Zoning Bylaw; however, they are
limited in size and may not have walls higher than three feet above floor level and may not be
heated or provided with electrical wiring services. There is an existing sunroom on the subject
property (Site LS16) which was constructed without a Building Permit and is non-conforming as
the western wall measures at four feet above the floor level and the southern wall facing the
internal roadway does not have any windows at all. The sunroom as constructed cannot comply
with BC Building Code fire separation requirements and through consultation with an Engineer,
the Engineer has determined that the number of openings (windows) of the sunroom would
need to be reduced for the sunroom to comply with Building Code. In an attempt to comply with
the Building Code requirements to legalize the existing sunroom, the owners are proposing to
add windows on the wall facing the internal roadway which comply with the Zoning Bylaw and to
remove the windows on the internal wall to comply with BC Building Code. The western wall will
require a variance to the Zoning Bylaw to eliminate the windows.
Staff suggest a variance to legalize the sunroom constructed at Site LS16 may be reasonable
as the owners are unable to reconstruct the sunroom to comply with the Zoning Bylaw due to
BC Building Code requirements. While the proposed variance would legalize Site LS16, the
Page 72 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
Development Permit with Variances Application
14-0028-F-DP / 14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Page 12
owners have been informed that the Building Code requirements for spatial fire separation on
adjacent Park Model additions may be problematic and future construction of sunroom additions
adjacent to vacant sites should consider these requirements.
Floodplain
The Planning Department recommends that the Floodplain Setback Exemption request be given
favourable consideration for the following reasons:
1. the applicant has submitted a letter from a Professional Engineer stating that the land within
the proposed building site can be safely used for the use intended; and,
2. the proposal is consistent with the above noted Provincial floodplain guidelines.
In addition to the above and in accordance with the recommendation of the Provincial floodplain
guidelines, a Section 219 Restrictive Covenant is registered on the title of the subject property
which saves harmless the Regional District and Province from any losses or damages that may
be caused due to flooding.
Staff also note that the Floodplain elevation requirement and setback of the structure of the
cabins will still meet Zoning Bylaw requirements, only the cantilevered portion of the deck on the
cabin will be able to project into the Floodplain setback area. This means that any support
structure for the decks must not be located in the floodplain.
SUMMARY:
This report relates to a Development Permit with Variances application for the property located
at 8192 Highway 97A, Electoral Area “F”. The property contains seasonal use cabins and a
recreational vehicle campground and is known as Crystal Sands Resort. The development of
the campground was previously authorized through the issuance of Development Permits and
Campground Permits.
Through this application, the applicant is proposing to:
1. amend the previously approved Development Permits to resolve outstanding issues, clarify
the requirements and simplify the design guidelines;
2. vary the Zoning Bylaw to allow the height of cabins to be a maximum of the lesser of 9.75
metres (32.0 feet) or three storeys rather than the required lesser of 8 metres (26.25 feet) or
two storeys;
3. vary the Zoning Bylaw to increase the maximum allowable size of accessory buildings
(sheds) from 7.432 m2 to 9.9 m2;
4. vary the Zoning Bylaw for the existing accessory building (shed) located at site LS42 only to
increase the maximum allowable size from 7.432 m2 to 11.15 m2;
5. vary the Zoning Bylaw to allow decks to exceed the deck size limitations identified in the
Zoning Bylaw. The applicant is requesting permission to increase the maximum permitted
size of a deck vehicle from 50% of the Gross Floor Area of the recreational vehicle to 50.0
m2;
6. vary the maximum allowable height of one wall on an addition to a park model recreation
unit from three feet above the floor level to full height on the westside of the Park Model
located at site LS16 only; and,
7. reduce the Zoning Bylaw floodplain setback requirements from the Shuswap River to 26.34
m from 30 m for above grade cantilevered decks attached to seasonal cabins located on
Sites RS-1 to RS-16.
Page 73 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
Development Permit with Variances Application
14-0028-F-DP / 14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Page 13
The Planning Department recommends that upon consideration of input from adjacent land
owners, the application receive favourable consideration as the proposed commercial
development complies with the Electoral Area “F” Official Community Plan Development Permit
guidelines and it does not appear that the proposed variances would have a negative impact on
the use and enjoyment of the subject and neighbouring properties.
REFERRAL COMMENTS:
The application was referred for comments to the following:
1.
2.
3.
4.
5.
Electoral Area “F” Director
Electoral Area “F” Advisory Planning Commission
Electoral Area Advisory Committee
Ministry of Environment
Building Inspection Department
The Building Department provided the following comments:
All building code requirements can be accommodated what ever the permitted variances
are. They just might be more onerous specifically regarding Building Code requirements for
spacial separation on adjacent Park Model additions. With respect to the requested
variance to construction standards of Park Model sunrooms, regardless of the ability to
construct the additions in compliance with the BC Building Code, it would seem to be an
inconsistent approach to grant allowances to River’s End residents where others were
denied.
6. Ministry of Transportation and Infrastructure
The Ministry commented that their interests are unaffected.
7. Department of Fisheries and Oceans (DFO) Canada
DFO provided the following comments:
The role of the DFO’s Fisheries Protection Program (FPP) is to protect and conserve fish
and fish habitat in support of Canada’s coastal and inland fisheries resources, and to make
regulatory decisions under the fisheries protection provisions of the Fisheries Act*. The FPP
is specifically responsible for reviewing projects for which a s.35(2) Fisheries Act
Authorization is required.
DFO does not have a regulatory role related to the
development/review of regional land use plans because it does not directly involve works,
undertakings or activities that will result in serious harm to fish. If you feel that your plan may
facilitate works, undertakings or activities that will result in harm to fish or fish habitat, or you
are unsure of how to protect fish or fish habitat through your planning initiative, then DFO
recommends that you retain the services of a Qualified Environmental Professional (QEP)
with relevant experience and expertise. DFO’s Projects Near Water website provides
detailed guidance on the preparation and submission of individual project referrals to the
FPP (http://www.dfo-mpo.gc.ca/pnw-ppe/index-eng.html).
Page 74 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
Development Permit with Variances Application
14-0028-F-DP /14-0029-F-DVP (Rivers End Estates Ltd. c/o Walter Flathen)
Submitted by:
Page 14
Reviewed by:
er
Endorsed by:
Rob Smailes, MCIP, RPP
General Manager, Planning and Building
Page 75 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
ELECTORAL AREA "F"
DEVELOPMENT PERMIT WITH VARIANCE APPLICATION
SUBJECT PROPERTY MAP
File:
Applicant:
Location:
14-0028-F-DP / 14-0029-F-DVP
RIVERS END ESTATES LTD.
8192 HIGHWAY 97A
Page 76 of 116
MARA LAKE
cmlSTRUCTED RE TAIWNC \VALL AS SHO'o'l~l
m1 LS-2/LS-:5 LOT LIIIE N-m FRO\~
LS-2/LS-J LOT Ull[ TO LS-7/LS-8 LOT UI~E
LEGAL DESCRIPTION
LOT 2 SEC. 22 TWP 20 RANGE 8
WEST OF 6th M
K.D.Y.D.
4
0. 1 me t re CONTOUR INTERVAL
ELEVATIONS FROM GCM 53447
TABLET MARI{ ING 79C321 ELEV = 350.572
FlSt-lERIES SEIISITIVE Zo.'IE AREAS
=
=
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AREAS-fSZ- Im
AREAS fSZ
~\
18.4265q.rn.
(67.8 r.)
8 741 §0 m.
0 7.2r.)
27,167 sq.m.
TOTAL AREA FSZ
MARA LAKE
Schedule 'A'
Attached to and forming part of
DEVELOPMENT PERMIT WITH VARIANC ES APPLICATION I
FLOODPLAIN EXEMPTION REQUEST
File No. 14-0028-F-DP /14-0029-F-DVP
Staff Report Dated September 15, 2014
~~~V~~~~!E~~E~~~T S~II~~Ui~~: SET8ACi<
TCP Of BANK OF SHUSWAP
FISHERIES COVEN A1H
t,,
I
15m (49.2') FlSHE.RIES SEIISITIVE
OEVElOP~' EIH PER~IIT
o I
t,,,
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DEVELOPMENT PERMIT - SCHEDULE A
ZmiE SET8ACK
-
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LOT A
PRESWT NATURAL BOI.mOARY
PLAN
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Page 77 of 116
RIVER
NATURE RESERVE AREA
( TUR TLE POND )
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.........-1
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--{
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DEVELOPLmrT PERLIIT - SCHEDULE A
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TOP OF BMK OF SHUSWAP RIVER
FISHERIES COVL~AHT
DEVELOP~mn PERMIT -
RIVER'S END ESTA TES
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AJR PROTECllO~l COVDIA11T
SETBACK - JOm {96.42')
SCHEOULE A
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MARA , B.C.
/'.;! / ;o;
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DRAWING TITLE :
SITE PLAN
3 4 9 0
0 3
10
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
- - - - - flOOOPLAJII SETBACK W~E- SHUSWAP RI>,-LR
(MIIIISTRY Of \YATER. LAIIO & A1R PROTECT10tl CO'vt:IINIT)
• - - - - • nSHERlES SENSlll\ot: Z<XIE SETBACK
;,
·I
'I
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BOARD of DIRECTORS - REGULAR AGENDA
'I
October 15, 2014 - Item!I E.3
II
II
If
If
II
II
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II
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Schedule '8'
Attached to and forming part of
DEVELOPMENT PERMIT WITH VARIANCES APPLICATION I
FLOODPLAIN EXEMPTION REQUEST
File No. 14-0028-F-DP /14-0029-F-DVP
Staff Report Dated September 15, 2014
Page 78 of 116
---------------
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
Schedule 'B'
Attached to and forming part of
DEVELOPMENT PERMIT WITH VARIANCES APPLICATION I
FLOODPLAIN EXEMPTION REQUEST
File No. 14-0028-F-DP /14-0029-F-DVP
Staff Report Dated September 15, 2014
Page 79 of 116
I,
BOARD of DIRECTORS - REGULAR AGENDA
'I
II E.3
October 15, 2014 - Item
I'
II
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li
II
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II
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II
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Schedule 'B'
Attached to and forming part of
DEVELOPMENT PERMIT WITH VARIANCES APPLICATION I
FLOODPLAIN EXEMPTION REQUEST
File No. 14-0028-F-DP /14-0029-F-DVP
Staff Report Dated September 15, 2014
Page 80 of 116
MARA LAKE
COOSTRUCTEO RETAltnNG WALL AS SHO'Ml
Cfl LS-2/LS-3 LOT liNt AND fROU
lS-2/lS-3 lOT ~E TO lS-7/LS-8 LOT UllE
LEGAL DESCRIPTION
LOT 2 SEC. 22 TWP 20 RANGE 8
WEST OF 6th M
K.D.Y.D.
4
0.1 metre CONTOUR INTERVAL
ELEVA TIONS FROM GCM 53447
TABLET MARKING 79C32 1 ELEV = 350.572
EXISTinG GR<XJP Of TREES
(TW.)
MARA LAKE
Schedule 'C'
Attached to and forming part of
DEVELOPMENT PERMIT WITH VARIANCES APPLICATION I
FLOODPLAIN EXEMPTION REQUEST
File No. 14-0028-F-DP /14-0029-F-DVP
Staff Report Dated September 15, 2014
EXISTING CROUP OF TREES
(1W.)
PROPOSED TREE
(1W.)
I;,
,,,,
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,,,,
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LOT A
PLAN
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Page 81 of 116
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NO.I
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.3
I
5
C-29
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LEGEND
- - PRESENT IIATURAL BOUNDARY
- - - - - nOOOPLAIU SEfB.t.O< LINE (RONO) UARA LAKE
- - - - - n OOOPl.AIU SETBACK LINE - SHUSWAP RIVER
( t.ILUISTRY or wMER. LAtiD a: AIR PROTEcno.-. covEUANl)
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3 4 9 0
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7
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.4
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 3046.01.04
TO:
Electoral Area Advisory Committee
FROM:
Anna Page, Sustainability Coordinator
DATE:
September 18, 2014
SUBJECT:
Community Works Fund #096
RECOMMENDATION
That it be recommended to the Board of Directors, that the Mabel Lake Water Utility water quality
testing be funded from the Electoral Area “F” allocation of the Community Works Fund at a cost of
$12,000.00.
DISCUSSION:
The Mabel Lake Water (MLW) Utility is a small water system owned and operated by the Regional
District of North Okanagan. The system supplies drinking water to the Mabel Lake Resort community,
and currently provides potable water to 307 residential and 3 commercial connections. The majority
of connected residents and all 3 commercial connections are seasonally occupied, with approximately
20 connections considered year-round or permanent. The population increases to an estimated 1400
persons during peak summer months.
In order to meet the Interior Health Authority (IH) “Conditions on Permit”, the MLW System requires
improvements taking into account the IH goal of 43210 treatment objectives. Currently the MLW
System only has one form of disinfection - chlorination. An engineering study has recommended the
second form of disinfection with ultraviolet (UV) light. Subject to funding, construction of a UV Water
Treatment Facility is planned for 2016 or 2017.
This project is for water quality testing, to gather information necessary to refine the design
requirements of the UV Light Water Treatment Facility.
COMMUNITY WORKS FUND
The project has been assessed utilising the Regional District of North Okanagan Community Works
Fund (CWF) Tier 2 project assessment which is attached to this report for your review and
information. The project meets the criteria of the Community Works Fund under the drinking water
infrastructure category.
SUMMARY:
It is recommended that the MLW Utility water quality testing be funded from the Community Works
Fund at a cost of $12,000.00
Page 82 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.4
CWF#096
Report to EAAC- September 18, 2014
Page 2
Submitted by:
----
~Aima Page, SLJstainability Coordinator
Approved For Inclusion:
Endorsed by:
Rob Smailes, MCIP
General Manager, Planning and Building
Page 83 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.4
Community Works Fund Project Assessment – Tier 2
Over $8,000
Date: September 17, 2014
Project #: 096
Recipient: RDNO – Mabel Lake Water Utility
Project Cost: $12,000
Project Description: Mabel Lake Water Utility Water Quality Testing for facility design
purposes
The Mabel Lake Water Utility is a small water system owned and operated by the
Regional District of North Okanagan. The system supplies drinking water to the Mabel
Lake Resort community, and currently provides potable water to 307 residential and 3
commercial connections. The majority of connected residents and all 3 commercial
connections are seasonally occupied, with approximately 20 connections considered
year-round or permanent. The population increases to an estimated 1400 persons
during peak summer months.
The water system is comprised of the following:
An intake screen located in Mabel Lake approximately 250m south-east of the
Lakeshore Pump House, about 25m deep.
An intake pipe delivers water from the screen to a clear well under the floor of the
Lakeshore Pump House.
Water from the clear well is chlorinated and pumped into a transmission main, providing
chlorine contact time. From here the water flows into the distribution system.
A mid level reservoir is supplied from the Lakeshore Pump House via the transmission
main and distribution network described above.
A booster station pumps water from the mid level reservoir to an upper level reservoir
and distribution system.
Backup power for the MLW system does not exist; however the reservoirs provide water
by gravity during power outages, and the system therefore does not lose water supply by
short term loss of power.
In order to meet the Interior Health Authority (IH) “Conditions on Permit”, the MLW
System requires improvements taking into account the IH goal of 43210 treatment
objectives. Currently the MLW System only has one form of disinfection - chlorination.
An engineering study has recommended the second form of disinfection with ultraviolet
(UV) light. Subject to funding, construction of a UV Water Treatment Facility is planned
for 2016 or 2017.
This project is for water quality testing, to gather information necessary to refine the
design requirements of the UV Light Water Treatment Facility.
Page 84 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.4
Project Eligibility
Eligible funding recipient?
Eligible costs?
If project is related to a building,
is the building primarily used for
public good?
Yes

Explanation
RDNO

Expenditures associated with acquiring a
tangible capital asset
The proposed building is a water treatment
facility for the public water utility

Benefits of the Project –
Yes

Benefit to local community

Benefit to Electoral Area
Explanation
Results of Water Quality Testing will provide
information necessary to refine the design of
the proposed UV water treatment facility,
required to meet IHA “Conditions on Permit”
Mabel Lake is a tourist destination and if the
water system serving the community meets
IHA requirements it will not adversely affect
tourism
Benefit to more than one
Electoral Area
Benefit to all Electoral Areas
Benefit to entire Regional
District
Does the Project meet funding agreement categories?
Project Category
Yes
Public Transit – infrastructure that supports a shared passenger transport
system available for public use
Community Energy Systems – infrastructure that generates or increases the
efficient use of energy
Drinking Water – infrastructure that supports drinking water conservation,
collection, treatment and management systems
Wastewater – infrastructure that supports wastewater and storm water
collection, treatment and management systems.
Solid Waste – infrastructure that supports solid waste management systems
including the collection, diversion and disposal of recyclables, compostable
materials and garbage.
Capacity Building – investments related to strengthening the ability of local
governments to develop long-term planning practices
Page 85 of 116

BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.4
Local roads, bridges (roads, bridges and active transportation infrastructure
Sport Infrastructure – amateur sport infrastructure
Recreational Infrastructure – recreational facilities and networks.
Cultural Infrastructure – infrastructure that supports arts, humanities and
heritage
Tourism Infrastructure – infrastructure that attract travelers for recreation,
leisure, business or other purposes.
Disaster Mitigation – infrastructure that reduces or eliminates long-term
impacts and risks associated with natural disasters.
Does the Project work towards achieving one of the three key national objectives?
Fund Priorities
Yes Explanation
Productivity and Economic
Growth
Clean Environment

Strong Cities and Communities
The UV water treatment facility will improve
the reliability of the water system, reducing
the number of Water Quality Advisories and
Boil Water Notices
Does the Project incorporate principles of Sustainability?
Principles of Sustainability
Yes

Explanation
The UV water treatment facility will improve
the reliability of the water system, reducing
the number of Water Quality Advisories and
Boil Water Notices
Yes

Explanation
Any works completed by CWF grants are
publicized in a letter to the residents that are
added to their water bills
Social
Environmental (e.g. energy
efficiency, water savings etc)
Economic
Other benefits of the Project
Project Benefits
Education value
Public Awareness (media
opportunities)
Leverage of additional
resources (funds, volunteer
time, in-kind contributions)
Page 86 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.4
Integration with other Regional District of North Okanagan initiatives
The Community Works Fund has been used to fund improvements to all of the RDNO
water utilities and this project will assist in the RDNO providing reliable supply to
customers.
Justification for prioritisation of project
Water Quality Testing at the Mabel Lake Water Utility will provide information required
to refine the design of a UV Water Treatment Facility, which will increase reliability of
supply to customers and reduce the number of Water Quality Advisories and Boil
Water Notices
Distribution of Funds
Electoral Area F
Staff Recommendation
That the Mabel Lake Water Utility Water Quality Testing be funded.
Page 87 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.6
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 5720.07.07
TO:
Greater Vernon Advisory Committee
FROM:
Engineering
DATE:
September 18, 2014
SUBJECT:
Review of Private Hydrant Policies and Rates
RECOMMENDATION:
That it be recommended to the Board of Directors that staff be directed to develop a policy and
procedure to monitor annual maintenance of private hydrants; and further
That the information provided in the Staff report dated September 18, 2014 titled Review of Private
Hydrant Policies and Rates be used in the 2015 Greater Vernon Water rate setting discussion to
review the current unmetered fire main rates and adjust the rates appropriately.
BACKGROUND/HISTORY:
At the July 3, 2014 Greater Vernon Advisory Committee meeting the Committee received a report
from Staff (attached) with the following resolution was carried:
That the Report "Unmetered Fire Main Rates" dated June 18, 2014 be received for
information; and further,
That it be recommended to the Board of Directors that Barb Mitchell, Highlands Golf be
advised that the Regional District of North Okanagan does not wish to assume
ownership of the private unmetered 150mm fire hydrant located on the property at 7961
Buchanan Road.
The report outlined the current fees we charge for Unmetered Fire Main Rates and why these fees are
charged. During the discussion, Committee members requested a review of what the maintenance
policies for private hydrants are for other water utilities and fee charged.
DISCUSSION:
Currently, GVW does not monitor annual maintenance of private hydrants. The following provides a
summary of policies and rates from other BC communities, including:
-
City of Vancouver
City of Kelowna
City of Abbotsford
Page 88 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.6
Review of Private Hydrant Policies and Rates
-
Page 2 of 3
City of Penticton
Glenmore-EIIison Irrigation District
City of Kamloops
City of Prince George
City of Pembroke, Ontario
In general, there were four common private hydrant policies followed by the jurisdictions reviewed:
- Metering - Hydrants are placed after the property's water meter to account for any water
consumption. Also requires backflow prevention for private hydrants.
Limiting Use - Private hydrants are only to be used for fire fighting and briefly for annual
testing/flushing. Enforcement measures (fines) required to discourage uncontrolled use.
Permitting - A permit is required prior to use of public or private hydrants to ensure the utility
is aware of the use and can prepare accordingly to manage demand spikes and aid the fire
department in removing equipment is the hydrant is needed to fight a fire.
Owner's Responsibility - Private hydrants are the property owner's responsibility, which
includes paying for the costs of annual maintenance (as outlined in the B.C. Fire Code).
Sample Fees:
Water Utilitv
City of Vancouver
City of Kelowna
Bylaw Fees
50mm
75mm
100 mm
150 mm
200 mm
250mm
300mm
$301.44
City of Pembroke, Ontario
$5/cubic meter plus HST
City of Abbotsford
Range from $0.92 to $1.15
depending on customer
class/tier
Glenmore-EIIison Irrigation
District
Approximately $0.40/cubic
meter
$210
$314
$434
$500
$587
$622
$667
$25/day
City of Prince George
$200 permit fee plus $25/day of
use
$150
Comments
Annual fireline rates based on
pipe size (mm)
Annual Fire Protection Use - a
flat fee for all diameter fire
mains.
Charge for water used from a
hydrant. (All hydrants metered)
All private mains metered at
property line. Rate includes
domestic water consumption
and hydrant water use.
Estimated consumption charge
based on excess consumption
chame in domestic fees bylaw.
Hydrant use fee (primarily
applies to public hYdrants).
Hydrant use fee.
Annual private hydrant
maintenance fee.
To discourage non-fire fighting uses, several jurisdictions require a permit for hydrant use and require
a staff person be present during testing/maintenance work to monitor and ensure hydrant use is
performed according to standards (in particular backflow prevention) to protect the public water
supply. The permit often requires that a meter box with backflow prevention device be used. This is a
requirement for public hydrant use in the GVW service area.
Page 89 of 116
Review of Private Hydrant Policies and Rates
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.6
Page 3 of 3
Other jurisdictions allow for certified private contractors to do annual maintenance but the annual
maintenance reports must be submitted to the utility and tracked. Some jurisdictions require that
annual maintenance reports be submitted for review by the local Fire Chief or Plumbing/Building
Inspection Department. In Kamloops, maintenance reports won't be accepted unless the work was
pre-approved (permitted) by City staff as part of annual March 15 - May 15 maintenance period.
Other deterrents include significant fines ($1 0,000 in Abbotsford) and potential confiscation of any
equipment found attached to a hydrant.
Upon researching this topic, staff has received reports from City of Vernon and District of Goldstream
operators who have observed private hydrants being used by persons other than the fire department.
They note it is common for the private hydrant owner's to contract parking lot, road and sidewalk
cleaning and these contractors connect to the private hydrant. Not only is this unmetered water use
but also puts the drinking water supply at risk from cross connection contamination. Contractors that
want to connect to a GVW hydrant must apply for a permit and rent a backflow/metering box, which
allows GVW to recoup water use revenue and protects the supply from backflow issues.
For the protection of the water system and for fire protection, it is proposed that staff develop policies
and procedures on use and maintenance of private hydrants. The policy would include (but not be
limited to) developing methodology to track annual maintenance of private hydrants, outline
acceptable uses and conditions (ie. require backflow prevention), educate private hydrant owners and
develop enforcement measures for non compliance. Based on the direction of the policy, rates for
unmetered use can be reexamined in 2015 based on the conditions of the policy.
PERSONNEL IMPLICATIONS:
Staff time will be required to develop a policy with procedures on the use and maintenance of private
hydrants. In addition, staff time would be required to track annual maintenance, liason with the private
hydrant owners and provide education on the GVW policy and carry out enforcement when required.
Page 90 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 5720.16.04.09
TO:
Greater Vernon Advisory Committee
FROM:
Engineering
DATE:
September 12, 2014
SUBJECT:
Reservoir contribution fee - North end of Swan Lake
RECOMMENDATION:
That it be recommended to the Board of Directors that all reservoir contribution fees paid by
development in the North Swan Lake area for a reservoir in the North Swan Lake corridor remain in
the deferred revenue to meet the required reservoir capacity for maximum day demand plus fire flow.
DISCUSSION:
As a condition for subd ivision approval in Spallumcheen in 2007, it was determined by the applicant's
consulting engineer that 925 Investments Inc. was required to contribute $85,000 to construct a
supply storage reservoir to meet maximum day demand plus fire flow. Mr. Nicolson of 925
Investments has recently requested that the contribution be refunded since Greater Vernon Water
(GVW) has not yet built the reservoir. Staff has indicated to Mr. Nicolson that there is still a storage
deficiency for fire protection in the North and East area of Swan Lake, and that there are still plans to
build a reservoir in this area, which means the funds are still required,
The areas around West, East and North of Swan Lake have historically been deficient for fire
protection, and this has yet to be fully corrected. Previous to the West Swan Lake separation project,
there was a plan to build a reservoir in the West Swan Lake area to fulfill requirements for fire
protection and hence, reservoir contribution fees were collected from benefitting developments in that
area. Properties that have paid reservoir contribution fees are the O'Keefe Ranch, 925 Investments
Inc., Harbercraft Boats, and Lawrence Quechuck, for a total of $125,144.64.
The West Swan Lake separation project design included keeping the full size, high flow rate fire
hydrants on separated irrigation main, and providing storage to these via Goose Lake. The separated
irrigation main terminates at the junction of Highway 97 and Old Kamloops Road, and this
configuration only provides fire protection to the West Swan Lake area. It was determined through a
cost benefit analysis that the separated irrigation/domestic system would not be extended into
Spallumcheen area at this time and fire flow would be supplied through the potable water system.
The North and East end of Swan Lake is hydraulically connected via a water main on Highway 97 and
includes all areas within Spallumcheen currently serviced by GVW, and the Industrial area at the
Northeast of Swan Lake and North BX. Analysis of this area indicates a fire protection deficiency still
exists, supported by the following:
• WaterCad Modelling results indicate that there is still a fire protection deficiency in this area for
water storage and a reservoir is still required to support fire flows.
Page 91 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
File No.: 5720.16.04.09
Re: Reservoir contribution fee for reservoir for pressure zones located at the North end of Swan Lake
Dated: September 12, 2014
Page 2 of3
•
•
•
The standards require that fire flows can only be routed through one (1) Pressure Reducing
Station (PRV), and balancing storage must be provided at the local elevation. Fire flows to the
North and East Swan Lake area are currently provided by flowing through three (3) PRV's on
both the West side (via PRV1, PRV2 and Ricketts PRV) and the East (via PRV1, PRV2 and
PRV39).
No balancing storage is provided in the pressure zones regulated by these stations, and there
is no back up power generation to pump stations in these areas, making the entire area
vulnerable during power outages.
A fire flow test was completed on March 19, 2014. The test was conducted on a fire hydrant in
the Swan Lake industrial area and caused the Stepping Stones and North BX pump stations to
shut down, and also caused a significant hydraulic transient pressure wave throughout the
entire Duteau Creek supply network. The results of this test indicate that there is a significant
fire flow deficiency in this area. The entire network is at risk of water main breaks and
pressure reductions caused by pressure bounces from hydrant operation and even from
routine watermain flushing. These pressure bounces are a result of the cascading effect of
routing water through three (3) PRV's, and would be eliminated or at minimum drastically
reduced with a reservoir in the area.
Given these issues, GVW staff completed fire flow testing in this area and the flows available
exceeded the minimum 60 litres/second required in accordance with the subdivision bylaw. Therefore,
the development realizes the benefit of the fire flow provided; however, the RDNO carries the risks to
provide this flow 24/7. The construction of a reservoir that has sufficient volume for fire fighting
purposes in this area provides the RDNO satisfaction that these risks are mitigated, thus the
requirement for development to pay in advance for water storage based on the demand from their
respective developments.
Staff is evaluating options to rectify the water storage deficiency for fire protection in the West Swan
Lake area in the current Development Cost Charge Bylaw review and one option that is currently
being explored is oversizing of a reservoir that would be required ifthe Spallumcheen industrial park
is approved to connect to GVW. In this case, the developer would be required to construct a reservoir
to provide sufficient fire flow capacity for their development; however they are not required to fund any
works in which they do not directly benefit. Any additional works requested by GVW that do not
benefit the developer must be funded by GVW. Oversizing of the reservoir will benefit all areas in the
North and East of Swan Lake and hence, the reservoir contribution funds will be used to partially fund
this oversizing. It is anticipated that additional funding will be required by GVW to provide fire
protection for existing customers. Providing funds to oversize a reservoir being built by a developer is
more cost effective than constructing a separate independent reservoir, which may be required if the
connection to the Spallumcheen industrial park is not approved.
In the past 10 years, GVW has experienced a large amount of change in the entire system due to
regulatory changes. The main focus for GVW has been with carrying out large capital works projects
for the protection of health and to become compliant with British Columbia drinking water legislation.
As GVW resources are finite, the RDNO Board of Directors must budget works based on priorities
and available resources. Although this project is important to GVW, it has not taken precedence over
health improvements and has not been included in the capital works budget to date. No timeline for
constructing the reservoir was provided to the developers.
Page 92 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
File No.: 5720.16.04.09
Re: Reservoir contribution fee for reservoir for pressure zones located at the North end of Swan Lake
Dated: September 12, 2014
Page 3 of 3
BACKGROUND:
The former Vernon Irrigation District primary customer base was agriculture; fire protection was not
inherently incorporated into the development of the system. Since the 1970's, with increased
domestic development in the areas to the East and West of Swan Lake, it has been acknowledged
that there is a fire protection deficiency in these areas. GVW has been working toward rectifying this
deficiency in storage available. To resolve this issue, the RDNO has required all property owners as
a condition of subdivision or development provide a contribution toward the construction of a reservoir
in this service area to service their development.
A letter from Greater Vernon Water (previous called Greater Vernon Services) dated June 2, 2006
(attached) was provided that outlined condition of servicing of an application by 925 Investments Inc.
for a subdivision in the Stepping Stones area of Spallumcheen. Point 7 within the letter indicates that
there were concerns that the proposed water system would not meet fire protection and that it is the
developers responsibility to cover the costs of providing adequate fire protection for the subdivision.
Point 8 outlines how the developer is to estimate the cost and the submission of payment.
A letter was submitted by the 925 Investments Inc. consulting engineer, Stantec Consulting Ltd., on
January 9, 2007 (attached) providing the estimate of $85,000 for the required fire protection capacity
for this development when a reservoir was constructed. This estimate was formally accepted by GVW
on March 14, 2007 (attached).
Although GVW has the ability to require anyone developing in this area to build the required reservoir
and pursue a latecomers agreement for any additional capacity requirements, there has been a move
to request a reservoir contribution as the construction of the full reservoir would be prohibitive for any
one development and would likely stop all smaller developments in this area.
Reviewed and endorsed by:
~~
Attach 1. June 2, 2006 letter from GVS regarding water servicing requirements for the Stepping Stones
subdivision. (link: 060602 925 Investments Inc (2).pdf)
2. January 9, 2007 letter from Stantec regarding cost estimate of oversizing. (link: 070109 Reservoir
3.
Fire Storage Volume.pdf)
March 14, 2007 letter from GVS regarding the acceptance of the cost estimate from Stantec. (link:
070314 925 Investments lnc.pdf)
Page 93 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
Your File:
Our File: 011 -501-359-GVW
June 2, 2006
Regional District of North Okanagan
9848 Aberdeen Road
Goldstream, BC, V1 B 2K9
Attention:
Rob Smailes
Development Services Manager
Dear Mr Smailes,
Re:
Water service to the proposed subdivision of Lot 3, Plan 1677 at 9315 Highway 97,
and Lot 3, Plan 31929 at 330 Northwind Drive, in the Township of Spallumcheen
Regarding your request for our conditions to provide water service to the proposed subdivision of
the above properties we provide the following information.
1.
Water supply to the Stepping Stones Water Service Area in the Township of
Spallumcheen is subject to Regional District of North Okanagan, Greater Vernon
Services (GVS), Water bylaws, rules, regulations, and fees, as outlined in the Stepping
Stones Water Supply Agreement (the Agreement) between the Regional District of North
Okanagan and the Township of Spallumcheen, effective January 1, 2006. Copies of all
GVS, Water bylaws quoted below are available on the GVS web site at
www.greatervernon .ca or upon request.
2.
The municipal water system in the Stepping Stones area is owned by the Township of
Spallumcheen. Applications for new development, for subdivision, or for other properties
proposing to connect to this water system must proceed in compliance with GVS Land
Development Regulations Bylaw 2076.
3.
As per bylaw 2076, an Application Fee of $600.00 is required for 12 new properties.
4.
All new water distribution works located in the Stepping Stones Water Service Area are to
be constructed in conformance with the requirements of GVS Water Bylaw 2063,
including all works on public road right-of-way, statutory right-of-way, or common areas of
strata type developments.
5.
Both the GVS Water System and the Township of Spallumcheen Water System which
provide domestic water to properties located on the west side of Swan Lake, and north
into the Spallumcheen, are currently being redesigned under the Master Water Plan. The
purpose of the redesign is to remove the Goose Lake Reservoir from the domestic water
supply, and provide Kalamalka Lake water for domestic uses. Plans include a pump
station, a covered reservoir, and a water main to be installed along Old Kamloops Road
from Vernon to the Stepping Stones area.
GREATER VERNON SERVICES
3rd Floor, 3 105 33rd St. Vernon, BC V1T 9P7
Phone: 250.550.3 70 2 Fax: 250.550.3 703 www.greatervernon.ca
Page 94 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
6.
The Plan further designates the existing water mains on Old Kamloops Road and on
Highway 97 for non-potable agricultural purposes and for fire protection. Existing water
mains in the Stepping Stones Subdivision, however, will be connected to the proposed
domestic water system at Highway 97, as there is no need for a dual water system inside
the subdivision.
7.
GVS Water is concerned about the ability of the proposed water system of the Master
Water Plan to provide adequate fire protection to the proposed development. Please
note that existing water service in the Stepping Stones Subdivision does not include 150
mm (6"} diameter fire hydrants, and so the planned domestic water system does not
specifically include improvements for 150 mm diameter fire hydrants. The developer is
required to pay the costs to upgrade the proposed water system of the Master
Water Plan to provide the fire protection required for the subdivision.
8.
The Project Engineer shall submit a cost estimate for proposed water works construction.
If the submitted cost estimate is lower than expected GVS is not bound to accept the
estimate. In this case a revised cost estimate will be issued by GVS and forwarded to the
Project Engineer. As outlined in NORD Bylaw 2076, a payment to GVS of 5% of the
estimated value of the proposed water works is required for plan review and
occasional field inspections. In addition, a Performance Security of 115%, which can be
drawn down as work proceeds; and a Guarantee Amount of 10%, to be held for one year
from the Date of Substantial Completion, are required in the form of either certified
cheques or irrevocable letters of credit.
9.
Lot 3, Plan 1677 is currently allocated 8.09 hectares (20 acres) of water, and Lot 3, Plan
31929 is allocated 0.81 hectare (2 acres) of water. This translates to an existing total
maximum flow demand of 6.94 litres per second (11 0 US gallons per minute). Please
note that because the Agreement requires that the total peak flow from GVS to the
Township of Spallumcheen is to remain unchanged, and assuming that the proposed
peak flow rate to each domestic parcel is 0.3 litres per second (5 US gallons per minute),
the developer is required to cancel an allocation of 0.40 hectare (1 acre+/-) of water, per
proposed domestic property, from the existing agricultural water allocated to the parent
properties. Please also note that the water is to be cancelled in lieu of the Agreement's
Development Capital Fees defined in Schedule C. There are 13 properties in the
proposed subdivision that will be considered domestic, and these will not have nor
require an allocation of agricultural water.
10.
Following cancellation of 5.20 hectares (12.8 acres+/-) of water, the proposed remainder
of Lot 3, Plan 1677 will be left with 3.70 hectares (9.2 acres +/-)of water. This translates
to a maximum flow rate of 3.19 litres per second (45.7 US gallons per minute) for
agricultural purposes.
11.
All new buildings constructed within the Stepping Stones area of the Township of
Spallumcheen shall have water meters and water conservation devices installed as a
condition of the building permit.
Page 95 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
12.
Water meters up to 25 mm (1") diameter shall be Schlumberger Neptune, model T-10
ProRead; and those of larger diameter shall be Schlumberger Neptune, model Tru/Fio
Compound ProRead; and shall measure cubic metres. Water meters for properties in the
Township of Spallumcheen are to be purchased at the office of the Township of
Spallumcheen.
13.
Installation and maintenance of piping from the service connection to locations within the
property are the Property Owner's responsibility.
14.
Water pressure at the service connection will vary depending on the demands to the GVS
Water system. On-site plumbing shall include a pressure reducing valve to protect
plumbing fixtures.
15.
Approved backflow prevention devices are required on all water service connections
where a contamination risk exists. The installation and proper maintenance of backflow
prevention devices are the responsibility of the property owner.
16.
Greater Vernon Services has permanently adopted the "odd or even day'' sprinkling
regulations for the irrigation of all lawn and garden areas. Homes with odd numbered
street addresses may irrigate on odd numbered calendar days, and those with even
numbered street addresses may irrigate on even numbered calendar days. Lawn and
garden sprinkling must be metered. Further restrictions may apply in years of drought.
17.
Where a subdivision is proposed, the installation of water works by a Municipal
Waterworks Crew will proceed after registration of the subdivision, unless a development
agreement is entered.
18.
Upon completion , all water works installed in public road or statutory right-of-way will
become the property of the Township of Spallumcheen. The operation and maintenance
of these works are the sole responsibility of the Township of Spallumcheen.
Page 96 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
Project Fees
Required fees and securities are summarized in the table below. All are payable at the office of
the Township of Spallumcheen.
Fee Description
Rate
Application Fee
$50 per property for 12 new
properties
5% of the estimated cost of
construction of the water works
115% of the estimate
Drawing Review
and Inspection Fee
Performance
Security
Guarantee Amount
10% of the estimate
Payable
Prior to ...
Drawing
Approval
Drawing
Approval
Subdivision
Approval
Subdivision
Approval
Total
$600.00
To Be Determined
To Be Determined
To Be Determined
If you have any questions regarding the above please feel free to contact our office.
J mes de Pfyffer
E gineering Technolo
/jdep
cc:
925 Investments Inc.
Peter Nicolson, Royal Lepage
John Pardell , Township of Spallumcheen
Page 97 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
--..
Stantec Consulting Ltd.
400- 620 Dickson Avenue
Kelowna BC V1Y 9Y2
Tel: (250} 860·3225 Fax: (250) 860-3367
·,_
stantec.com
Stantec
·,
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January 9, 2007
File: 112720051
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Greater Vernon Services
3rd Floor, 3105 33 Street
Vernon, BC V1T 5T6
Attention:
AI Cotsworth, P.Eng.
Dear Sir:
Reference:
Proposed Subdivision of Lot 3, Plan 31929 and Lot 4 Plan 31929 and Part of
Lot 3, D.L. 104 O.D.Y.D., Plan 1677 Except Plan 342923 - 9315 Highway 97
We present the following estimate in regard to the construction of.the fire storage volume for a
proposed reservoir being contemplated to provide domestic water service to areas surrounding
the subject development site. This estimate is intended to establish a Letter of Credit amount to
be provided by the developers in conjunction with the proposed subdivision of the above noted
property.
Greater Vernon Services intends to construct a reservoir to provide domestic water supply to
existing properties in the service area. Appropriate storage for fire protection has not been
planned for the proposed reservoir. The developers of the subject property will provide funds in
the form of a Letter of Credit to allow for the reservoir size to be increased in order to provide an
appropriate level of fire protection. The fire storage required for a single family home is 432
cu.m. and is equivalent to a 60 1/s flow being provided for two hours.
Further to our discussions, the Letter of Credit is only to provide for construction of the fire
storage component within the proposed reservoir. It is assumed that the associated
infrastructure, piping, valves, access roads etc. will be included in the cost of constructing the
Equalization and Emergency Storage components of the reservoir. We note that the design and
planning for the proposed reservoir is, at this time, in the preliminary stages. We have
discussed current reservoir construction costs with Cummings Construction Ltd. They had
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Page 98 of 116
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BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
stantec
January 9, 2007
Page 2 of2
Reference: Subdivision of Lot 3 and -Lot 4, Plan 31929 - Hayter Construction
coincidentally completed a reservoir last year where they were asked to expand a proposed
reservoir by 500 cu.m. Cummings Construction had quoted the costs for the reservoir
expansion as $75,000.00. With an inclusion of an allowance for excavation, increased
construction costs since last year and other miscellaneous incidental costs, the total costs are
estimated at $85,000.00.
We have also determined the volume of concrete that would be required to construct the base
slab, three walls and roof slab that would comprise an extension of the proposed reservoir.
Assuming a 350mm wall thickness, 500mm slab thickness and 300mm roof thickness, the
volume of concrete was calculated to be 136.0 cu.m. The cost per cubic meter of concrete is
equivalent to $625.00 I cu.m. Remembering that other all other piping, access, mobilization and
incidental costs will be applicable to the domestic storage component of the reservoir, the unit
rate for concrete placement is adequate.
We trust that the above is satisfactory. Please call if you have any comments or questions.
Sincerely,
STANTEC CONSULTING LTD.
7f. 7/~tMurray Noble, P.Eng.
Project Manager
Tel: (250) 860-3225
Fax: (250) 860-3367
[email protected]
c. Jason Gedig, Hayter Constrction
w :\01127\actlve\112720051\deslgn\conespondence\gvs rese!Wir estimate.doc
Page 99 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
Your File:
Our File: 011-501 -359-GVW
March 14, 2007
925 Investments Inc.
9315 Highway 97
Vernon, BC V1 H 1W9
Dear Sir,
Re:
Water service to the proposed subdivision of Lot 3, Plan 1677, and Lots 3 and 4,
Plan 31929, at 330 Northwind Drive, in the Township of Spallumcheen (925
Investments Inc.)
Greater Vernon Services Water has received an estimate of $85,000.00, being the cost for the
nominal oversizing of the reservoir for the proposed water system on the west side of Swan Lake;
which includes Old Kamloops Road, Highway 97, and the Stepping Stones subdivision; and we
accept the estimate as submitted .
If you have any concerns regarding the above please feel free to contact our office.
/jdep
cc:
John Pardell, Township of Spallumcheen
Rob Smailes, North Okanagan Regional District
Christine LeFioch, North Okanagan Regional District
William E. Maddox, B.C.L.S.
GREATER VERNON SERVI CES
3rd f loor, 3105 33rd St. Vernon, BC VlT 9P7
Phone: 250.545.472 4 Fax: 250.550.3703 www.greatervernon .ca
Page 100 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
July 27, 2014
To: Greater Vernon Advisory Committee
Attn: Ms Camilla Hawkins
Dear Camilla,
Please include the following supporting documentation in the agenda for August 7, 2014:
1.
2.
3.
4.
5.
6.
7.
8.
My name is Peter Nicolson and I represent 772431 BC ltd. (SVE) the developer of Spall Vista
Estates (your file 011-501-359-GVW) a 141ot subdivision in the Stepping Stones area of
Spallumcheen on Golfview Place.
As part of the approval process SVE had to meet the requirements of then GVS as stated in their
letter dated June 2, 2006. The letter stated that GVS future plans for the Stepping Stones area
were to include among other items a covered reservoir. SVE was told it would have to pay for
upsizing of the reservoir to handle its projected usage and to secure those funds with an $85000
deposit. In discussions with staff at that time SVE specifically asked GVS what would happen if
the reservoir was not constructed and were told that the deposit would be returned in that
event.
The letter also stated SVE would have to pay for upgrades to their development not currently
available in the rest of Stepping Stones.
SVE complied with #2 above and has a receipt dated March 14, 2014 (over 7 years ago) to that
effect.
SVE complied with #3 above and constructed upgrades not available in the rest of Stepping
Stones such as hydrants, a larger water line and a PRV unit which were very expensive but
allowed for better fire protection and expansion to lands beyond.
In the last 7 years SVE kept in touch with staff on an informal basis. We were told that the
original plans were being discarded but until such times as new plans were available the deposit
could not be dealt with.
Within the last year SVE was told that a new system had been built with sufficient fire flow so
that a reservoir was not required. When SVE asked about the deposit it was told that until the
new system was tested and proved sufficient for fire flow as designed the deposit could not be
dealt with. My understanding is that the system was tested twice by your consultants and
company staff and proved to be sufficient.
On this basis I contacted previous staff and was referred to Ms Zee Marcolin who surprisingly
told me that SVE would not be receiving the deposit back because it would be applied to
another reservoir possibly to be built a long distance away in lands beyond in the South East
Sector. This position was confirmed by Mr. Dale McTaggert. In other words they wanted our
money for infrastructure kilometers beyond that at present have no plans in progress.
Our position is this:
Our deposit was not a development cost charge but a fund specifically intended for upsizing a
reservoir as agreed with staff if needed based on a previous plan now discarded.
2. O'Keefe Ranch, Mr. AI Jones and possibly the Spallumcheen Golf Course who own land beyond
SVE have or are able to hook up to GVW water originating from our property. They have
benefited from our development and HAVE NOT had to pay for future reservoir costs.
3. The likelihood of future development in Stepping Stones is remote as available land does not
conform to the OCP and is almost entirely in the ALR or OKIB Reserve.
1.
Page 101 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.7
4.
5.
6.
SVE has done what is the norm in the development process. Land to be developed in lands
beyond should be funded, as always is the case by those developers, users or municipalities who
have an interest in those properties.
SVE has been very cooperative over the last 7 years but now we feel it is time for GVW to live up
to their end as was discussed nnd is the norm and refund the deposit with the appropriate
interest.
SVE is beginning to incur costs in association with this application and would like to conclude the
process ASAP.
Thank you for your attention to this matter and SVE is available at your convenience to discuss the issue
further.
Peter Nicolson
Per: 772431 BC Ltd.
250-869-5508
Page 102 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.8
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 5700.01.08
TO:
Greater Vernon Advisory Committee
FROM:
Engineering
DATE:
September 12, 2014
SUBJECT:
Greater Vernon Water Billing- 7333 Sunridge Road, Vernon, BC
RECOMMENDATION:
That it be recommended to the Board of Directors that the request from Mr. Weller for a refund for
unmetered water charges incurred from the second (2nd) quarter of 2011 to the fourth (41h) quarter of
2012 at 7333 Sunridge Road, be denied.
DISCUSSION:
In November 2010, a City of Vernon Billing of Utilities receipt was signed for 7333 Sunridge Road,
Vernon, BC (attached). The Billing of Utilities receipt provides notification that charges for water
including other utilities will commence two (2) months following the plumbing approval date. The
plumbing for this property was approved on March 08, 2011. As procedure at that time, billing
according to the Greater Vernon Water Utility Rates Imposition Bylaw based on the "unmetered fee
where metering IS possible" commenced because notification of the meter installation and inspection
was not received by the City of Vernon finance department.
The property was charged the following unmetered consumption charges while it was unmetered:
2na Quarter 2011
3ra Quarter 2011
4m Quarter 2011
1st Quarter 2012
2na Quarter 2012
3ra Quarter 2012
4'" Quarter 2012
$199.53
$201.43
$201.43
$201.43
$210.00
$210.00
$159.78
Prorated from plumbing approval date
Unmetered fee where metering is possible
Unmetered fee where metering is possible
Unmetered fee where metering is possible
Unmetered fee where metering is possible
Unmetered fee where metering is possible
Prorated from meter inspection date
Upon analysis of the billing history, the property owner was never charged the escalating tiered rate in
accordance with the Bylaw in effect, which is provided as follows:
I
N0. 2490 2011"
From "G reat er V ern on W ater UtTt
lltY Rat es mpos1l 1on Bsy1aw
'
4.d. Unmetered fee where metering IS possible, added to Base
Fee:
$ 201.43 per quarter or part
i. initial and first quarter after written warning
$ 425.10 per quarter or part
ii. second and subsequent quarters after written warning
Page 103 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.8
File No. : 5700.01 .08
Re: Greater Vernon Water Billing- 7333 Sunridge Road, Vernon, BC
Dated: September 12, 2014
Page 2 of 4
w
I
N0. 2527 2012"
T Rates mposrTron Bsy1aw
From" Greater Vernon ater Utrrty
'
4.d. Unmetered fee where metering IS possible, added to Base Fee:
$210.00 per quarter or part
i. initial and first full quarter after written warning
$425.00 per quarter or part
ii. second and third quarters after written warning
iii
fourth and subsequent quarters after written warning
$800.00 per quarter or part
Mr. Weller stated that he had documentation from Mr. Cotsworth, the previous Greater Vernon Water
(GVW) manager, indicating that Mr. Cotsworth approved that he did not have to pay any unmetered
consumption fee and is requesting a refund for unmetered water charges incurred from the second
(2nd) quarter of 2011 to the fourth (41h) quarter of 2012.
A review of the RDNO and City of Vernon files did not produce any written documentation from Mr.
Cotsworth or any other GVW employee that indicated that the 7333 Sunridge Road property did not
have to pay the unmetered fee where metering is possible. The typical procedure for dealing with
extension requests based on previous files was that Mr. Cotsworth would inspect the property himself
or request an operator to inspect the property to ensure that no meter could be installed at that point.
If Mr. Cotsworth provided the extension, he would email the City of Vernon who would then save the
approval to the file. There is no evidence that an RDNO or City of Vernon employee inspected the
property or documentation to indicate this occurred, nor any indication that Mr. Cotsworth approved
any adjustment to the billing at 7333 Sunridge Road.
In addition, extensions are typically only provided for a few months at a time while a building is under
construction and there is no ability to use water at the site. After which, another inspection would be
required. It is unlikely that the unmetered fee would be waived for up to two (2) years.
The Metering bylaw indicates that all domestic customers install a meter and for those that don't,
unmetered rates are applied. These rates have been applied consistently and fairly to all customers.
In this case, the property was undercharged as the escalating unmetered rate was not applied. The
City of Vernon is reviewing its internal procedures to ensure that the bylaw rates are applied correctly
and consistently to all customers.
In addition, the water utility rates are established by bylaw and staff does not have the authority to
adjust/reduce or alter any rate specified with the rates bylaw. The current water utility rates bylaw only
provides staff with the authority to make adjustments in a water bill for bona fide leak adjustment in
accordance with Section E.5
Staff recommend that no refund be considered based on the facts that: there is no documentation to
support the claim that Mr. Cotsworth approved any adjustments to the water billing at 7333 Sunridge
Road, the applicant did not have the water meter installed and all water billing was applied in
accordance with the applicable Greater Vernon Water Utility Rates Imposition Bylaws in effect at time
of billing. The City of Vernon was informed of the meter installation on December 10, 2012, at which
time the billing was converted to the Bylaw metered rates. It is also noted that the property owner
benefitted from not having to pay the escalating unmetered rate.
BACKGROUND:
The Greater Vernon Services Water Utility Metering Bylaw No. 2155, 2006 was enacted to provide
guidance on the implementation of a universal metering program for GVW. Under the Greater Vernon
Water Utility Rates Imposition Bylaws, all customers are required to pay for water consumption based
on the metered consumption rate. Metered properties are required to pay the "per cubic meter rate"
Page 104 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.8
File No.: 5700.01 .08
Re: Greater Vernon Water Billing - 7333 Sunridge Road, Vernon, BC
Dated: September 12, 2014
Page 3 of 4
and unmetered customers are required to pay an unmetered rate. The Greater Vernon Water Utility
Rates Imposition Bylaw has always had two unmetered rates since GVW was formed in 2003, which
are reflected by the following :
1. unmetered domestic flat rate where metering is NOT possible and
2. unmetered domestic flat rate where metering IS possible
Previous practice has been to allow new construction two (2) months after the plumbing permit has
been approved to install and inspect a meter. After the plumbing permit has been approved,
properties have access to GVW water but GVW has no ability to monitor water use, the two (2)
months is provided as a grace period. If no meter inspection record is received two (2) months past
the plumbing approval date, billing of utilities (water and sewer) is initiated as the utilities can be used.
If the property owner requests an extension, the finance department would contact the GVW manager
for approval. Approval for an extension requires inspection by GVW staff or contract operator and if
approved, the GVW manager provided written instructions to the finance department (via an email)
which is saved to the customer's file . This practice has now been written in GVW Protocols and is
now standard policy.
LEGAL/STATUTORY AUTHORITY
The Greater Vernon Services Water Utility Metering Bylaw No. 2155, 2006 enables GVW to regulate
the metering of water usage within the GVW service area. Bylaw No. 2155, Section 3.1. specifies the
following :
"3.1. All existing and new residential and commercial water users connected to or wishing to
connect to the GVWU waterworks system are required to install, at the cost of the customer, a
water meter for the measuring of the quantity of water used by or supplied to any lands and
premises, or part thereof, and GVWU may refuse or discontinue supply other than by a metered
service."
The Greater Vernon Water Utility Rates Imposition Bylaw No. 2490, 2011, Schedule A - Rates
provides the following rates for properties where metering is possible:
4 .d.
Unmetered fee where metering IS possible, added to Base
Fee:
i.
initial and first quarter after written warning
ii. second and subsequent quarters after written warning
$ 201 .43 per quarter or part
$ 425.10 per quarter or part
The Greater Vernon Water Utility Rates Imposition Bylaw No. 2527, 2012, Schedule A - Rates
provides the following rates for properties where metering is possible:
4.d.
Unmetered fee where metering IS possible, added to Base Fee:
i.
initial and first full quarter after written warning
$210.00 per quarter or part
ii.
second and third quarters after written warning
$425.00 per quarter or part
iii
fourth and subsequent quarters after written warning
$800.00 per quarter or part
Page 105 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.8
File No.: 5700.01 .08
Re: Greater Vernon Water Billing- 7333 Sunridge Road, Vernon , BC
Dated: September 12, 2014
Page 4 of4
ed by:
Dale MeT
, P.Eng.
General Manager Engineering
David SeweJ
Chief Administrative Officer
Page 106 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.9
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 6900.01
TO:
Board of Directors
FROM:
Corporate Services
DATE:
October 6, 2014
SUBJECT:
Gateway Signage – Greater Vernon
RECOMMENDATION:
That the Report ‘Gateway Signage – Greater Vernon’ be received for information and direction.
SUMMARY:
The Regional District of North Okanagan has received a number of inquiries as to the deteriorating
condition of the Gateway Signage. At the present time, no jurisdiction has been identified as being
responsible for these signs with regards to maintenance.
DISCUSSION:
Three signs ‘Welcome to Greater Vernon’ are located at the highway entrances to the Greater Vernon
area (Highway 97 – South, Highway 97 – North and Highway 6). There are reports that the physical
condition of those signs are deteriorating and require maintenance.
These signs were constructed through GVS Economic Development utilizing funding obtained by the
City of Vernon and the District of Coldstream through the UBCM Community Tourism Program. As
indicated in attachments to the April 19, 2007 GVS report entitled ‘2006 UBCM Phase 1 Community
Tourism Grant Program’, it was stated:
“Greater Vernon Services Economic Development (GVSED) is please to present this proposal
on behalf of the City of Vernon and the District of Coldstream. Electoral Areas B & C have
chosen not to participate with this application at this time.”
The Greater Vernon Economic Development function of the RDNO was repealed on February 18th,
2009 with the adoption of Tourism / Economic Development Service Repeal Bylaw No. 2351, 2008.
Some of the Tourism / Economic Development activities including the BC Hydro accounts supporting
these signs have been undertaken by the City of Vernon.
To the best of staff’s ability to determine, these signs are located within the Highway right of way
rather than on land owned by any of the jurisdictions within Greater Vernon.
Page 107 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item E.9
Report to:
From:
Re:
Board of Directors
Corporate Services
Gateway Signage - Greater Vernon
File No.: 6900.01
October 6, 2014
Page 2 of2
LEGAL/STATUTORY AUTHORITY:
The RDNO does not have a function for the operation and maintenance of these signs. The creation
of such a service could be initiated but it would be unlikely to receive the necessary approvals in time
for the 2015 Financial Plan.
The process for approval of such a service would be dependent on the participants. If any of the
Electoral Areas are to be included, it would entail obtaining elector assent through either an
Alternative Approval Process (AAP) or a referendum .
FINANCIAL/BUDGETARY CONSIDERATIONS:
The Operating Reserves associated with the Greater Vernon Tourism I Economic Development
function were returned through a reverse requisition to the participating jurisdiction in 2009.
Page 108 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item G.1a
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a REGULAR meeting of the GREATER VERNON ADVISORY COMMITTEE of
the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional
District Office on Thursday, October 2, 2014
Members:
Director J. Cunningham
Councillor G. Kiss
Director D. Dirk
Director R. Sawatzky
Alternate Director B. Spiers
Director B. Fleming
Director M. Macnabb
City of Vernon
District of Coldstream
District of Coldstream
City of Vernon
City of Vernon
Electoral Area "B"
Electoral Area “C”
Staff:
D. Sewell
D. McTaggart
Z. Marcolin
P. Juniper
K. Pinkoski
H. Roseberry
Chief Administrative Officer
General Manager, Engineering
Manager, Greater Vernon Water
Deputy Corporate Officer
Parks Planner
Clerk, Parks, Recreation and Culture
Also Present: Councillor M. Besso
Councillor P. McClean
Director M. O’Keefe
W. Pearce
R. Dickinson
(Chair)
(Vice Chair)
District of Coldstream
District of Coldstream
City of Vernon
Chief Administrative Officer, City of
Vernon
Director, Engineering and GIS, City of
Vernon
CALL MEETING TO ORDER
The meeting was called to order at 8:03 a.m.
APPROVAL OF AGENDA
Greater Vernon Advisory Committee – October 2, 2014
Moved and seconded by Directors Macnabb and Sawatzky
That the Agenda of the October 2, 2014 Greater Vernon Advisory Committee meeting be
approved as presented.
CARRIED
Page 109 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item G.1a
Greater Vernon Advisory Committee
Minutes – Regular
-2-
October 2, 2014
ADOPTION OF MINUTES
Greater Vernon Advisory Committee
Moved and seconded by Directors Macnabb and Fleming
That the following minutes of the Greater Vernon Advisory Committee meetings be adopted as
circulated:
- September 4, 2014 – Regular
- September 11, 2014 – Special
CARRIED
NEW BUSINESS
Review of Private Hydrant Policies and Rates
Moved and seconded by Directors Sawatzky and Macnabb
That it be recommended to the Board of Directors, staff be directed to develop a policy and
procedure to monitor annual maintenance of private hydrants; and further
That the information provided in the staff report dated September 18, 2014 titled Review of
Private Hydrant Policies and Rates be used in the 2015 Greater Vernon Water rate setting
discussion to review the current unmetered fire main rates and adjust the rates appropriately.
CARRIED
Greater Vernon Water Utility Capital Works – Indirect Cost Determination
Moved and seconded by Directors Macnabb and Fleming
That it be recommended to the Board of Directors, the current Water Distribution, Operations,
Maintenance & Repair Agreement with the City of Vernon, dated February 1, 2013 be
maintained as is; and further,
That any contracts to provide administrative services with member jurisdictions for Greater
Vernon Water capital works be negotiated on a project by project basis consistent with work
requirements.
Moved and seconded by Directors Sawatzky and Dirk
That the matter of the Greater Vernon Water Utility Capital Works – Indirect Cost Determination
be deferred.
CARRIED
Future Discussions on Rate Setting for Greater Vernon Water
The staff report dated September 12, 2014 regarding information requested by the Greater
Vernon Advisory Committee to Facilitate Future Discussions on Rate Setting for Greater Vernon
Water was discussed.
Page 110 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item G.1a
Greater Vernon Advisory Committee
Minutes – Regular
-3-
October 2, 2014
BUSINESS ARISING FROM DELEGATIONS
Reservoir Contribution Fee – North End of Swan Lake
Moved and seconded by Directors Macnabb and Fleming
That it be recommended to the Board of Directors, all reservoir contribution fees paid by
development in the North Swan Lake area for a reservoir in the North Swan Lake corridor
remain in the deferred revenue to meet the required reservoir capacity for a maximum day
demand plus fire flow.
CARRIED
Greater Vernon Water Billing – 7333 Sunridge Road, Vernon, BC
Moved and seconded by Director Macnabb and Councillor Kiss
That it be recommended to the Board of Directors, the request from Mr. Weller for a refund for
unmetered water charges incurred from the second (2nd) quarter of 2011 to the fourth (4th)
quarter of 2012 at 7333 Sunridge Road, be denied.
CARRIED
IN CAMERA
Moved and seconded by Director Sawatzky and Councillor Kiss
That, pursuant to Section 92 of the Community Charter, the regular meeting of the Greater
Vernon Advisory Committee convene In Camera to deal with matters deemed closed to the
public in accordance with Section 90(1)(e) of the Community Charter.
CARRIED
The Regular meeting of the Greater Vernon Advisory Committee adjourned to meet In Camera
at 9:19 a.m.
The Regular meeting of the Greater Vernon Advisory Committee meeting reconvened at 10:31
a.m.
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:31 a.m.
CERTIFIED CORRECT
Chair
Deputy Corporate Officer
Page 111 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item G.1b
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a REGULAR meeting of the ELECTORAL AREA ADVISORY COMMITTEE of the
REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District
Office on Thursday, October 2, 2014.
Members: Director B. Fleming
Director R. Fairbairn
Director M. Macnabb
Director E. Foisy
Director J. Pearase
Electoral Area “B”
Electoral Area “D”
Electoral Area “C”
Electoral Area “E”
Electoral Area “F”
Chair
Vice Chair
Staff:
L. Mellott
R. Smailes
A. Page
J. deGroot
C. Mazzotta
C. Elley
General Manager, Electoral Area Administration
General Manager, Planning and Building
Sustainability Coordinator
Planning Assistant
Information Services Manager
Clerk (taking minutes)
Also
Present:
R. Morgan
J. Lockwood
Media and Public
Regional Crime Prevention Coordinator, City of Vernon
Conservation Officer Service
CALL MEETING TO ORDER
The meeting was called to order at 2:00 p.m.
APPROVAL OF AGENDA
Regular Agenda – October 2, 2014
Moved and seconded by Directors Macnabb and Fairbairn
That the Agenda of the October 2, 2014 Electoral Area Advisory Committee meeting be
approved as amended with the following additions:
– E.5 - Industry Canada (Spectrum Licenses)
– E.6 - Forestry (Forest Service Plans)
CARRIED
ADOPTION OF MINUTES
Electoral Area Advisory Committee – September 4, 2014
Moved and seconded by Directors Foisy and Fairbairn
That the minutes of the September 4, 2014 Electoral Area Advisory Committee Meeting be
adopted as circulated.
CARRIED
Page 112 of 116
BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-2-
October 2, 2014
DELEGATIONS
Vernon / North Okanagan Safe Communities Unit
The Regional Crime Prevention Coordinator provided an update on activities he has undertaken
over the past month.
Moved and seconded by Directors Macnabb and Pearase
That the report dated September 22, 2014 from the Vernon / North Okanagan Detachment –
Safe Communities Unit be received for information.
CARRIED
Conservation Officer Service (LOCKWOOD, Josh)
Sgt. Josh Lockwood, Conservation Officer Service, provided a final report for the 2014
enhanced boat patrols program.
Rezoning Application - Silchenko, E (File No. 14-0240-E-RZ)
No one was present to speak to the application
Development Permit with Variances Application and Floodplain Exemption Request
Rivers End Estates Ltd c/o Walter Flathen (File No. 14-0028-F-DP)
Randy Blair, Rivers End Shareholder, spoke in support of the application.
NEW BUSINESS
Rezoning Application-Silchenko, E (File No. 14-0240-E-RZ)
Moved and seconded by Directors Foisy and Pearase
That it be recommended to the Board of Directors, that Rezoning Bylaw No. 2657, 2014 which
proposes to rezone the property legally described as Lot 2, Sections 26 and 35, Twp 45, ODYD,
Plan 24879 and located at 1377 Highway 6, Electoral Area “E” from the Non-Urban (N.U) zone
to the Country Residential (C.R) zone be given First and Second Readings and referral to a
Public Hearing.
CARRIED
Development Permit with Variances Application and Floodplain Exemption Request
Rivers End Estates Ltd c/o Walter Flathen (File No. 14-0028-F-DP)
Moved and seconded by Directors Pearase and Foisy
That it be recommended to the Board of Directors, that upon consideration of input from
adjacent landowners, a Development Permit with Variances be issued for the property legally
described as Lot 2, Sec 22, Twp 20, R8, W6M, KDYD, Plan 1471 Except Plans 28790 and
H809 and located at 8192 Highway 97A, Electoral Area “F” to vary the following sections of the
Regional District of North Okanagan Zoning Bylaw No. 1888, 2003:
1. Section 505.3 by varying the maximum allowable height of cabins from the lesser of 8
metres (26.25 feet) or two storeys to the lesser of 9.75 metres (32.0 feet);
2. Section 505.10.c by varying the maximum allowable size of accessory buildings (sheds)
from 7.432 m2 to 9.9 m2;
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BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-3-
October 2, 2014
3. Section 505.10.c by varying the maximum allowable size of the existing accessory building
located at site LS42 from 7.432 m2 to 11.15 m2;
4. Section 505.10.c by varying the maximum allowable size of a deck or sunroom attached to a
recreational vehicle from 50% of the Gross Floor Area of the recreational vehicle to 50.0 m2;
5. Section 505.10.c by varying the maximum allowable height of sunroom walls from three feet
above the floor level to full wall height on the west side of the Park Model sunroom addition
located at site LS16 only; and further,
That the Development Permit with Variances contain the following conditions:
1. The dimensions and siting of the cabin sites, campsites, buildings and parking areas on the
land be in general accordance with the site plan attached as Schedule ‘A’ to the Planning
Department Report dated September 15, 2014;
2. The form and character of cabins to be constructed on the land be in general accordance
with the elevations attached as Schedule ‘B’ to the Planning Department Report dated
September 15, 2014. This hereby amends the previous Development Permit No.02-0474-FDP issued on February 12, 2003 by replacing Schedule A.1;
3. The landscaping on the land be in general accordance with the landscape plan attached as
Schedule ‘C’ to the Planning Department Report dated September 15, 2014;
4. Accessory buildings (sheds) must be finished with materials to match the recreation vehicle
located on the same site. This hereby amends the previous Development Permit No.020474-F-DP issued on February 12, 2003;
5. Development of the subject property shall be in accordance with Modification Covenant
CA3940183; and further,
That issuance of the Development Permit with Variances be withheld until the Regional District
of North Okanagan receives notification from the Ministry of Environment that their conditions
have been satisfied; and further,
That an exemption to Section 1701.3.b.i of the Regional District of North Okanagan Zoning
Bylaw No. 1888, 2003 be approved for the property legally described as Lot 2, Sec 22, Twp 20,
R8, W6M, KDYD, Plan 1471 Except Plans 28790 and H809 and located at 8192 Highway 97A,
Electoral Area “F” to permit the Shuswap River floodplain setback to be reduced from 30 m to
26.34 m for above grade cantilevered decks attached to seasonal cabins located on Sites RS1
to RS16 as shown on the site plan attached as Schedule ‘A’ to the Planning Department Report
dated September 15, 2014.
CARRIED
Community Works Fund #096
Moved and seconded by Directors Pearase and Macnabb
That it be recommended to the Board of Directors, that the Mabel Lake Water Utility water
quality testing be funded from the Electoral Area “F” allocation of the Community Works Fund at
a cost of $12,000.
CARRIED
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BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-4-
October 2, 2014
Highway Maintenance
Discussion took place regarding a letter dated September 9, 2014 from JPW Road & Bridge Inc.
which requested input and feedback. The General Manager, Electoral Area Administration was
requested to get clarification on work covered by the highway maintenance contract. Electoral
Area Directors were requested to forward their concerns to the General Manager, Electoral Area
Administration regarding roads in their area. It was suggested that JPW Road & Bridge be
invited as a delegation to an upcoming Electoral Area Advisory Committee meeting.
Industry Canada (Spectrum Licenses)
The Committee reviewed a letter from ABC Communications requesting a letter of support for
Industry Canada to not designate the Kelowna Tier-4 region as ‘urban’. The Information
Services Manager provided an explanation regarding the impact of the proposed change. The
General Manager, Electoral Area Administration was requested to work with the Information
Services Manager to prepare a letter to Industry Canada.
Forestry (Forest Service Plans)
Discussion took place regarding the lack of communication between the forest industry and
communities. It was suggested that Forestry be invited to attend an Electoral Area Advisory
Committee meeting on an annual basis.
BUSINESS ARISING FROM DELEGATIONS
Conservation Officer Service (LOCKWOOD, Josh)
Moved and seconded by Directors Pearase and Macnabb
That it be recommended to the Board of Directors that staff be directed to prepare a new
contract with the Conservation Officer Service for an Enhanced Boat Patrol Program for the
2015 season at the same funding level as 2014 ($21,000).
CARRIED
REPORTS
Advisory Planning Commission Meetings
Moved and seconded by Directors Pearase and Foisy
That the minutes of the following Advisory Planning Commission meetings be received for
information:
− Electoral Area “E” – Meeting of September 22, 2014
− Electoral Area “F” – Meeting of September 29, 2014
CARRIED
Building Inspections Statistical Reports
Moved and seconded by Directors Fairbairn and Macnabb
That the August 2014 Building Inspections Statistical Reports be received for information.
CARRIED
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BOARD of DIRECTORS - REGULAR AGENDA
October 15, 2014 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-5-
October 2, 2014
General Manager’s Report
The General Manager, Electoral Area Administration provided an update on the following
matters:
−
−
−
−
Local Government Elections
UBCM Follow-up
Area “D” Internet Community Committee
Area “F” Community Associations Meeting
IN CAMERA
Moved and seconded by Directors Macnabb and Pearase
That, pursuant to Section 92 of the Community Charter, the regular meeting of the Electoral
Area Advisory Committee convene In Camera to deal with matters deemed closed to the public
in accordance with Section 90(1)(k) of the Community Charter.
CARRIED
The regular meeting of the Electoral Area Advisory Committee adjourned to meet In Camera at
3:46 p.m.
The regular meeting of the Electoral Area Advisory Committee reconvened at 4:22 p.m.
ADJOURNMENT
There being no further business, the meeting was adjourned at 4:22 p.m.
CERTIFIED CORRECT
Chair
Bob Fleming
Deputy Corporate Officer
Paddy Juniper
Page 116 of 116
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