REGULAR AGENDA BOARD of DIRECTORS MEETING CONSOLIDATED

REGULAR AGENDA BOARD of DIRECTORS MEETING  CONSOLIDATED

BOARD of DIRECTORS MEETING

Wednesday, November 18, 2015

4:00 p.m.

REGULAR AGENDA

CONSOLIDATED

This document is a consolidation of the above-noted meeting agenda and includes the addition of the document(s) listed below. Note that documents listed below that have been brought forward at the meeting and form a part of the agenda will be found at the back of this agenda package.

AGENDA ADDITIONS

Agenda Item No. Subject

E.6

− Electoral Areas “D” and “E” Official Community Plan

Amendment Bylaw No. 2690, 2015

E.13

E.15

G.1c

− Intermunicipal Emergency Operations Service Contract

Withdrawal Bylaw No. 2699, 2015

− Legislative Housekeeping / Abandonment of Bylaws

− Greater Vernon Advisory Committee – Special Meeting –

October 29, 2015 (unadopted minutes)

REGIONAL DISTRICT OF NORTH OKANAGAN

BOARD of DIRECTORS MEETING

Wednesday, November 18, 2015

Immediately following the Public Hearing at 4:00 p.m.

REGULAR AGENDA

A.

B.

APPROVAL OF AGENDA

1. Board of Directors – November 18, 2015

(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 November 18, 2015 regular meeting of the Board of Directors be approved as presented.

ADOPTION OF MINUTES

1. Board of Directors – November 4, 2015

RECOMMENDATION 2

(Unweighted Corporate Vote – Simple Majority)

Page 1

That the minutes of the November 4, 2015 meeting of the Board of Directors be adopted as circulated.

C.

D.

DELEGATIONS

UNFINISHED BUSINESS

Board of Directors Agenda – Regular

E. NEW BUSINESS

- 2 - November 18, 2015

1. Request to Modify Covenant KW5197 and Covenant LA35539

O’BRIEN, R. and G. c/o SPLYCE DESIGN [File 15-0282-B-LD]

421 High Ridge Road, Electoral Area “B”

− Staff report dated October 21, 2015

RECOMMENDATION 3

Page 5

(Part 26 – Special Voting – Electoral Areas Only – Simple Majority)

That following consideration of comments received at the Public Hearing, the request to modify Covenant KW5197 and Covenant LA35539 registered on the title of the property legally described as Lot 2, Sec 5, Twp 9, ODYD, Plan KAP80583 and located at 421 Highridge Road, Electoral Area “B”, to permit the relocation of the restricted building area identified in the Covenants to an area shown on the site plan attached to the Planning Department Report dated October 21, 2015 be supported.

2. Development Variance Permit Application

STEFANYK, K. [File 15-0355-F-DVP]

51 Foxwood Road, Electoral Area “F”

− Staff report dated October 2, 2015

RECOMMENDATION 4

Page 18

(Part 26 – Special Voting – Electoral Areas Only – Simple Majority)

That as recommended by the Electoral Area Advisory Committee, that upon consideration of input from adjacent landowners, a Development Variance

Permit be issued for the property legally described as Lot B, DL 526, KDYD, Plan

KAP60768 and located at 51 Foxwood Road, Electoral Area “F” to allow a variance to

Table 1 of Division 1601 of the Regional District of North Okanagan Zoning Bylaw No.

1888, 2003 by reducing the front and side yard setbacks of a poultry barn from 30 m to 15 m and 9.14 m as shown on the plans attached to the Planning Department report dated October 2, 2015 subject to the following:

1. the existing stand of coniferous trees along the south and west property lines must be retained as shown on the plans attached to the Planning Department report dated October 2, 2015;

2. a solid double row of mixed coniferous plantings with foliage from base to crown and a finished height of at least 6 meters be planted along the west property line as shown on the plans attached to the Planning Department report dated October

2, 2015;

3. fan hoods be used on the west side of the barn to vent exhaust towards the ground.

Board of Directors Agenda – Regular - 3 - November 18, 2015

3. Development Permit with Variances Application

POGGEMOELLER, S. [File 15-0235-F-DVP / 15-0236-F-DVP]

6253, 6261 AND 6314 Highway 97A, Electoral Area “F”

− Staff report dated October 8, 2015

RECOMMENDATION 5

Page 27

(Part 26 – Special Voting – Electoral Areas Only – Simple Majority)

That as recommended by the Electoral Area Advisory Committee, a Development

Permit with Variances be issued for the properties legally described as Lot 1, Sec 2,

Twp 19, R9, W6M, KDYD, Plan 4734 AND Lot 2, Sec 2, Twp 19, R9, W6M, KDYD,

Plan 1548 AND That Part NW 1/4, Sec 2, Lying W of the Spallumcheen River, Twp

19, R9, W6M, KDYD, Except: Plan R170 and Parcel A (DD134553F) and located at

6253, 6261 AND 6314 Highway 97A, Electoral Area “F” to allow variances to the following Sections of the Regional District of North Okanagan Zoning Bylaw No. 1888,

2003:

1. Section 602.10.i by reducing the front yard setback of an outside storage area (log

/ lumber storage yard area) from 9 m to 2 m;

2. Section 1501.1.a.i by waiving the requirement to screen an outside storage area

(log / lumber storage yard area);

3. Section 1501.2.a.ii by reducing the requirement for a 7.5 m wide landscaped buffer along the west side of the subject properties which are adjacent to Highway 97A to a 2 m wide landscaped buffer along a 230 m long portion of the west side of the subject properties;

4. Section 602.9.c by reducing the rear yard setback of a dry lumber storage building from 9 m to 0.5 m;

5. Section 602.9.c by reducing the rear yard setback of a dry kiln / dry lumber storage building from 9 m to 7.6 m;

6. Sections 602.9.c and 602.9d by reducing the rear and side yard setbacks of a fire truck / mechanic building from 9 m to 7.6 m and 6 m to 5.0 m respectively;

7. Section 602.9.d by reducing the side yard setback of a weigh scale control building from 6 m to 5.0 m;

8. Section 1101.2.e.iii by waiving the requirement that off-street parking areas be paved;

9. Section 1101.2.f by waiving the requirement that off-street parking areas be curbed;

10. Section 1201.6.c by waiving the requirement that off-street loading areas be curbed;

11. Section 1201.6.d. by waiving the requirement off-street loading areas be paved;

12. Table 3 of Section 1601 by reducing the front yard setback of an accessory farm building (hay storage) from 7.5 m to 5.8 m; and further,

That a Development Permit with Variances be issued for the properties legally described as Lot 1, Sec 2, Twp 19, R9, W6M, KDYD, Plan 4734; AND Lot 2, Sec 2,

Twp 19, R9, W6M, KDYD, Plan 1548; AND That Part NW 1/4, Sec 2, Lying W of the

Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: Plan R170 and Parcel A

(DD134553F) and located at 6253, 6261 and 6314 Highway 97A, Electoral Area “F” subject to the following:

1. the dimensions and siting of the buildings to be constructed on the land and the subdivision of the lands be in general accordance with the building location plan attached to the Planning Department report dated October 8, 2015;

Board of Directors Agenda – Regular - 4 - November 18, 2015

2. 82 gravel parking spaces and associated maneuvering aisles be provided in accordance with the parking plan attached to the Planning Department report dated October 8, 2015;

3. 5 gravel loading spaces be provided in accordance with the parking plan attached to the Planning Department report dated October 8, 2015;

4. access aprons be paved in accordance with the specifications of the Ministry of

Transportation and Infrastructure;

5. a portion of the outside storage areas shall be screened / landscaped in accordance the screening / landscaping plan attached to the Planning Department report dated October 8, 2015;

6. a buffer be provided between the subject properties and the adjacent lands to the north which are located in the Agricultural Land Reserve;

7. a Section 219 Restrictive Covenant be registered on the title of the subject properties to require that all construction meet the Floodplain Setbacks and Flood

Construction Levels of the Shuswap River and to save harmless the Regional

District from losses or damages that may be caused due to flooding;

8. the subject 4.9 ha portion of the property legally described as That Part NW 1/4,

Sec 2, Lying W of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: Plan

R170 and Parcel A (DD134553F) be consolidated with the property legally described as Lot 2, Sec 2, Twp 19, R9, W6M, KDYD, Plan 1548; and further,

That prior to issuance of the Development Permit with Variances, security be provided in an amount equal to 1.25 times the estimated cost of installing the screening and landscaping and the gravel associated with the parking, loading and driveway areas. The estimate must be prepared by a qualified contractors.

4. Development Permit with Variances Application

7905 Greenhow Road, Electoral Area “B”

Castle at Swan Lake c/o Jacqueline Brooks [File 15-0360-B-DP / 15-0361-B-DVP]

− Staff report dated October 19, 2015

RECOMMENDATION 6

Page 47

(Part 26 – Special Voting – Electoral Areas Only – Simple Majority)

That as recommended by the Electoral Area Advisory Committee, a Development

Permit with Variances be issued for the property legally described as Lot B, Sections

25 and 26, Twp 8, ODYD, Plan 34092 and located at 7905 Greenhow Road, Electoral

Area “B” to vary the following Sections of Regional District of North Okanagan Zoning

Bylaw No. 1888, 2003:

- Section 1401.4.j by waiving the requirement that free standing signs be placed in and co-ordinated with landscaped areas;

- Section 1401.7.a.ii by increasing the size of a free standing sign from 1.75 m2 to

11.15 m2;

- Section 1401.7.c by increasing the height of a free standing sign from 6.0 m to

9.09 m.

Board of Directors Agenda – Regular - 5 - November 18, 2015

5. Bylaw 2670 – Building Bylaw

− Staff report dated October 20, 2015

RECOMMENDATION 7

Page 56

(Unweighted Corporate Vote – Simple Majority)

That as recommended by the Electoral Area Advisory Committee, Building Bylaw No.

2670, 2015, be given Second Reading as amended; and further,

That Building Bylaw No. 2670, 2015 be given Third Reading.

RECOMMENDATION 8

(Unweighted Corporate Vote – 2/3 Majority)

That Building Bylaw No. 2670, 2015 be Adopted.

6. Bylaw 2690 – Electoral Areas “D” and “E” Official Community Plan Amendment

− Staff report dated November 5, 2015

RECOMMENDATION 9

Page 99

(Part 26 – Special Voting – Electoral Areas Only - Simple Majority)

That following consideration of comments received at the Public Hearing, Electoral

Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2690, 2015 be given

Third Reading.

7. Bylaw 2694 – Silver Star Official Community Plan Amendment

− Staff report dated November 6, 2015

RECOMMENDATION 10

Page 108

(Part 26 – Special Voting – Includes All Electoral Areas and Spallumcheen – Simple

Majority)

That Silver Star Official Community Plan Amendment Bylaw No. 2694, 2015 be given

Second Reading and be referred to a Public Hearing.

8. Bylaw 2698 - Rezoning Amendment

FOISY, E. and S. [File 15-0379-E-RZ]

39 Specht Road, Electoral Area “E”

− Staff report dated October 15, 2015

RECOMMENDATION 11

Page 115

(Part 26 – Special Voting – Electoral Areas Only – Simple Majority)

That as recommended by the Electoral Area Advisory Committee, that Zoning

Amendment Bylaw No. 2698, 2015 which proposes to rezone the property legally described as Lot 1, Sec 27, Twp 57, ODYD, Plan 19296, Except Plans 24045 and

25218 and located at 39 Specht Road, Electoral Area “E” from the Non-Urban (N.U)

Zone to the Country Residential (C.R) Zone be given First and Second Readings and be forwarded to a Public Hearing.

Board of Directors Agenda – Regular - 6 - November 18, 2015

9. Safe Communities - Vehicle

RECOMMENDATION 12

(Weighted Stakeholder Vote – Electoral Areas Only)

That as recommended by the Electoral Area Advisory Committee, the budget for

Electoral Area Safe Communities (442) be amended to include an expenditure of

$26,000 for a vehicle, funded from the Operating Reserve.

10. Parks and Water Development Cost Charges (DCC’s) – Non-profit Housing

RECOMMENDATION 13

(Unweighted Corporate Vote – Simple Majority)

That as recommended by the Greater Vernon Advisory Committee, staff be directed to prepare a text amendment bylaw to amend the Parks and Water Development Cost

Charge (DCC) bylaws to:

− exempt the DCC fees for non-profit rental housing; and

− charge DCC’s on developments of less than four (4) units.

11. 2015 Asset Management Grant Program Application

− Staff report dated October 29, 2015

RECOMMENDATION 14

Page 125

(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas B and

C - Simple Majority)

That as recommended by the Greater Vernon Advisory Committee, the funding application for $10,000 to the Union of British Columbia Municipalities Asset

Management Planning Grant, for Greater Vernon Water to complete a Sustainable

Infrastructure Investment Plan, be endorsed; and further,

That funding of the Greater Vernon Water share ($10,000) will be allocated to the 2016 operating budget.

12. Community Works Fund – Project No. 103 (Liquid Waste Management Plan

Scope of Work)

RECOMMENDATION 15

(Unweighted Corporate Vote – Simple Majority)

That as recommended by the Electoral Area Advisory Committee, an additional

$25,000 of Community Works funding (Electoral Areas “B” and “C”) be approved for the Liquid Waste Management Plan Scope of Work project (CWF Project No. 103), bringing the total to $40,000.

Board of Directors Agenda – Regular - 7 - November 18, 2015

13. Bylaw 2699 - Inter-Municipal Emergency Operations Service Contract

RECOMMENDATION 16

(Weighted Stakeholder Vote – Includes Electoral Areas Only)

That as recommended by the Electoral Area Advisory Committee, Inter-Municipal

Emergency Operations Service Contract Withdrawal Bylaw No. 2699, 2015 be given

First, Second and Third Readings.

RECOMMENDATION 17

(Weighted Stakeholder Vote – Includes Electoral Areas Only – 2/3 Majority)

That Inter-Municipal Emergency Operations Service Contract Withdrawal Bylaw No.

2699, 2015 be Adopted.

F. BUSINESS ARISING FROM DELEGATIONS

G. REPORTS

1. Standing and Select Committees

RECOMMENDATION 18

(Unweighted Corporate Vote – Simple Majority)

Page 127

That the minutes of the following meetings be received for information:

− Greater Vernon Advisory Committee – Regular – November 5, 2015 (unadopted)

− Electoral Area Advisory Committee – Regular – November 5, 2015 (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)(c)(g)(e) of the Community Charter.

I. REPORT FROM IN CAMERA

Board of Directors Agenda – Regular

J. ADJOURNMENT

- 8 - November 18, 2015

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - 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,

November 4, 2015.

Members: Director R. Fairbairn

Director K. Acton

Director D. Dirk

Director G. McCune

Director J. Brown

Director A. Mund

Director J. Cunningham

Director C. Lord

Director B. Quiring

Electoral Area “D”

Village of Lumby

District of Coldstream

City of Enderby

Township of Spallumcheen

City of Vernon

City of Vernon

City of Vernon

City of Vernon

Chair

Vice Chair

Director B. Fleming

Director M. Macnabb

Director H. Cameron

Director H. Halvorson

Electoral Area “B”

Electoral Area “C”

Electoral Area “E”

Electoral Area “F”

Staff:

D. Sewell

*L. Mellott

R. Smailes

*S. Banmen

P. Juniper

*K. Pinkoski

L. Frank

*C. Mazzotta

C. Howkins

Chief Administrative Officer

General Manager, Electoral Area Administration

General Manager, Planning and Building

General Manager, Finance

Deputy Corporate Officer

Manager, Parks

Regional Planning Projects Manager

Information Services Manager

Senior Clerk, Corporate Services

Also *Alternate Director J. Garlick District of Coldstream

Present: Councillor G. Kiss District of Coldstream

Media and Public

* Denotes presence for part of meeting

CALL MEETING TO ORDER

The meeting was called to order at 4:02 p.m.

APPROVAL OF AGENDA

Board of Directors – November 4, 2015

Moved and seconded by Directors Mund and Halvorson

That the Agenda of the November 4, 2015 regular meeting of the Board of Directors be approved as presented.

CARRIED

Page 1 of 137

Board of Directors Minutes – Regular - 2 -

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item B.1

November 4, 2015

ADOPTION OF MINUTES

Board of Directors – October 21, 2015

Moved and seconded by Directors Acton and Mund

That the minutes of the October 21, 2015 meeting of the Board of Directors be adopted as circulated.

CARRIED

DELEGATIONS

Okanagan Basin Water Board – Budget and Fiscal Plans

Anna Warwick Sears, Executive Director for the Okanagan Basin Water Board (OBWB) provided a verbal update to the Board on current and ongoing projects and initiatives.

NEW BUSINESS

Bylaw 2689 – Rezoning

HOLLENBACH, K. & S. [File No. 15-0231-C-RZ]

7616 McLennan Road, Electoral Area “C”

Moved and seconded by Directors Macnabb and Cameron

That Rezoning Bylaw No. 2689, 2015 which proposes to rezone a 4.8 ha portion of the property legally described as Lot 23, Sec 25, Twp 8, ODYD, Plan 1956, Except Plans 8464 and KAP83894 and located at 7616 McLennan Road, Electoral Area “C” from the Non-Urban [N.U] Zone to the

Country Residential [C.R] Zone be Adopted.

CARRIED

Regional Agricultural Plan

Moved and seconded by Directors Macnabb and Fleming

That the Regional Agricultural Plan be endorsed; and further,

That funding opportunities and mechanisms be explored for plan implementation and a work plan be developed for 2016.

CARRIED

Regional Parkland Legacy Consensus Matrix

Moved and seconded by Directors Acton and Dirk

That the Regional Parkland Legacy Consensus Matrix be referred to member municipal Councils and the Electoral Area Advisory Committee for consideration.

CARRIED

Page 2 of 137

Board of Directors Minutes – Regular - 3 -

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item B.1

November 4, 2015

Letter of Support for BX Ranch c/o Regional District of North Okanagan

Moved and seconded by Directors Macnabb and Fleming

That the Regional Agricultural Advisory Committee send a letter to the Agricultural Land

Commission expressing support for the proposed subdivision application of BX Ranch by the

Regional District of North Okanagan.

CARRIED

BUSINESS ARISING FROM DELEGATIONS

Restorative Justice Society – North Okanagan

Moved and seconded by Directors Cunningham and Quiring

That staff bring back information and draft establishment bylaws for the creation of a service for funding the Restorative Justice Society – North Okanagan.

CARRIED

REPORTS

Standing and Select Committees

Moved and seconded by Directors Dirk and Lord

That the minutes of the following meetings be received for information:

− Greater Vernon Advisory Committee – Special – October 15, 2015 (unadopted)

− Regional Growth Management Advisory Committee – Regular – October 21, 2015

(unadopted)

− Regional Agricultural Advisory Committee – Regular – October 22, 2015 (unadopted)

CARRIED

External Committee Reports

Directors provided updates for the following external committees:

– Okanagan Basin Water Board (OBWB)

– Southern Interior Local Government Association (SILGA)

– Southern Interior Beetle Action Coalition (SIBAC)

– Municipal Finance Authority (MFA)

Chief Administrative Officer’s Report

The Chief Administrative Officer provided an update on the following:

- Recycling and Disposal Facility Winter Hours

IN CAMERA

Moved and seconded by Directors Dirk and Halvorson

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)(c), (e), (g) and (k) of the Community Charter.

CARRIED

Page 3 of 137

Board of Directors Minutes – Regular - 4 -

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item B.1

November 4, 2015

The regular meeting of the Board of Directors adjourned to meet In Camera at 5:15 p.m.

The regular meeting of the Board of Directors reconvened at 5:18 p.m.

ADJOURNMENT

There being no further business, the meeting was adjourned at 5:18 p.m.

CERTIFIED CORRECT

Chair

Rick Fairbairn

Deputy Corporate Officer

Paddy Juniper

Page 4 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.1

REGIONAL DISTRICT of

NORTH OKANAGAN

REPORT

File No.: 15-0282-B-LD

TO:

FROM:

Board of Directors

Planning Department

DATE: October 21, 2015

SUBJECT

:

Legal Document Request - Modification of Covenant KW5197 and

Covenant LA35539

RECOMMENDATION:

That following consideration of comments received at the Public Hearing, the request to modify

Covenant KW5197 and Covenant LA35539 registered on the title of the property legally described as

Lot 2, Sec 5, Twp 9, ODYD, Plan KAP80583 and located at 421 Highridge Road, Electoral Area “B”, to permit the relocation of the restricted building area identified in the Covenants to an area shown on the site plan attached to the Planning Department Report dated October 21, 2015 be supported.

BACKGROUND:

This report pertains to a request for the Board of Directors to authorize an amendment to Covenants

KW5197 and LA35539 which are “restricted building site” covenants registered on the title of the property located at 421 Highridge Road. The amendment proposes to shift the approved building site defined on Reference Plan KAP80588 an average of 23 m eastward. The Planning Department report dated August 18, 2015 provides details associated with the applicant’s proposal.

At the Regular Meeting of September 16, 2015 the Board of Directors considered the applicant’s request along with the above noted staff report and passed the following resolution:

That the request to modify Covenant KW5197 and Covenant LA35539 registered on the title of the property legally described as Lot 2, Sec 5, Twp 9, ODYD, Plan KAP80583 and located at

421 Highridge Road, Electoral Area “B”, to permit the relocation of the restricted building area identified in the Covenants to an area shown on the site plan attached to the Planning

Department Report dated August 18, 2015 be referred to a Public Hearing.

The applicant has submitted a Development Notification Certificate which confirms that on October 8,

2015 a Development Notice was posted on the subject property in accordance with the Regional District

of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315,

2008.

The Public Hearing for the request to modify the Covenants registered on the title of the property has been advertised in the local newspapers and the adjacent land owners have been notified by letter of the Public Hearing, all in accordance with Regional District bylaws and the provisions of the Local

Government Act.

Page 5 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.1

Page 6 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.1

REGIONAL DISTRICT of

NORTH OKANAGAN

PLANNING DEPARTMENT

INFORMATION REPORT

LEGAL DOCUMENT REQUEST

Date:

File No.:

Applicant:

Legal Description:

August 18, 2015

15-0282-B-LD

Ronald and Geri O’Brien c/o Nigel Parish

Lot 2, Sec. 5, Twp 9, ODYD, Plan KAP80583

P.I.D.#

Civic Address:

026-623-641

421 Highridge Road

Property Size:

Servicing:

4.49 ha (11.09 acres)

Water license (Kalamalka Lake) and on-site sewage disposal

Present Zoning:

Country Residential (C.R)

O.C.P. Designation:

Country Residential

Proposal:

Request to relocate a restricted building site designated by

Covenant KW5197 and Covenant LA35539.

PLANNING DEPARTMENT RECOMMENDATION:

That the request to modify Covenant KW5197 and Covenant LA35539 registered on the title of the property legally described as Lot 2, Sec 5, Twp 9, ODYD, Plan KAP80583 and located at 421

Highridge Road, Electoral Area “B”, to permit the relocation of the restricted building area identified in the Covenants to an area shown on the site plan attached to the Planning Department

Report dated August 18, 2015 be referred to a Public Hearing.

BACKGROUND:

The owner of the property located at 421 Highridge Road has requested the Regional District’s authorization to amend the terms of two covenants registered on the title of the property. The covenants restrict the building site on the property to a 2000 m

2

area. The applicant is proposing to move the building site an average of 23 m to the east. No change to the size of the restricted building site is proposed. The applicant states that the intent of modifying the building site location is to “better orient the house and tailor the design to the characteristics of the landscape and views”.

Page 7 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.1

Legal Document Request

15-0282-B-LD (O’Brien c/o Nigel Parish)

Page 2

Previous Development Applications and Registered Covenants

The subject property was created in March 2006 as part of a four lot subdivision. The subdivision followed an OCP amendment and rezoning process which concluded in October 2003 with the parent parcel being rezoned from Large Holding to Country Residential. As a condition of approval of the OCP and zoning amendments, the Board of Directors required that Covenant No.

KW5197 be registered on the title of the parent parcel. The Covenant states that the use of the subject property shall be subject to the following restrictions and prohibitions:

1. No building, structure or improvements of any kind including swimming pools, recreational facilities and fences shall be constructed, reconstructed, moved, extended or located on any portion of the property except within the boundaries of a 2000 m

2

building site, except as may be required for purposes of road and driveway construction, gateway construction and installation of domestic utilities and restorative landscaping;

2. The lands outside of the building site shall be left in its natural state and undisturbed save and except as may be required for purposes of road and driveway construction, gateway construction and installation of domestic utilities and restorative landscaping.

In 2005, a Development Permit (DP) was issued as a condition of the proposed 4 lot subdivision which created the subject property. The Official Community Plan in effect at the time identified the subject property as being within a Development Permit Area for the protection of environmentally sensitive areas. The approved DP includes map schedules depicting the approved 2000 m

2

building sites and Environmental Protection Zones. A gulley located near the middle of property is identified as an Environmental Protection Zone. The approved building site associated with the subject property is located to the east of the gulley. Conditions associated with the DP specify that:

1. There shall be no soil deposit or removal, or construction activity of any kind permitted outside of the building site and sewage disposal field and designated area for driveways except as required for utility connections, parking areas and water lines as outlined in the Development

Permit;

2. All building structures, fences, hedges and swimming pools shall be confined to the building site which shall be confirmed by a survey certificate;

3. The construction of buildings or structures or the installation of utility works, fences, posts or works of any kind or the cutting or removal of vegetation or the deposition of soil materials or debris or any kind or the planting of grasses, shrubs or trees of any kind shall not be permitted within the area designated as Environmental Protection Zone.

As a condition of approval of the four lot subdivision, Covenant No. LA35539 was required to be registered on the title of the lots, including the subject property, in order to identify the restricted building areas by way of a Reference Plan prepared by a BC Land Surveyor.

Site Context

The subject property is a 4.49 ha lot located at 421 Highridge Road. An existing easement across two neighbouring parcels to the east (currently vacant) has been registered to provide driveway access from Highridge Road to the building site on the subject property.

The property slopes downward from Highridge Road to the CN railway corridor which borders the southeast side of the lot. Kalamalka Lake borders the opposite side of the railway corridor.

Page 8 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.1

Legal Document Request

15-0282-B-LD (O’Brien c/o Nigel Parish)

Page 3

The subject and surrounding properties to the north, east, and west are zoned and designated on the Electoral Areas “B” and “C” Official Community Plan (OCP) as Country Residential. The railway corridor on the south side of the property is zoned Country Residential (C.R) and designated in the OCP as a Transportation Corridor.

The following ortho (aerial) photo of the subject and surrounding properties was taken in 2013.

The Proposal

The owner of the subject property has requested the Regional District’s authorization to modify the building site location which is defined in both Covenant KW5197 and Covenant LA35539 registered on the title of the property. The requested modification is to allow the 2000 m

2

building site to be shifted eastward as shown on the attached site plan.

The northeast corner of the building site is proposed to be moved approximately 15 m east while the southeast corner is proposed to be moved approximately 31 m east for an average shift of 23 m. The easterly boundary of the building site as proposed would be aligned parallel to the easterly property boundary and, according to house plans provided by the applicant, the proposed single family dwelling would be contained entirely within the redefined building site and would be no closer than 5.6 m from the easterly property boundary.

PROCEDURAL REQUIREMENTS:

Page 9 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.1

Legal Document Request

15-0282-B-LD (O’Brien c/o Nigel Parish)

Page 4

In conjunction with a previous, unrelated application, legal counsel has advised that when the establishment of a covenant was fundamental to the adoption of an Official Community Plan and/or Rezoning Bylaw, the interests of the general public are relevant and should be canvassed through an open public process. In such circumstances, staff have recommended that requests to discharge or amend a covenant be considered at a Public Hearing.

Covenants (regarding environmental protection, no further subdivision, storm drainage design, and building sites) were fundamental to the adoption of the 2003 Official Community Plan and zoning amendment bylaws which applied to the parent parcel of the subject property. In this regard, the views and interests of the other lot owners in this subdivision and of the public in general, are relevant and in the interests of consistency with past practice and legal advice, staff would recommend that, should the Board support an amendment to the building site covenant, the proposed amendment be considered at a Public Hearing.

ELECTORAL AREAS “B” AND “C” OFFICIAL COMMUNITY PLAN:

The subject property is designated Country Residential in Electoral Areas “B” and “C” Official

Community Plan Bylaw No. 2626, 2014. The property is also designated as being within an area identified as having a High Conservation Value with regard to environmentally sensitive lands.

As such, it has been designated as a Development Permit Area for the Protection of

Environmentally Sensitive Areas.

Unless a Development Permit Exemption applies, development on lands of High or Very High

Conservation Value require an Environmentally Sensitive Lands Development Permit prior to issuance of a Building Permit, subdivision, or land alteration. As outlined in the Official Community

Plan, the following types of development may not require a Development Permit:

• Development, upon submission to the Regional District of a written statement from a Qualified

Environmental Professional confirming the absence of an environmentally sensitive ecosystem within the area that would be affected by the proposed work. The QEP must identify the methodology used which should be of the same or higher standard than that used in the development of the Conservation Ranking; or

• Accessory residential or agricultural buildings with a total gross floor area of less than 55 m

2 and meeting the setbacks of the Zoning Bylaw.

The following guidelines are to be considered in the review of an Environmentally Sensitive Lands

Development Permit application:

• Development should be consistent with relevant provincial and federal legislation and regulations (Fisheries Act, Waste Management Act, and guidelines “Develop with Care:

Environmental Guidelines for Urban and Rural Land Development in BC”; ‘Wetland Ways:

Interim Guidelines for Wetland Protection and Conservation in British Columbia 2009’; and

‘Designing and Implementing Ecosystem Connectivity in the Okanagan’);

• Site plans should minimize fragmentation of large forest or grassland patches through careful siting of roads, infrastructure and development;

• Developments and subdivisions should be designed to protect endangered, threatened, or vulnerable species and plant communities, including critical habitat such as a watercourse, pond, lake, vegetation stands, and wildlife habitats;

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Legal Document Request

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Page 5

• Careful site planning should avoid disturbance of steep slopes, particularly those known to support sensitive plant or wildlife communities;

• In areas of High Conservation Ranking where the scope and scale of development or subdivision could have a significant impact (habitat destruction and or fragmentation) on the sensitive lands and features present, with an area of disturbance exceeding 500 m

2

, an applicant may be required to supply an environmental impact assessment and/or habitat assessment, prepared by a Qualified Environmental Professional or person with similar qualifications and acting in their area of expertise, which inventories the existing environmentally sensitive feature(s) and assesses the environmental impact of the proposed development and prescribes appropriate recommendations for construction, mitigation and protection of habitat.

ZONING BYLAW:

The subject property is zoned Country Residential (C.R). The C.R zone allows for parcels to be created with a 2.0 ha minimum size. Uses permitted in the C.R zone include single family dwellings, two family dwellings, ancillary single family dwellings, secondary suites, accessory buildings, bed and breakfasts, boarding houses, community care facilities, home occupations uses, agricultural uses, limited resource use, veterinary clinics, and wineries and cideries.

Buildings per Lot and Floor Area

With respect to the subject property, one single family dwelling or one two-family dwelling, or one manufactured home, and one ancillary single family dwelling with a maximum gross floor area of

75 m

2

(807.3 sq ft) would be permitted.

Height of Buildings and Structures

The maximum height of a building used as a single family dwelling must not exceed 12 metres.

Setbacks

A side yard, rear yard, and front yard free of buildings and structures must be provided with a depth of not less than 4.5 m, 7.5 m, and 7.5 m respectively for a single family dwelling.

PLANNING ANALYSIS:

The subject application requests that the Board authorize a modification to two restrictive covenants registered on the title of the property located at 421 Highridge Road to allow the location of a 2000 m

2

restricted building site to be moved an average of 23 m to the east. Both covenants were established to protect areas of wildlife habitat and environmentally sensitive areas, including Kalamalka Lake and the surrounding grasslands. The covenants were required to be registered as a condition of approval of the rezoning and subdivision applications associated with the parent property of the subject property.

The location of the building sites identified in Covenants No. KW5197 and LA35539 were established based on the recommendations of a 1992 report by Norecol Environmental

Consultants which notes that “careful construction practices” should be followed throughout the

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Legal Document Request

15-0282-B-LD (O’Brien c/o Nigel Parish)

Page 6 development of the subject property. The report indicates that, within the subject property, the vegetated ephemeral drainage gulleys, rock piles and bluffs, and Ponderosa Pine trees would be the areas of most importance to wildlife and that any reduction in small mammal habitat could affect predator populations including coyotes, raptors, and snakes.

The Planning Department recommends that the Board of Directors authorize the applicant’s request for the following reasons:

1. The size of the building site (2000 m

2

) will not be increased;

2. The requested relocation of the building site is a relatively minor change wherein approximately half of the proposed building site would remain within the boundary of the existing building site covenant area while a portion of the building site would extend 15 to 31 m to the east;

3. The proposed building site would be situated near the southeast corner of the property. The above noted environmental report from 1992 suggests that the proposed building site would not be within an area which is environmentally sensitive or within an area of importance to wildlife habitat;

4. Since 1993, Development Permits have been issued as a condition of the creation of 28 lots

(including the subject property) within the Kalamalka Lakeview Drive and Highridge Road area. As a condition of approval of the Permits, covenants have been registered on the title of the lots to restrict building envelopes to an area ranging from 800 m2 to 2000 m2. To date, the Board has authorized the relocation of a number of these buildings sites.

Registration of Covenant No. KW5197 was fundamental to the Regional Board’s approval of the

OCP and Zoning Amendment Bylaws which were approved in 2003 to facilitate development of the four lot subdivision which created the subject property. As such, any proposed modification of the covenant should be considered through a Public Hearing process so as to provide adjacent land owners and the public with an opportunity to provide feedback to the Board. This approach would be consistent with legal advice and past practice.

It should also be noted that any amendments to the Covenants would require the approval of the

Ministry of Transportation and Ministry of Environment which are named as Transferees on the

Covenants.

In their referral response, the Ministry of Transportation and Infrastructure noted that the applicant would be required to provide the Ministry with a report from a geotechnical engineer before they could fully assess the proposal. The Ministry of Forests, Lands, and Natural Resource Operations have requested additional information regarding environmental impacts to help inform their decision-making.

The requirements noted in each ministry’s referral response are more rigorous than requirements they have previously specified with respect to other, more substantive, covenant amendment requests. Nonetheless, the land owner will be required to obtain the approval of these ministries as they are named as Transferees on the covenants.

Should the Board authorize the modification to the subject covenants as requested, a

Development Permit would be required to be issued prior to the issuance of a Building Permit for the proposed development. The Development Permit could provide a means to ensure that the

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Legal Document Request

15-0282-B-LD (O’Brien c/o Nigel Parish)

Page 7 grassland restoration work is carried out. Through a Development Permit process, the Regional

District can hold security to ensure that the grassland restoration works are satisfactorily completed in accordance with a grassland restoration plan. In the event any of the works are not carried out as required, the Regional District may use the security to ensure the work is satisfactorily completed

SUMMARY:

This report addresses a legal document request for the Board of Directors to authorize an amendment to Covenants KW5197 and LA35539 which are “restricted building site” covenants registered on the title of the property. The amendment proposes to shift the approved building site defined on Reference Plan KAP80588 an average of 23 m eastward. The proposed relocation is relatively minor in nature as no change to the size of the building site is proposed, a portion of the amended building site would overlap with the approved building site, and no previously identified areas of valuable wildlife habitat would be impacted. Due to the process that resulted in the original approvals of the parent parcel, it is recommended that this request be brought forward to a Public Hearing.

REFERRALS:

The application has been referred to the following for their review and comment:

1. Electoral Area “B” Director

2. Electoral Area “B” Advisory Planning Commission

3. Electoral Area Advisory Committee

4. RDNO Parks Department

5. RDNO Administration

6. Building Inspection Department

The Building Inspection Department responded that they had no comments at this time.

7. Interior Health Authority

The IH Healthy Built Environment (HBE) Team responded that an initial review has been completed and no health impacts associated with this proposal were identified. As such the

IH HBE Team indicated that their interests are unaffected by this development proposal.

8. Ministry of Transportation and Infrastructure

The Ministry advised that as this covenant was registered on the properties because of geotechnical concerns, we require further information before we can fully review this proposal. The landowner must submit to this office, a report prepared by a Professional

Engineer registered to practice within the province of BC and authorized for geotechnical work, which shows that the newly proposed building site meets the Approving Officer’s requirements as below:

When considering damaging events only, unless otherwise specified, a probability of occurrence of 1 in 475 years (10% probability in 50 years) for individual landslide hazards should be used as a minimum standard. This value is the probability of the damaging event occurring. The qualified professional is to identify the run-out extent, or area of influence, of the event.

Where the damaging event is a flooding hazard, a probability of occurrence of 1 in 200 years should be used as a minimum standard.

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ELECTORAL AREA "B"

LEGAL DOCUMENT APPLICATION

SUBJECT PROPERTY MAP

File: 15-0282-B-LD

Applicant: Ronald & Geri O’Brien c/o Splyce Design

Location: 421 High Ridge Road

Page 15 of 137

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November 18, 2015 - Item E.2

REGIONAL DISTRICT of

NORTH OKANAGAN

PLANNING DEPARTMENT

INFORMATION REPORT

DEVELOPMENT VARIANCE PERMIT APPLICATION

DATE: October 2, 2015

FILE NO.:

APPLICANT:

15-0355-F-DVP

Kevin Stefanyk

LEGAL DESCRIPTION:

Lot B, DL 526, KDYD, Plan KAP60768

P.I.D.# 024-083-933

CIVIC ADDRESS:

PROPERTY SIZE:

51 Foxwood Road

3.14 ha

ZONING: Non-Urban (N.U)

O.C.P. DESIGNATION: Agricultural

PROPOSED

VARIANCES:

Reduce the front and side yard setback requirements of a poultry barn

PLANNING DEPARTMENT RECOMMENDATION:

That upon consideration of input from adjacent landowners, a Development Variance Permit be issued for the property legally described as Lot B, DL 526, KDYD, Plan KAP60768 and located at

51 Foxwood Road, Electoral Area “F” to allow a variance to Table 1 of Division 1601 of the

Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by reducing the front and side yard setbacks of a poultry barn from 30 m to 15 m and 9.14 m as shown on the plans attached to the Planning Department report dated October 2, 2015 subject to the following:

1. the existing stand of coniferous trees along the south and west property lines must be retained as shown on the plans attached to the Planning Department report dated October 2, 2015;

2. a solid double row of mixed coniferous plantings with foliage from base to crown and a finished height of at least 6 meters be planted along the west property line as shown on the plans attached to the Planning Department report dated October 2, 2015;

3. fan hoods be used on the west side of the barn to vent exhaust towards the ground.

BACKGROUND:

This report relates to an application for a Development Variance Permit for the property located at 51 Foxwood Road. The applicant is proposing to construct a 2,074 m

2

(22,320 ft

2

) poultry barn which would house up to 30,000 broiler chickens. The location of the proposed new barn requires a variance from the 30 m setback requirement of the Zoning Bylaw as it is proposed to be setback

15 m from the south lot line and 9.14 m from the west lot line.

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Development Variance Permit Application

15-0355-F-DVP (Kevin Stefanyk)

Page 2

Site Context

The 3.14 ha subject property is located on the west side of the Shuswap River and the north side of Foxwood Road just east of Crandlemire Road and south of Grindrod. The property is relatively flat with a gradual slope towards the Shuswap River. The property contains a single family dwelling near the north side of the property and four accessory buildings in various locations.

Access to the dwelling is gained from a driveway that connects with Foxwood Road. A mature stand of coniferous trees is located on the south side of the property. The west side of the property is not as heavily vegetated but does contain a mix of mature and younger coniferous trees.

The subject property and properties to the north and south are zoned Non-Urban (N.U) and are designated Agricultural in the Electoral Area “F” Official Community Plan. The adjacent property to the west has a dual zoning of Large Holdings (L.H) and General Industrial (I.2) and a dual designation of Agricultural and Industrial. The subject and surrounding properties are located in the Agricultural Land Reserve.

The following orthophoto of the subject and surrounding properties was taken in 2007.

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Development Variance Permit Application

15-0355-F-DVP (Kevin Stefanyk)

Page 3

The Proposal

The applicant is requesting setback variances to permit the construction of a poultry barn to be located in the south-west quadrant of the subject property. The Zoning Bylaw requires poultry farm buildings to be setback a minimum of 30 m from all property lines. The proposed setback for the poultry barn would be 15 m from the south lot line and 9.14 m from the west lot line. If approved, the barn would be 22,320 ft

2

and house up to 30,000 birds.

The proposed poultry barn would be accessed from the existing driveway with the construction of a new driveway loop which would facilitate loading and unloading of birds and sawdust. The north end of the barn would contain two overhead doors for the loading of chicks and new sawdust. An office is also proposed to be located in the north end of the barn with access gained via a side door on the east elevation. A third overhead door would be located at the south-east corner of the barn to accommodate the loading ramp for birds and clean out of used sawdust. The barn would be equipped with ventilation which requires fewer fans than other ventilation systems. Two hooded fans would be located on the west side of the barn. The applicant states that any dust from these fans would settle within approximately 2.4 m (8 ft) from the barn. The applicant is proposing to plant additional trees along the west property line to provide a more dense vegetative buffer. Along the south elevation of the barn would be four fans that would blow directly towards the existing tree stand. The applicant states that any dust from these fans would settle within approximately 6 m (20 ft) from the barn. The applicant has no intentions of removing the trees along the south property line.

The majority of manure produced on site is proposed to be hauled away within two days after the flock goes out. Some manure will be retained to facilitate the composting of bird culls. The composting building is proposed to be located on the east side of the barn and a minimum of 30 m from all property lines.

ZONING BYLAW:

The subject property is zoned Non-Urban. The uses permitted in the Non-Urban zone include

Accessory buildings and structures; accessory farm sales; ancillary single family dwellings; bed and breakfast use; boarding house use; community care facilities; fruit and produce pickers cabins; home occupation; intensive agricultural use; limited agricultural use; manufactured home; packing houses; public parks and playgrounds; rapid infiltration and spray irrigation; resource use; single family dwellings; two family dwellings; veterinary clinics; wineries and cideries; work force housing units; secondary suites; medical marihuana production facilities. The proposal as compared to the Non-Urban zone requirements is as follows:

CRITERIA

Lot Area (min.)

Lot Width (min.)

Lot Depth

Setbacks (min.)

- Front (south lot line)

- Rear (north lot line)

- Side (west lot line)

- Side (east lot line)

PROPOSAL

3.14 ha

162 m

221 m

15 m

>30 m

9.14 m

>30 m

ZONE REQUIREMENTS

7.2 ha

N/A

N/A

30 m

30 m

30 m

30 m

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Development Variance Permit Application

15-0355-F-DVP (Kevin Stefanyk)

Page 4

Other Setbacks

There are additional setback requirements for accessory farm buildings, structures and areas under Tables 3 and 4 of Division 1601 of the Bylaw. In this regard, compost storage and solid agricultural waste, must be located at least 30 m away from all property lines and a minimum of

15 m from a watercourse.

OFFICIAL COMMUNITY PLAN:

The subject property is designated in the Electoral Area “F” Official Community Plan as

Agricultural and as being within a Development Permit Area for the Protection of the Natural

Environment (Shuswap River) and for the Protection of Development from Hazardous Conditions

(Floodplain). The following Policies are to be considered when reviewing this application:

Agricultural Policies

1. All use and subdivision of agricultural land, except those exempted under Part 2 and Part 5 respectively of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation,

B.C. Reg. 171/2002 shall be in accordance with the provisions of the Agricultural Land

Commission Act, regulations thereto, and the orders of the Commission.

2. Lands within the Agricultural Land Reserve shall be protected from conflict with nonagricultural use by a separation with the type and intensity of conflicting land use through the adoption of appropriate setbacks and buffering within the non-agricultural areas, in which the recommendations of the Ministry of Agriculture shall be considered.

Development Permit Areas

A 30 m strip measured inland from the natural boundary of the Shuswap River is designated as a Development Permit Area for the Protection of the Natural Environment. Since no development is proposed in this area, a Development Permit in this regard is not required.

The Shuswap River floodplain mapping shows the area east of the farm and homesite as being subject to a Development Permit for the Protection of Hazardous Conditions. Since no development is proposed in this area, a Development Permit in this regard is not required.

PLANNING ANALYSIS:

The Regional District Zoning Bylaw requires that principal farm buildings which house animals be setback a minimum of 30 m from property lines in order to mitigate potential impacts (noise, odour, dust) on neighbouring properties. The location of the proposed new barn requires a variance from the 30 m setback requirement of the Zoning Bylaw as it is proposed to be setback 15 m from the south lot line of the subject property and 9.14 m from the west lot line. The Planning

Department recommends that, upon consideration of input from adjacent property owners, the proposed variances be supported for the following reasons:

• the options associated with siting a new poultry barn of this size on the subject property are limited by the size of the property, the location of the dwelling on the property and the location of the Shuswap River floodplain and riparian area;

• the applicant has chosen to locate the barn near the southwest corner of the property which currently contains a mature stand of coniferous trees. Retention of these trees would provide

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November 18, 2015 - Item E.2

Development Variance Permit Application

15-0355-F-DVP (Kevin Stefanyk)

Page 5 a natural buffer that would help mitigate impacts associated with the noise, odour and dust coming from the barn. To help further mitigate impacts, the applicant is proposing to plant additional vegetation along the west property line and to use hood fans to direct exhaust on the west side of the barn towards the ground. The applicant is also proposing to locate driveways associated with the barn towards the interior of the property and to place loading doors on the north and east facing sides of the barn which face the interior of the property;

• the properties most likely to be affected by the proposal are located to the west and south of the subject property. The neighbouring property to the west is currently used for industrial purposes with the exception of the southeast corner of the property which contains a mature stand of coniferous trees. As a condition associated with the expansion of the North Enderby

Timber lumber mill, the 4.9 ha east half of the property is required to be subdivided and rehabilitated for agricultural use. The 4.9 ha property would be vacant of buildings. The applicant states that the owner of the property raises no objections to the proposed variances.

The neighbouring property to the south (across Foxwood Road) would be located approximately 35 m from the proposed poultry barn and the dwelling on the property would be located approximately 82 m from the barn.

• The applicant is proposing to implement measures for noise and dust reduction, and odour prevention as highlighted in the Siting and Management Guidelines for Poultry Barns published by the Ministry of Agriculture and Lands including: o

Locating loading doors on the barn away from neighbours as well as locating the driveway as far as possible from neighbouring residences. o

The applicant is proposing to use exiting vegetative buffers to minimize dust, odour and noise, and has indicated the fans they propose to install are almost noiseless. o

The applicant will not be locating any liquid manure storage systems or solid manure storage facilities on site as all chicken manure will be hauled away within two days after the flock goes out. o

The applicant will be composting birds using a properly constructed composter which is out of sight of road traffic, neighbors and passersby.

The proposed siting and design of the barn largely complies with the Ministry of Agriculture and

Lands Siting and Management Guidelines for Poultry Barns. It is identified that these buildings be setback as far as possible from neighbours’ residences while at the same time allowing for future expansion. The proposed location appears to be the most appropriate spot for a barn of this size. The applicant has indicated that moving the barn closer to the river, east property line, would negatively impact his ability to maximize the use of his lands.

SUMMARY:

The subject Development Variance Permit application proposes a variance to the setback requirements associated with the construction of a poultry barn on the property located at 51

Foxwood Road. The location of the proposed new barn requires a variance from the 30 m setback requirement of the Zoning Bylaw as it is proposed to be setback 15 m from the south lot line of the subject property and 9.14 m from the west lot line. Subject to input from adjacent land owners, the Planning Department recommends that the Development Variance Permit application be supported as it is proposed to be constructed in an area where natural vegetative buffers currently exist and, in areas where the vegetation is sparse, the applicant will plant additional trees to minimize any negative impacts such as noise, dust and privacy issues. The proposed barn location makes efficient use of the property and it appears that it would not negatively impact the use and enjoyment of the surrounding properties.

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ELECTORAL AREA "F"

DEVELOPMENT VARIANCE PERMIT APPLICATION

SUBJECT PROPERTY MAP

File: 15-355-F-DVP

Applicant: Kevin Stefanyk

Location: 51 Foxwood Road

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November 18, 2015 - Item E.3

REGIONAL DISTRICT OF NORTH OKANAGAN

Extract from the Minutes of a Meeting of the

Electoral Area Advisory Committee

Held on

Thursday, November 5, 2015

Development Permit with Variances Application

6253, 6261 AND 6314 Highway 97A, Electoral Area “F”

POGGEMOELLER, S. [File 15-0235-F-DVP / 15-0236-F-DVP]

That as recommended by the Electoral Area Advisory Committee, a Development Permit with Variances be issued for the properties legally described as Lot 1, Sec 2, Twp 19,

R9, W6M, KDYD, Plan 4734 AND Lot 2, Sec 2, Twp 19, R9, W6M, KDYD, Plan 1548

AND That Part NW 1/4, Sec 2, Lying W of the Spallumcheen River, Twp 19, R9, W6M,

KDYD, Except: Plan R170 and Parcel A (DD134553F) and located at 6253, 6261 AND

6314 Highway 97A, Electoral Area “F” to allow variances to the following Sections of the

Regional District of North Okanagan Zoning Bylaw No. 1888, 2003:

1. Section 602.10.i by reducing the front yard setback of an outside storage area (log / lumber storage yard area) from 9 m to 2 m;

2. Section 1501.1.a.i by waiving the requirement to screen an outside storage area (log

/ lumber storage yard area);

3. Section 1501.2.a.ii by reducing the requirement for a 7.5 m wide landscaped buffer along the west side of the subject properties which are adjacent to Highway 97A to a

2 m wide landscaped buffer along a 230 m long portion of the west side of the subject properties;

4. Section 602.9.c by reducing the rear yard setback of a dry lumber storage building from 9 m to 0.5 m;

5. Section 602.9.c by reducing the rear yard setback of a dry kiln / dry lumber storage building from 9 m to 7.6 m;

6. Sections 602.9.c and 602.9d by reducing the rear and side yard setbacks of a fire truck / mechanic building from 9 m to 7.6 m and 6 m to 5.0 m respectively;

7. Section 602.9.d by reducing the side yard setback of a weigh scale control building from 6 m to 5.0 m;

8. Section 1101.2.e.iii by waiving the requirement that off-street parking areas be paved;

9. Section 1101.2.f by waiving the requirement that off-street parking areas be curbed;

10. Section 1201.6.c by waiving the requirement that off-street loading areas be curbed;

11. Section 1201.6.d. by waiving the requirement off-street loading areas be paved;

12. Table 3 of Section 1601 by reducing the front yard setback of an accessory farm building (hay storage) from 7.5 m to 5.8 m; and further,

That a Development Permit with Variances be issued for the properties legally described as Lot 1, Sec 2, Twp 19, R9, W6M, KDYD, Plan 4734; AND Lot 2, Sec 2, Twp 19, R9,

W6M, KDYD, Plan 1548; AND That Part NW 1/4, Sec 2, Lying W of the Spallumcheen

River, Twp 19, R9, W6M, KDYD, Except: Plan R170 and Parcel A (DD134553F) and

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November 18, 2015 - Item E.3

located at 6253, 6261 and 6314 Highway 97A, Electoral Area “F” subject to the following:

1. the dimensions and siting of the buildings to be constructed on the land and the subdivision of the lands be in general accordance with the building location plan attached to the Planning Department report dated October 8, 2015;

2. 82 gravel parking spaces and associated maneuvering aisles be provided in accordance with the parking plan attached to the Planning Department report dated

October 8, 2015;

3. 5 gravel loading spaces be provided in accordance with the parking plan attached to the Planning Department report dated October 8, 2015;

4. access aprons be paved in accordance with the specifications of the Ministry of

Transportation and Infrastructure;

5. a portion of the outside storage areas shall be screened / landscaped in accordance the screening / landscaping plan attached to the Planning Department report dated

October 8, 2015;

6. a buffer be provided between the subject properties and the adjacent lands to the north which are located in the Agricultural Land Reserve;

7. a Section 219 Restrictive Covenant be registered on the title of the subject properties to require that all construction meet the Floodplain Setbacks and Flood Construction

Levels of the Shuswap River and to save harmless the Regional District from losses or damages that may be caused due to flooding;

8. the subject 4.9 ha portion of the property legally described as That Part NW 1/4, Sec

2, Lying W of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: Plan R170 and Parcel A (DD134553F) be consolidated with the property legally described as

Lot 2, Sec 2, Twp 19, R9, W6M, KDYD, Plan 1548; and further,

That prior to issuance of the Development Permit with Variances, security be provided in an amount equal to 1.25 times the estimated cost of installing the screening and landscaping and the gravel associated with the parking, loading and driveway areas.

The estimate must be prepared by a qualified contractors.

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November 18, 2015 - Item E.3

REGIONAL DISTRICT of

NORTH OKANAGAN

PLANNING DEPARTMENT

INFORMATION REPORT

DEVELOPMENT PERMIT WITH VARIANCES

APPLICATION

DATE:

FILE NO.:

APPLICANT:

LEGAL DESCRIPTION:

October 8, 2015

15-0235-F-DP / 15-0236-F-DVP

Sean Poggemoeller

Lot 1, Sec 2, Twp 19, R9, W6M, KDYD, Plan 4734 AND Lot 2, Sec

2, Twp 19, R9, W6M, KDYD, Plan 1548 AND That Part NW 1/4, Sec

2, Lying W of the Spallumcheen River, Twp 19, R9, W6M, KDYD,

Except: Plan R170 and Parcel A (DD134553F)

P.I.D.#

CIVIC ADDRESS:

PROPERTY SIZE:

SERVICING:

002-663-724 AND 002-664-861 AND 015-090-493

6253, 6261 AND 6314 Highway 97A

1.17 ha AND 2.70 ha AND 39.25 ha

On-site well and septic sewage disposal

ZONING:

O.C.P. DESIGNATION:

General Industrial (I.2) / Land Use Contract Bylaw No. 102 / Large

Holding (L.H)

Industrial / Agricultural / Development Permit Area for Industrial

Form and Character / Natural Hazards (Shuswap River Floodplain)

Expansion of an existing sawmill

PROPOSAL:

PROPOSED VARIANCES: Paving, curbing and designating maneuvering aisles, parking and loading areas; screening and locating storage areas outside of a front yard setback; landscaping adjacent to Highway 97A; buffering between ALR and non-ALR lands; and building setbacks.

PLANNING DEPARTMENT RECOMMENDATION:

That upon consideration of input from adjacent landowners, a Development Permit with Variances not be issued for the properties legally described as Lot 1, Sec 2, Twp 19, R9, W6M, KDYD, Plan

4734 AND Lot 2, Sec 2, Twp 19, R9, W6M, KDYD, Plan 1548 AND That Part NW 1/4, Sec 2,

Lying W of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: Plan R170 and Parcel A

(DD134553F) and located at 6253, 6261 AND 6314 Highway 97A, Electoral Area “F” to allow variances to the following Sections of the Regional District of North Okanagan Zoning Bylaw No.

1888, 2003:

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1. Section 309 by waiving the requirement to provide a buffer between the subject properties and the adjacent lands to the north which are located in the Agricultural Land Reserve;

2. Section 602.10.i by reducing the front yard setback of an outside storage area (log / lumber storage yard area) from 9 m to 0 m;

3. Section 1501.1.a.i by waiving the requirement to screen an outside storage area (log / lumber storage yard area);

4. Section 1501.2.a.ii by waiving the requirement for a landscaped buffer along the west side of the subject properties which are adjacent to Highway 97A;

5. Section 1101.2.b by waiving the requirement to provide designated maneuvering aisles associated with on-site parking areas;

6. Sections 1101.2 and 1101.3 by waiving the requirement to designate 119 parking spaces;

7. Section 1201 by waiving the requirement to designate 3 loading spaces; and further,

That upon consideration of input from adjacent landowners, a Development Permit with Variances be issued for the properties legally described as Lot 1, Sec 2, Twp 19, R9, W6M, KDYD, Plan

4734 AND Lot 2, Sec 2, Twp 19, R9, W6M, KDYD, Plan 1548 AND That Part NW 1/4, Sec 2,

Lying W of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: Plan R170 and Parcel A

(DD134553F) and located at 6253, 6261 AND 6314 Highway 97A, Electoral Area “F” to allow variances to the following Sections of the Regional District of North Okanagan Zoning Bylaw No.

1888, 2003:

1. Section 602.9.c by reducing the rear yard setback of a dry lumber storage building from 9 m to 0.5 m;

2. Section 602.9.c by reducing the rear yard setback of a dry kiln / dry lumber storage building from 9 m to 7.6 m;

3. Sections 602.9.c and 602.9d by reducing the rear and side yard setbacks of a fire truck / mechanic building from 9 m to 7.6 m and 6 m to 5.0 m respectively;

4. Section 602.9.d by reducing the side yard setback of a weigh scale control building from 6 m to 5.0 m;

5. Section 1101.2.e.iii by waiving the requirement that off-street parking areas be paved;

6. Section 1101.2.f by waiving the requirement that off-street parking areas be curbed;

7. Section 1201.6.c by waiving the requirement that off-street loading areas be curbed;

8. Section 1201.6.d. by waiving the requirement off-street loading areas be paved;

9. Table 3 of Section 1601 by reducing the front yard setback of an accessory farm building (hay storage) from 7.5 m to 5.8 m; and further,

That a Development Permit with Variances be issued for the properties legally described as Lot

1, Sec 2, Twp 19, R9, W6M, KDYD, Plan 4734; AND Lot 2, Sec 2, Twp 19, R9, W6M, KDYD,

Plan 1548; AND That Part NW 1/4, Sec 2, Lying W of the Spallumcheen River, Twp 19, R9, W6M,

KDYD, Except: Plan R170 and Parcel A (DD134553F) and located at 6253, 6261 and 6314

Highway 97A, Electoral Area “F” subject to the following:

1. the dimensions and siting of the buildings to be constructed on the land and the subdivision of the lands be in general accordance with the site plan attached to the Planning Department report dated October 8, 2015;

2. 119 gravel parking spaces and associated maneuvering aisles be provided in accordance with the standards outlined in Section 1101 of Zoning Bylaw No. 1888;

3. 3 gravel loading spaces be provided in accordance with the standards outlined in Section

1201 of Zoning Bylaw No. 1888;

4. access aprons be paved in accordance with the specifications of the Ministry of Transportation and Infrastructure;

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5. no storage yard shall be located within a front yard setback area;

6. outside storage areas shall be screened. The height of fences or walls and evergreen hedges used as landscape screens must be 2.5 m and 2 m respectively;

7. a 7.5 m wide landscape buffer be provided along the west side of the properties which front

Highway 97A. Landscape buffers are to consist of a grass to shrubbery ratio of 6:4 to 8:2;

8. a buffer be provided between the subject properties and the adjacent lands to the north which are located in the Agricultural Land Reserve;

9. a Section 219 Restrictive Covenant be registered on the title of the subject properties to require that all construction meet the Floodplain Setbacks and Flood Construction Levels of the Shuswap River and to save harmless the Regional District from losses or damages that may be caused due to flooding;

10. the subject 4.9 ha portion of the property legally described as That Part NW 1/4, Sec 2, Lying

W of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: Plan R170 and Parcel A

(DD134553F) be consolidated with the property legally described as Lot 2, Sec 2, Twp 19,

R9, W6M, KDYD, Plan 1548; and further,

That prior to issuance of the Development Permit with Variances, security be provided in an amount equal to 1.25 times the estimated cost of installing the screening and landscaping and the gravel associated with the parking, loading and driveway areas. The estimate must be prepared by a qualified contractors.

BACKGROUND:

This report relates to a Development Permit with Variances application for the properties located at 6253, 6261 and 6314 Highway 97A, Electoral Area “F”. The properties located at 6253 and

6261 Highway 97A contain an existing sawmill known as North Enderby Timber Ltd. The applicant proposes to expand its operations to a 4.9 ha portion of an adjacent property located at

6314 Highway 97A. The applicant also proposes to alter the existing sawmill site by constructing new buildings and additions to existing buildings. The owners of the subject properties are also proposing to consolidate the 4.9 ha portion of the property located at 6314 Highway 97A with the existing sawmill properties.

The subject properties located at 6253 and 6261 Highway 97A and the 4.9 ha portion of the property located at 6314 Highway 97A are designated in the Official Community Plan (OCP) as

Industrial and as being within a Development Permit Area for the Form and Character of Industrial

Development. The subject properties are also within a Development Permit Area for Protection of Development from Hazardous Conditions (Floodplain). As such, approval of a Development

Permit is required for the proposed development. The proposal also requires variances to the

Regional District Zoning Bylaw as it would not comply with the regulations associated with the provision of parking and loading areas, screening outdoor storage areas, landscaping along highway frontages, buffering next to ALR lands, and setbacks related to buildings and outdoor storage areas.

Application History

In 1974, Land Use Contract Bylaw No. 102 was adopted to permit the manufacturing of fencing and related specialty wood materials on the property located at 6253 Highway 97A. Bylaw No.

102 also included requirements for landscaping, screening and parking.

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In 1982, a Development Permit (DP) with Variances was issued for the property located at 6261

Highway 97A to permit the replacement of a lumber manufacturing building that had been destroyed by fire. The Permit waived the Zoning Bylaw requirements to: pave parking areas, landscape along Highway 97A; and screen outdoor storage areas.

In 1983, a DP with Variances was issued for the property located at 6253 Highway 97A to permit the construction of a dry storage shed. The Permit required a landscape screen of Chinese Elm trees to be planted at 4.57 m intervals along the west (Highway 97A) side of the properties located at 6253 and 6261 Highway 97A and half of the north property line of the property located at 6261

Highway 97A.

In 2008, a Development Permit with Variances was issued for the property located at 6261

Highway 97A to permit the reconstruction of a sawmill building which was destroyed by fire. The

Permit waived the requirements to drain, pave and curb parking and loading areas, screen and locate storage areas outside of a front yard setback and landscape adjacent to Highway 97A subject to a landscape screen of Chinese elm trees being planted at 4.57 m intervals along the entire west (Highway 97A) frontage of the properties located at 6253 and 6261 Highway 97A and north side of the property located at 6261 Highway 97A and access aprons being paved in accordance with the specifications of the Ministry of Transportation.

In 2012, the 4.9 ha portion of the property located at 6314 Highway 97A was authorized to be excluded from the Agricultural Land Reserve for the purpose of rezoning the 4.9 ha of land from the Large Holding (L.H) zone to the General Industrial (I.2) zone. The industrial use of the land was limited to the manufacturing, processing, and storage of wood products including lumber and building materials, millwork products, plywood and veneer, poles, prefabricated and structural wood products, shingles, and wood preserving. The Agricultural Land Commission approved the proposal subject to the following conditions:

1. a fence be constructed and vegetation be planted for buffering (3 m wide) along the northern boundary of the excluded area for the purpose of limiting the mill's impact on the farm property to the north;

2. a 4.9 ha portion of an industrial zoned property located at 91 Crandlemire Road be reclaimed to a standard capable for agricultural use;

3. the zoning of the rehabilitated 4.9 ha portion of the Crandlemire Road parcel be changed from its current Industrial zone to an Agricultural zone;

4. all topsoil from the excluded land be stripped and salvaged and then utilized in the remediation of the Crandlemire Road site proposed for agricultural use;

5. financial security be posted in the form of an Irrevocable Letter of Credit for the costs associated with the proposed remediation plan.

Site Context

The properties located at 6253 and 6261 Highway 97A are located just north of the City of Enderby on the east side of Highway 97A and west side of a Canadian Pacific Railway right-of-way and the Shuswap River. The properties contain an existing sawmill which consists of several sawmill buildings, dry sheds and planer buildings, an office, a log yard, and parking areas. Both properties currently have a paved driveway apron which connects to Highway 97A.

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The owner states that, aside from a gravel parking area located near the south side of the subject properties and an area around an office building, there are no designated parking areas on the properties as parking occurs wherever it can be accommodated. In this regard, the Planning

Department notes that the parking area around the office was approved by the above noted

Development Permits whereas the parking area on the south side of the property was not approved by these Permits. The owner also states that there are no designated loading or unloading areas as this activity also occurs wherever it can be accommodated or wherever it is convenient. The remainder of the properties are used for the storage of logs and lumber.

In keeping with the above noted Development Permit which was issued in 2008 for the subject properties, trees have been planted along the west and north property lines of the subject properties. The Regional District is currently holding security associated with cost of planting these trees. The owners of the properties have been advised that the security will be returned once it has been confirmed that the trees have been planted within the boundaries of the properties and that they have been planted at 4.57 m intervals.

The 4.9 ha portion of the property located at 6314 Highway 97A adjacent to the north side of the subject sawmill properties and is used for agricultural purposes.

The attached maps show the zoning and Official Community Plan land used designations of the subject and surrounding properties. Detailed orthophotos of the properties located at 6253 and

6261 Highway 97A are also attached to this report. The following orthophoto of the subject and surrounding properties was taken in 2013.

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Proposal

The applicant proposes to expand the North Enderby Timber sawmill operations to a 4.9 ha portion of an adjacent property located at 6314 Highway 97A. The applicant also proposes to alter the existing sawmill site by constructing new buildings and additions to existing buildings.

The owners of the subject properties are also proposing to consolidate the 4.9 ha portion of the property located at 6314 Highway 97A with the existing sawmill properties. In this regard, the applicant proposes to: construct a new dry lumber storage building on the property located at

6253 Highway 97A; construct building additions to the planer and sawmill buildings located at

6261 Highway 97A; and to construct a J-bar lumber sorter building, a fire truck / mechanic building, weigh scales / weigh control building and dry kiln / dry lumber storage buildings on the

4.9 ha of the property located 6314 Highway 97A.

The applicant is requesting setback variances to reduce: the rear yard setback of the proposed dry lumber storage building from 9 m to 0.5 m; the rear and side yard setback of the proposed fire truck / mechanic building from 9 m to 7.6 m and 6 m to 5.0 m respectively; the rear yard setback of one of the property dry kiln / dry lumber storage buildings from 9 m to 7.6 m; and the side yard setback of the weigh scales control building from 6 m to 5.0 m.

Access to the proposed new lot is proposed to be gained from the existing access located on the property located at 6253 Highway 97A and a proposed new access located on the 4.9 ha portion of the property located at 6314 Highway 97A. The existing access located on the property located at 6261 is proposed to be closed. The applicant proposes to continue to use the parking areas located on the south side of the sawmill operation and on the north and south side of the existing office building. The applicant also proposes to provide parking on the north side of the access located on the expanded portion of the sawmill as well as around the proposed fire truck / mechanic building. The applicant has not provided information on the dimensions of the proposed parking areas nor on the location of the maneuvering aisles that would provide access to the parking areas (aside from the entrance to the properties). The applicant is proposing to surface the parking areas with gravel.

The owner states that there would be no designated loading or unloading areas as this activity would occur wherever it can be accommodated or wherever it is convenient.

The remainder of the properties are used for the storage of logs and lumber.

The applicant has indicated that landscaping is not proposed and that, other than logs and lumber which would be stored along the Highway 97A frontage, no screening is proposed.

The proposed 34.3 ha Remainder Lot would continue to be used for agricultural and rural purposes. Road dedication is required by the Ministry of Transportation and Infrastructure for the proposed subdivision. An existing hay storage building will be located 5.8 m from the front property line established by the proposed subdivision. The applicant is requesting a variance to the 7.5 m setback requirement associated with this building.

The applicant is requesting variances to the parking, loading, landscaping and screening requirements of the Zoning Bylaw as the proposed parking, loading, landscaping and screening plans do not comply with the standards of the Bylaw.

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ZONING BYLAW:

The subject properties located at 6253 and 6261 Highway 97A and a 4.9 ha portion of the property located at 6314 Highway 97A are zoned General Industrial (I.2). Uses permitted in the I.2 zone include retail sale of heavy equipment and machinery, service and repair including automobile wrecking and junk yards, bulk storage plants, contractors for general and heavy construction, machinery and heavy equipment repair and the manufacturing, processing, and storage of: chemical and allied products, food products, machinery and transportation equipment, metal products, non-metallic mineral products including concrete products or ready mix concrete, petroleum and coal products, synthetic fibres, wood products and uses permitted in the Light

Industrial (I.1) zone. The industrial use of the subject 4.9 ha portion of the property located at

6314 Hwy 97A is limited to the manufacturing, processing, and storage of wood products including lumber and building materials, millwork products, plywood and veneer, poles, prefabricated and structural wood products, shingles, and wood preserving.

Sections 602.9.b and 602.9.c of the Zoning Bylaw states that where the parcel abuts a lot in a rural zone, front and rear yards must have a minimum of 9 m free of all buildings and structures.

Section 602.9.d of the Zoning Bylaw states that no side yard is required except where the parcel abuts a lot in a rural zone, in which case there must be a side yard free of all buildings and structures for a minimum of 6 m.

The remainder of the property located at 6314 Highway 97A is zoned Large Holding (L.H). Uses permitted in the L.H 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.

Table 3 of Section 1601 of the Zoning Bylaw states that grain and hay storage accessory farm buildings shall be setback at least 7.5 m from a front property line.

Storage Yards

Section 602.10.i of the Zoning Bylaw states that storage areas are not permitted in the required front yard setback area. The front yard setback in this case is 9 m.

Off-Street Parking

Section 1101.1 of the Zoning Bylaw states that where any building or structure is being erected, enlarged, or increased in capacity, provisions shall be made for off-street parking on the same lot as the principal building or on a lot within 60 m thereof.

Section 1101.2.a of the Zoning Bylaw states that parking spaces shall have a clear length of not less than 6 m and a clear width of not less than 2.8 m. Section 1101.e states that every off-street parking area must be surfaced with asphaltic concrete or cement pavement. Section 1101.f states that all parking lots must be provided with curbs.

Section 1101.2.b of the Bylaw states that maneuvering aisles associated with parking stalls shall be not less than 8 m wide for all two way aisles and all right angle parking. One way aisles may be reduced to 6 m wide for 60 degree parking and 4 m for 45 degree parking and parallel parking.

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Section 1101.3 of the Zoning Bylaw states that industrial uses are required to provide 1.5 paved spaces for every 100 m

2

of gross floor area. The total floor area of the industrial portions of the buildings is 4364.25 m

2

which results in the need for 66 parking stalls. Section 1101.3 of the

Zoning Bylaw states that offices are to provide 2.8 paved spaces for every 100 m

2

of gross floor area. The total floor area of the portions of the buildings to be used as office is 695.25 m

2

which results in the need for 20 parking stalls. Section 1101.3 of the Zoning Bylaw states that 1 parking space be provided for every 2 employees associated with a warehouse use (dry lumber storage buildings, dry kilns and J-bar lumber sorter building). According to the applicant, the maximum number of warehouse employees is 130 which results in 33 required parking spaces. The total number of required parking spaces is 119.

Off-Street Loading

Section 1201.4 of the Zoning Bylaw states that for every site used for industry, 3 off-street loading spaces must be provided where the total gross floor area of buildings on the property is between

2300 m

2 and 4600 m

2

. Loading and unloading spaces must be of adequate size and have adequate access to accommodate the types of vehicles which will be loading and unloading, but in no case can be less than 9 m in length and 2.4 m in width.

Section 1201.6 of the Zoning Bylaw states that the location of all points of ingress and egress to a loading area is subject to the approval of the Ministry of Transportation and Infrastructure. The

Zoning Bylaw requires that each loading space be surfaced with asphalt, concrete or similar pavement to provide a durable dust-free surface and be graded and drained to properly dispose of all surface water. Loading areas must also be provided with curbs.

Screening and Landscaping

Section 1501.1.a.i of the Zoning Bylaw states that any part of an Industrial zoned lot used as a storage yard must be closed by screening on any side not facing upon a building on the lot, and no material may be piled to extend above such screen. The height of fences or walls and evergreen hedges used as landscape screens must be 2.5 m and 2 m respectively.

Section 1501.2.a.ii of the Zoning Bylaw requires that where any commercial or industrial development abuts a controlled access highway, a 7.5 m landscaped buffer area must be provided. Landscaping is to consist of the following:

• A grass to shrubbery ratio of 6:4 to 8:2.

• A minimum of 5% of the landscaped area must be planted in trees.

• A maximum of 15% of the area shall be planted in annuals.

Floodplain Regulations

Section 501.3.b.iii of the Zoning Bylaw states that industrial uses are exempt from Flood

Construction Level requirements provided that they are located with the top of the pad no lower than 1 m above the Natural Ground Elevation taken at any point on the perimeter of the building or no lower than the Flood Construction Level minus freeboard. Main electrical switchgear shall be no lower than the Flood Construction Level. The Zoning Bylaw Floodplain maps indicate the

Flood Construction Level of the subject properties to be 352.6 GCS Datum.

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OFFICIAL COMMUNITY PLAN:

Development Permit Area for Hazardous Conditions (Shuswap River Floodplain)

All lands within the 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 building construction. In this regard, the OCP

Guidelines recommend that a Section 219 Restrictive Covenant be required to be registered as a priority charge against the title of a property prior to the approval of a subdivision or issuance of a Building Permit. The covenant should state that all construction must meet the Floodplain

Setbacks and Flood Construction Levels as outlined in the Zoning Bylaw and that the Regional

District would be indemnified from any losses or damages caused by flooding.

Development Permit Area for Form and Character of Industrial Development

The Electoral Area “F” OCP states that all land designated as Industrial 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 subdivision, 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;

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 complement the natural setting;

6. The form and character of development and landscaping should harmonize with the natural setting and should reflect a low density form of development.

PLANNING ANALYSIS:

The applicant proposes to upgrade the existing North Enderby Timber sawmill buildings and to expand its operations to a 4.9 ha portion of the property located at 6314 Highway 97A. The subject properties are designated in the Electoral Area “F” Official Community Plan as Industrial.

Prior to approval of the proposed subdivision or issuance of Building Permits for the proposed building additions and new buildings, the issuance of a Development Permit for form and character of industrial development is therefore required. To address the above noted form and character guidelines, it is recommended that the Development Permit be issued to include conditions related to parking and loading areas, landscaping, and storage yards. To address the

OCP guidelines related to the Shuswap River floodplain, it is recommended that the Development

Permit be issued to include a requirement that a Restrictive Covenant be registered on the title of the subject property to state that all construction must meet the Floodplain Setbacks and Flood

Construction Levels as outlined in the Zoning Bylaw and save harmless the Regional District in this regard.

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With regard to the proposed variances, the Planning Department recommends that the following proposed variances not be approved:

Buffer area between ALR and non-ALR lands

The Planning Department recommends that the proposed variance to waive the requirement to provide a buffer area between the non-ALR subject properties and the ALR property to the north not be approved as the ALC has required a 3 m wide buffer along the north side of the subject properties as part of the conditional approval to exclude the lands from the ALR. The 3 m wide buffer would amount to 1.8% of the area of land that was conditionally approved to be removed from the ALR, which leaves the majority of the excluded lands to be used for the expansion of the sawmill operations.

Setback and screening of outside storage areas and landscape buffer area abutting Highway 97A

The requirements to setback and screen outside storage areas and to landscape along highway frontages are intended to maintain an attractive view of commercial and industrial uses. In this regard, the Planning Department recommends the proposed variances not be supported as:

• the owner is not proposing to install any landscaping or screening to help block or screen the view of the log and lumber storage areas from Highway 97A as well as from the properties located on the north, south and east side of the subject property. The Planning Department acknowledges the applicant’s concern that adhering to this requirement would reduce the area of land that could be used for the industrial operation. In this regard, it is suggested that reducing the landscaping, screening and setback standards rather than waiving them could provide a reasonable solution to softening the view of the industrial operations;

• the proposal is not consistent with the OCP Industrial Form and Character Guidelines which states that the form and character of development and landscaping should harmonize with the natural setting and should reflect a low density form of development;

• storing logs and lumber adjacent to the highway could create traffic hazards by obstructing the sightlines of drivers entering and exiting the subject property;

• the Ministry of Transportation and Infrastructure has expressed concerns with the past storage of materials within 4.5 m of Highway 97A right-of-way as this limits their ability to maintain the ditches along the highway adjacent to the subject property;

• through the approval of two separate Development Permit applications, the Board has previously required that trees be planted at 4.57 m intervals along Highway 97A. The Regional

District is currently holding security associated with cost of planting these trees as the owners have not confirmed that the trees have been planted within the boundaries of the properties and that they have been planted at 4.57 m intervals;

• approval of the requested variances would potentially lead to additional requests to waive the landscaping and screening requirements.

Parking and loading areas

The applicant is requesting that designated parking and loading areas and associated maneuvering aisles not be required as he feels parking and loading can be provided anywhere onsite. The Planning Department recommends that these variances not be supported as:

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• the subject property is large enough to accommodate the required number of parking and loading spaces;

• the proposed variances do not comply with the OCP Industrial Form and Character

Development Permit Guidelines which encourage vehicle parking to be located at the rear or side of buildings, to be in smaller clusters and screened from view with landscaping or natural vegetation while still maintaining sight distances for safe access and egress;

• providing designated parking and loading and associated maneuvering aisles ensures that a sufficient amount of parking and loading areas are provided for the proposed development and helps to ensure the safety of those working and driving onsite;

• approval of the requested variances would potentially lead to additional requests to waive these requirements.

The Planning Department recommends that the following proposed variances be approved:

Paving and curbing parking and loading areas

The applicant is requesting to waive the requirements to pave and curb the off-street parking and loading areas and their associated maneuvering aisles as he feels the continuous movement of large trucks makes it impractical to pave these areas which have been suitable for the current purpose. A paved apron exists on the current accesses from Highway 97A. The Planning

Department recommends that the request to waive the requirement to pave and curb the off-street parking and loading areas be supported subject to access aprons being paved to the satisfaction of the Ministry of Transportation and Infrastructure.

Building Setbacks

It is recommended that the proposed variances to vary the side yard and rear yard setbacks of the proposed new buildings as it does not appear that the proposed variances would negatively affect the use and enjoyment of the subject and surrounding properties. In this regard, it is noted that the proposal to reduce the side yard setback from 6 m to 5 m on the north side of the property would still allow for the 3 m wide buffer required by the ALC for that side of the property. It is also noted that the proposed rear yard setback variances are separated from the adjacent rural properties by the railway right-of-way and the Shuswap River.

It is noted that due to Building Code requirements that buildings may not straddle a property line.

As recommended by the Building Inspector, the consolidation of the properties would be required.

The Planning Department recommends that the setback variance associated with an existing farm building be supported as the Ministry of Transportation and Highways raises no concerns with regard to its distance from the highway and the proposed new right-of-way along the highway.

SUMMARY:

This report relates to a Development Permit with Variances application for the properties located at 6253, 6261 and 6314 Highway 97A. The applicant wishes to expand the North Enderby Timber

Sawmill operations to the 4.9 ha portion of the adjacent property located at 6314 Highway 97A and to upgrade the existing sawmill site including several buildings. The owners are also proposing to subdivide the 4.9 ha portion of the property located at 6314 Highway 97A from the remaining property which is used for agricultural purposes.

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Page 12

The proposal requires the approval of a Development Permit for Form and Character of Industrial

Development and also requires variances to the Regional District Zoning Bylaw as it would not comply with the requirements associated with: paving, curbing and designating parking and loading areas; screening and locating storage areas outside of a front yard setback area; landscaping adjacent to Highway 97A; buffering between ALR and non-ALR lands; and building setbacks.

As noted in the Planning Analysis section of this report, the Planning Department recommends that the proposed variances to waive the requirements to pave and curb parking and loading areas and to vary the setbacks associated with proposed new buildings be approved and that the proposed variances the waive the requirements to screen and to locate storage yards outside of a front yard setback area, to provide buffering between ALR and non-ALR lands and to landscape adjacent to Highway 97A not be approved. Planning also recommends that the requests to waive the requirement to designate parking and loading areas also not be approved.

Should the Board support the Planning Department recommendations, the applicant would be authorized to construct the proposed new buildings and building additions in the locations identified on the attached plans. As a condition of this approval, the applicant would be required to screen the log and lumber storage areas from Highway 97A and the properties located to the north, south, and east of the subject property. A landscape buffer would also be required along the Highway 97A frontage and along the north side of the expanded sawmill operation. The applicant would also be required to designate parking and loading areas in accordance with the requirements of the Zoning Bylaw. The parking and loading areas would not have to be paved except for the driveway aprons adjacent to Highway 97A.

REFERRAL COMMENTS:

The application was referred for comments to the following:

1. Electoral Area “F” Director

2. Electoral Area “F” Advisory Planning Commission

3. Electoral Area Advisory Committee

4. Fire Department – No comments received

5. Canadian Pacific Railway – No comments received

6. Ministry of Agriculture – No comments received

7. Building Inspection Department

The Building Inspector provided the following comments:

Due to the fire department response time and the reduced setbacks there may be some issues regarding the fire resistance ratings on some walls and a source of water for fire-fighting that is compliant with NFPA standards. These issues can be dealt with at the building permit stage but the owner may want to consult with a fire protection engineer before finalizing plans.

Buildings may not straddle a property line. Consolidation of properties would be required.

8. Ministry of Transportation and Infrastructure

The Ministry provided the following comments:

MoTI commented they have no problem with the location of the existing buildings. If any happen to be within our legislated 4.5m setback, once all is said and done, we are willing to issue setback permits. If this one in the drawing is, in fact, 5.8m away, MoTI doesn’t require anything further and has no concerns.

Page 40 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.3

Page 41 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.3

ELECTORAL AREA "F"

DEVELOPMENT PERMIT WITH VARIANCE APPLICATION

SUBJECT PROPERTY MAP

File: 15-0235-F-DP / 15-0236-F-DVP

Applicant: North Enderby Timber

Location: 6253 and 6261 Highway 97A

Page 42 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.3

ELECTORAL AREA "F"

DEVELOPMENT PERMIT WITH VARIANCE APPLICATION

ORTHOPHOTO SUBJECT PROPERTY MAP

File: 15-0235-F-DP / 15-0236-F-DVP

Applicant: North Enderby Timber

Location: 6253 and 6261 Highway 97A

Page 43 of 137

BOARD of DIRECTORS - REGULAR AGENDA

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BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.3

Page 46 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.4

REGIONAL DISTRICT OF NORTH OKANAGAN

Extract from the Minutes of a Meeting of the

Electoral Area Advisory Committee

Held on

Thursday, November 5, 2015

Development Permit with Variances Application

7905 Greenhow Road, Electoral Area “B”

Castle at Swan Lake c/o Jacqueline Brooks [File 15-0360-B-DP / 15-0361-B-DVP]

That as recommended by the Electoral Area Advisory Committee a Development Permit with Variances be issued for the property legally described as Lot B, Sections 25 and 26,

Twp 8, ODYD, Plan 34092 and located at 7905 Greenhow Road, Electoral Area “B” to vary the following Sections of Regional District of North Okanagan Zoning Bylaw No.

1888, 2003:

- Section 1401.4.j by waiving the requirement that free standing signs be placed in and co-ordinated with landscaped areas;

- Section 1401.7.a.ii by increasing the size of a free standing sign from 1.75 m2 to

11.15 m2;

- Section 1401.7.c by increasing the height of a free standing sign from 6.0 m to 9.09 m.

Page 47 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.4

REGIONAL DISTRICT of

NORTH OKANAGAN

PLANNING DEPARTMENT

INFORMATION REPORT

DEVELOPMENT PERMIT WITH VARIANCES APPLICATION

DATE: October 19, 2015

FILE NO.:

APPLICANT:

LEGAL DESCRIPTION:

P.I.D.#

15-0360-B-DP / 15-0361-B-DVP

The Castle at Swan Lake c/o Jacqueline Brooks

Lot B, Sections 25 and 26, Twp 8, ODYD, Plan 34092

003-015-611

CIVIC ADDRESS:

PROPERTY SIZE:

7905 Greenhow Road

0.92 ha (2.28 acres)

ZONING: Recreation Commercial (C.5)

O.C.P. DESIGNATION: Commercial / Development Permit Area

Install a free standing sign

PROPOSAL:

PROPOSED VARIANCES:

Landscaping, height and size of a proposed free standing sign

PLANNING DEPARTMENT RECOMMENDATION:

That upon consideration of input from adjacent landowners, a Development Permit with Variances not be issued for the property legally described as Lot B, Sections 25 and 26, Twp 8, ODYD, Plan

34092 and located at 7905 Greenhow Road, Electoral Area “B” to vary the following Sections of

Regional District of North Okanagan Zoning Bylaw No. 1888, 2003:

 Section 1401.4.j by waiving the requirement that free standing signs be placed in and coordinated with landscaped areas;

 Section 1401.7.a.ii by increasing the size of a free standing sign from 1.75 m

2

to 11.15 m

2

;

 Section 1401.7.c by increasing the height of a free standing sign from 6.0 m to 9.09 m.

BACKGROUND:

This report relates to an application for a Development Permit with Variances for the property located at 7905 Greenhow Road, Electoral Area “B”. The property contains a hotel (Castle at

Swan Lake). The applicant is proposing to install a free standing sign. Prior to issuance of a sign permit, the proposed sign requires the issuance of a Development Permit for the Form and

Character of Commercial Development in accordance with requirements of Electoral Areas “B” and “C” Official Community Plan. Variances to the Regional District Zoning Bylaw have also been requested in order to increase the sign area and height of a free standing sign and to waive the requirement that landscaping be provided in the area surrounding the sign.

Page 48 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.4

Development Permit with Variance Application

15-0360-B-DP / 15-0361-B-DVP (Castle at Swan Lake c/o Jacqueline Brooks) Page 2

Site Context

The subject property is located on the east side of Greenhow Road and Highway 97. The property slopes up from Greenhow Road. The property is used for hotel accommodations (Castle at Swan

Lake). The 44 unit hotel is comprised of two principle buildings located on the west half of the property. A pool is located between the two buildings. A manager’s residence is located behind the hotel buildings.

Access to the hotel buildings is gained from a driveway which connects to Greenhow Road in the northwest corner of the property. Access to manager’s residence and the upper portion of the subject property is gained via an easement driveway through the properties to the south. Parking is located in front of the west hotel building and is located on the property to the north through an easement agreement.

Four wall signs are located on the west walls of the west hotel building located adjacent to

Greenhow Road. An additional wall sign is located on the north wall of the east hotel building.

The subject property and the adjacent property to the north are zoned as Recreation Commercial

(C.5) and are designated as Commercial in the Electoral Areas “B” and “C” Official Community

Plan. The properties to the west (across Highway 97) are zoned Highway and Tourist Commercial

(C.2) and are designated as Commercial in the OCP. The properties located to the south/south east are zoned Country Residential and are designated as Commercial in the OCP. The following orthophoto of the subject and surrounding properties was taken in 2013.

Page 49 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.4

Development Permit with Variance Application

15-0360-B-DP / 15-0361-B-DVP (Castle at Swan Lake c/o Jacqueline Brooks) Page 3

The Proposal

The applicant is proposing to install a free standing sign. The sign area is proposed to be 4.57 m wide by 2.45 m high (11.15 m

2

) and to be supported by a 4.26 m high mast. The sign is proposed to be installed on a concrete pad which is located on top of a 2.39 m high retaining wall near the south west corner of the west hotel building. The total sign height from the base of the retaining wall is proposed to be 9.09 m. Variances to the Regional District Zoning Bylaw are requested in order to increase the maximum sign area and height of a free standing sign and to waive the requirement that the free standing sign be located within a landscaped area. The applicant has indicated the proposed variances to the sign area and height are necessary as the property does not have good highway visibility and they would like to give patrons good advanced warning to the location. The posted speed limit for Highway 97 adjacent to the subject property is 90 km/h.

ZONING BYLAW:

The subject property is zoned Recreation Commercial (C.5). 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.

Section 1401.4.d.iii of the Zoning Bylaw states that there shall be no more than one sign on a parcel of land except that a commercial or industrial use in the Commercial or Industrial Zones shall be permitted one additional free-standing sign where the lot frontage exceeds 100 m. The subject property has a lot frontage of 91.0 m.

Section 1401.4.f.i of the Zoning Bylaw states that the setback of free standing signs from all property lines shall be not less than 1.0 m.

Section 1401.4.j of the Zoning Bylaw states that free standing signs shall be placed in and coordinated with the landscaped areas of the parcel.

Section 1401.7.a of the Zoning Bylaw states that within the C.5 zone, the size of a free standing sign shall not be greater than 0.093 m

2

for each linear 0.3 m of total public road frontage to a maximum sign area for all free standing signs of 12.0 m

2

. The maximum sign area for any one sign shall be not greater than 3.5 m

2

. Section 1401.7.b of the Zoning Bylaw further states that the maximum sign area for a free standing sign over 3.0 m in height shall have a sign area reduced to 50% of the maximum as calculated in Section 1401.7.a (1.75 m

2

).

Section 1401.7.c of the Zoning Bylaw states that within the Recreation Commercial (C.5) Zone, the height of a free standing sign shall be a maximum of 6.0 m.

Section 1401.4.d.iv of the Zoning Bylaw states that the number of wall signs on a building in a commercial zone shall not be restricted. Sections 1401.5 and 1401.7 of the Bylaw states that the maximum sign area for walls signs on a building in a commercial zone shall be not greater than the square root of the total wall area x 10.

Page 50 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.4

Development Permit with Variance Application

15-0360-B-DP / 15-0361-B-DVP (Castle at Swan Lake c/o Jacqueline Brooks) Page 4

OFFICIAL COMMUNITY PLAN:

The Electoral Areas “B” and “C” 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 commercial development. Free standing signs must obtain a Development Permit as a condition precedent to the issuance of a Sign Permit. The OCP states that guidelines for signs in the

Commercial Development Permit Areas are provided due to the visual sensitivity of the areas in general (e.g. Highway 97 corridor, Swan Lake, orchard slopes, entrance route to the City of

Vernon). The following guidelines are provided to supplement the requirements of the Zoning

Bylaw and are applicable to signs in Electoral Areas “B” & “C”:

1. Signs should complement the architecture, material and finish of the buildings they advertise;

2. The placement of private signage should be discouraged: on property other than that which the business or use is resident; within the highway corridor; within the railway corridor; within or facing Pleasant Valley Road, unless the business or use fronts on Pleasant Valley Road; and on any lands designated rural or open space;

3. The development and use of the following shall be prohibited: billboards; roof-top signs; highmast signs; portable or wheel-mounts signs; signs with temporal lettering capability (e.g. electric lights, magnetic, stick-on, and channel lettering), except within the Swan Lake

Commercial Corridor; encourage the development and placement of directional logo signage that serves all business and uses which share common land use designations. The intent is to raise the profile of an area and identify it as a destination where goods and services are available.

PLANNING ANALYSIS:

The Planning Department recommends that the proposed size and height variances associated with the subject free standing sign not be approved. The rationale behind this recommendation is based on the following:

 the proposed sign is substantially larger than what the Zoning Bylaw permits. In this regard, it is noted that the area of the sign is 9.4 m 2 or 637% larger than what is permitted for freestanding signs over 3 m in height and 7.65 m 2 or 318% larger than what is permitted for signs under 3 m in height;

 the proposed sign is substantially taller than what the Zoning Bylaw permits. In this regard, it is noted that the height of the sign (from the base of the retaining wall which the sign would be placed upon) is 3.09 m or 151% taller than what is permitted for free standing signs;

 approval of the proposed sign may set a precedence that would lead other property owners to request the Regional District’s approval of similar signs on their property.

The Planning Department acknowledges that the view of signs on the subject property from

Highway 97 is limited due to the elevation difference and distance of the property from the highway and that allowing a free-standing sign which exceeds the size and/or height restrictions of the

Zoning Bylaw may help to improve the visibility of such a sign from the highway. In this regard, the Planning Department would be prepared to recommend that a larger and/or taller freestanding sign be approved provided the size and/or height of the sign did not exceed the Zoning

Bylaw restrictions to the degree of which is proposed. The Planning Department would also be prepared to recommend that the landscaping requirements associated with free-standing signs be waived in this particular case as the area which the sign is proposed to be placed is not visible from Greenhow Road due to the elevation difference and distance between the area and the road.

Page 51 of 137

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November 18, 2015 - Item E.4

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November 18, 2015 - Item E.4

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BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.5

REGIONAL DISTRICT of

NORTH OKANAGAN

REPORT

File No.: 3900/2670

Electoral Area Advisory Committee TO:

DATE: October 20, 2015

SUBJECT

:

Building Bylaw No. 2670, 2015

RECOMMENDATION:

That it be recommended to the Board of Directors, Building Bylaw No. 2670, 2015, be given Second

Reading as amended; and further,

That Building Bylaw No. 2670, 2015 be given Third Reading; and further,

That Building Bylaw No. 2670, 2015 be Adopted.

DISCUSSION:

With the member municipalities withdrawing from the Building Inspection Service effective December

31, 2015, there is a need for amendments to the current RDNO Building Bylaw. In addition, several changes to Provincial legislation and other RDNO bylaws have occurred since the Building Bylaw was last reviewed in 2002/2003. There are also changes recommended as a result of the Building

Department Review Project conducted in 2011 and the Service Review Committee in 2012/2013. A number of changes were introduced to the existing Building Bylaw No. 1747, 2003 at the May 7, 2015

Electoral Area Advisory Committee meeting. First Reading was given to Building Bylaw No. 2670, 2015 at the May 20, 2015 Board of Directors meeting.

Referrals

As a result of the May 20, 2015 Board of Directors resolution, the new Building Bylaw was referred to legal counsel, internal departments and outside agencies involved in the construction industry including:

 Electoral Area Advisory Planning Commissions;

 BC Assessment Authority

 BC Construction Association

 BC

 Building and Safety Standards Branch, Office of Housing and Construction Standards – Ministry of Natural Gas Development and Responsible for Housing

 Canada Mortgage and Housing Corporation

 Home Warranty providers

Protection

 Interior Health Authority truss

 Ministry of Transportation and Infrastructure

 Municipal Insurance Association

 Regional Agricultural Advisory Committee

Page 56 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.5

Building Bylaw No. 2670, 2015

Report to Electoral Area Advisory Committee – October 20, 2015 Page 2

Few comments were received in response to the referral of the new Building Bylaw No. 2670, 2015

 HPO – Homeowner Protection Office (the "HPO") is in support of mandatory inspection to include all rural areas in the Regional District as the partnership between permit authorities and the HPO has a proven track record of increasing consumer protection for owners of new homes.

 IHA – recommend Section 608(1) include wording to the effect that in situations with onsite sewage disposal systems provided that the sewage flows from the building will not increase as a result of the addition or alterations to the building, a Sewage Disposal Permit is not required.

 IHA – suggest the wording of Section 808(2)(b) include the requirement to provide a Letter of

Certification (LOC) from the Authorized Person who submitted the Record of Sewerage System for the SDS. An LOC would be a better indication of a compliant system having been installed than the initial Record of Sewerage System filing documents

 RAAC – The provision for Authorizations to Construct in Electoral Areas “D” and “E” for agricultural and accessory buildings remain in the Building Bylaw.

Amendments

After reviewing the bylaw again at a staff level and based on feedback received through the referral process, the following list indicates the amendments proposed at Second Reading of Building Bylaw

No. 2670, 2015:

 Add as an exemption (as an alternative to Authorizations to Construct) accessory and agricultural buildings located in rural zones within Electoral Areas “D” or “E”, are between 55 m

2 and 185 m

2

in size, are no higher than one storey (6 metres) in height, do not contain plumbing and meet the requirements of the Regional District Zoning Bylaw;

 Remove a few definitions listed as part of the BC Building Code; 

 Add a definition for park model recreational unit; 

 Add a definition for rural zone [S.H., C.R., N.U, L.H] (for the exempted buildings smaller than

55m

2

);

 Amend Section 608(1) to reflect that if an addition or alteration will generate more sewage, a

Sewage Disposal Permit is required;

 Amend reference to Letters of Assurance in the form of Schedules B-1 and B-2 to Schedule B as per the BC Building Code;

 Add a clarification sentence to Sections 803(1) and 803(3) regarding the use of Registered

Professionals; and,

 Reorganize order of inspections and add items to be completed prior to framing inspection as per direction from Building Department staff.

New Building Act

The Building Act received Royal Assent on March 25, 2015. This represents a significant milestone in modernizing B.C.’s building regulatory system. The Building Act introduces three main changes to

B.C.’s building regulatory system:

 Consistency: Establishes the Province as the sole authority to set building requirements. The objective is to create more consistent building requirements across B.C., while still providing local governments with flexibility to meet their needs.

 Competency: Establishes qualification requirements for building officials to improve consistency in how the B.C. Building Code is interpreted, applied and enforced.

 Innovation: Supports local governments and other local authorities through the implementation of a provincial review process to evaluate innovative building proposals.

Page 57 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.5

Building Bylaw No. 2670, 2015

Report to Electoral Area Advisory Committee – October 20, 2015 Page 3

The act will be brought into force over time. Fundamental sections of the act came into effect in

September 2015. The main changes will take effect over two to four years to give everyone time to adjust.

The anticipated timeline for these changes is as follows:

Change

Consistency

1

: Limits on local government authority to set building requirements

Description Timeline

If local governments have any existing building requirements in their bylaws that go beyond the BC

Building Code, they will need to eliminate them. Local governments will have two years to amend their bylaws, once these sections of the act take effect.

Two-year transition period not to start before late 2015

Competency:

Qualification requirements for building officials

Building officials will have a total of four years to meet the qualification requirements, once these sections of the act take effect.

Four-year transition period not to start before early

2016

Innovation: Provincial evaluation of innovative building proposals

The Province will establish a review process to accept and evaluate innovative building proposals received from individuals.

As part of support for innovation, the Building Code

Appeal Board will accept more complex appeals.

No transition periods for these changes

Innovative proposal submissions not anticipated to be accepted before late

2016

Review of complex appeals by the Building Code

Appeal Board not anticipated to start before late 2016

The first sections of the new Building Act that came into effect in September 2015 are fundamental and administrative in nature and do not result in any immediate changes for any stakeholders affected by the act, including local governments, building officials and those working in the building construction industry.

Among other administrative and legislative matters, these sections bring into force:

The definitions in the act;

The Minister’s authority to set building regulations (as this authority is being removed from the

Local Government Act);

Local authorities’ powers to (continue to) administer and enforce provincial building regulations;

The Minister’s authority to enter into an administrative agreement with an external organization to administer the qualification requirements for building officials; and

The continuation of the Building Code Appeal Board under the act.

SUMMARY:

With the member municipalities withdrawing from the Building Inspection Service effective December

31, 2015, there is a need for a restructure of the current RDNO Building Bylaw before then.

Amendments have been made to Building Bylaw No. 2670, 2015 since First Reading was given May

20, 2015. It is recommended that Second Reading be given as amended, followed by Third Reading and Adoption.

1 consistency limits.

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.5

Page 59 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.5

REGIONAL DISTRICT OF NORTH OKANAGAN

BUILDING BYLAW NO. 2670, 2015

Page 60 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.5

TABLE OF CONTENTS

SECTION ONE – SCOPE AND APPLICABILITY ....................................................................... 5

101 Citation ................................................................................................................. 5

102 Schedules ............................................................................................................ 5

103 Purpose of Bylaw ................................................................................................. 5

104 Permit Conditions ................................................................................................. 6

105 Scope and General Exemptions ........................................................................... 6

SECTION TWO – INTERPRETATION ........................................................................................ 8

SECTION THREE – PROHIBITION AND ENFORCEMENT ..................................................... 12

301 Prohibitions ........................................................................................................ 12

302 General Penalties .............................................................................................. 12

303 ‘Stop Work Order’ Notice ................................................................................... 13

304 ‘Do Not Occupy’ Notice ...................................................................................... 13

305 Notice on Title .................................................................................................... 13

SECTION FOUR – BUILDING OFFICIALS .............................................................................. 14

SECTION FIVE – RESPONSIBILITIES OF THE OWNER ........................................................ 15

SECTION SIX – GENERAL PROVISIONS FOR BUILDING PERMIT APPLICATIONS ........... 16

601 General Provisions ............................................................................................. 16

602 Application Exemptions ...................................................................................... 16

603 Manufactured Homes ......................................................................................... 17

604 Professional Design and Field Review ............................................................... 17

605 Climate Data ...................................................................................................... 18

606 Water Meters ..................................................................................................... 18

607 Evidence of Potable Water Supply ..................................................................... 18

608 Sewage Disposal ............................................................................................... 20

609 Construction Plans ............................................................................................. 20

610 Roof and Foundation Drainage Plan .................................................................. 21

611 Snow Shed Design Plan .................................................................................... 21

612 Site Plan ............................................................................................................ 22

613 Survey Certificate Required ............................................................................... 22

SECTION SEVEN – SPECIFIC PROVISIONS FOR BUILDING PERMIT

APPLICATIONS ............................................................................................................ 24

701 Application for a Simple Building or a Structure ................................................. 24

702 Specific Requirements for Structures ................................................................. 24

703 Application for a Complex Building ..................................................................... 25

SECTION EIGHT – BUILDING AND OCCUPANCY PERMITS ................................................ 26

801 Building Permit ................................................................................................... 26

802 Building Permit Fees .......................................................................................... 26

803 Professional Plan Certification and Permit ......................................................... 27

804 Phased Building Permit ...................................................................................... 27

805 Building Permit Expired ...................................................................................... 27

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806 Building Permit Revoked .................................................................................... 28

807 Building Permit Renewal .................................................................................... 28

808 Occupancy Permit Required .............................................................................. 28

809 Provisional Occupancy Permit ........................................................................... 29

SECTION NINE – BUILDING INSPECTIONS........................................................................... 30

901 Complex Buildings ............................................................................................. 30

902 Simple Buildings or Structures ........................................................................... 30

903 Inspections Required ......................................................................................... 30

SECTION TEN – DEMOLITION PERMIT AND APPLICATION ................................................ 32

1001

Application ......................................................................................................... 32

1002

Exemptions ........................................................................................................ 32

1003

Demolition Permit ............................................................................................... 32

1004

Demolition Deposit ............................................................................................. 32

SECTION ELEVEN – MOVING PERMIT AND APPLICATION ................................................. 34

1101

Application ......................................................................................................... 34

1102

Exceptions ......................................................................................................... 34

1103

Moving Permit .................................................................................................... 34

1104

Moving Deposit .................................................................................................. 35

SECTION TWELVE – BYLAW REPEAL, READINGS, AND ADOPTION ................................ 36

1201

Repeal ............................................................................................................... 36

1202

Effective Date .................................................................................................... 36

1203

Severability ........................................................................................................ 36

SCHEDULE “A” TO BYLAW NO. 2670, 2015 – FEES AND CHARGES ................................. 37

SCHEDULE “B” TO BYLAW NO. 2670, 2015 – CLIMATE VALUES ...................................... 39

SCHEDULE “C” TO BYLAW NO. 2670, 2015 – BUILDING PERMIT FEES

SURCHARGE AREA .................................................................................................... 40

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SECTION ONE – SCOPE AND APPLICABILITY

WHEREAS the Regional District of North Okanagan is desirous to implement a new bylaw to regulate building inspection services in the Regional District.

AND WHEREAS the Regional District of North Okanagan by "Building Inspection Extended

Service Establishment Bylaw No. 842, 1989" established the service of building inspection within

Electoral Areas “B”, “C”, “D”, “E” and “F” as participating areas.

AND WHEREAS Part 21 of the Local Government Act authorizes the Regional District of North

Okanagan, for the health, safety and protection of persons and property, to by bylaw, establish regulations for a building inspection service and other related regulations.

AND WHEREAS the Province of British Columbia has adopted a Building Code to govern standards with respect to the construction, alteration, repair and demolition of buildings in municipalities and regional districts.

AND WHEREAS it is deemed necessary to provide for the administration of the Building Code.

NOW THEREFORE the Board of the Regional District of North Okanagan in an open meeting assembled ENACTS AS FOLLOWS:

101

CITATION

This Bylaw may be cited as “Regional District of North Okanagan Building Bylaw No.

2670, 2015”.

102

SCHEDULES

The following schedules are attached to and form part of this bylaw:

Schedule “A” Fees and Charges

Schedule “B” Climate Values

Schedule “C” Surcharge Area

103 PURPOSE OF BYLAW

1. This Bylaw shall, notwithstanding any other provision herein, be interpreted in accordance with Section 103.2.

2. This Bylaw is enacted and retained for the purpose of regulating construction in the general public interest within the area where this Bylaw has force and effect. The activities undertaken by or on behalf of the Regional District pursuant to this Bylaw are for the sole purpose of providing a limited spot check for health, safety and the protection of persons and property. The purpose of this Bylaw does not include: a. the protection of owners, owner/builders or constructors from economic loss; b. the assumption by the Regional District of any responsibility for ensuring the compliance by any owners, his or her representatives or any employees, constructors or designers retained by him or her, with the Building Code, the requirements of this Bylaw or any other applicable codes or standards;

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Page 6 c. providing any person a warranty of design or workmanship with respect to any building or structure for which a permit is issued under this Bylaw; or d. providing a warranty or assurance that construction undertaken pursuant to building permits issued by the Regional District is free from latent, or any other defects.

104 PERMIT CONDITIONS

1. A permit is required whenever work regulated under this Bylaw is to be undertaken.

2. Neither the issuance of a permit under this Bylaw nor the acceptance or review of plans, drawings or specifications or supporting documents, nor any inspections made by or on behalf of the Regional District shall in any way relieve the owner or his or her representative from full and sole responsibility to perform the work in strict accordance with the Building Code, this Bylaw and all other codes, standards and applicable enactments.

3. It shall be the full and sole responsibility of the owner, and where the owner is acting through a representative, the representative, to carry out the work in respect of which the permit was issued in compliance with the Building Code, this Bylaw and all other applicable codes, standards and enactments.

4. Neither the issuance of a permit under this Bylaw nor the acceptance or review of plans, drawings or specifications or supporting documents, nor any inspections made by or on behalf of the Regional District constitute in any way a representation, warranty, assurance or statement that the Building Code, this Bylaw or any other applicable codes, standards or enactments have been complied with.

105 SCOPE AND GENERAL EXEMPTIONS

1. This Bylaw applies to the design, construction and occupancy of new buildings and structures; the alteration, reconstruction, demolition, removal, relocation and occupancy of existing buildings and structures; and the installation of plumbing works.

2. As a general exemption to all regulations of this Bylaw, this Bylaw does not apply to: a. buildings or structures exempted by Part 1 of the Building Code except as expressly provided herein; b. accessory buildings less than 10 square metres in building area that do not create a hazard, on the condition that the building is sited in accordance with the Regional

District Zoning Bylaw; c. accessory and agricultural buildings located in rural zones, are less than 55 m

2 in size, are no higher than one storey (6 metres) in height, do not contain plumbing and meet the requirements of the Regional District Zoning Bylaw; d. accessory and agricultural buildings located in rural zones within Electoral Areas

“D” or “E”, are between 55 m

2

and 185 m

2

in size, are no higher than one storey (6 metres) in height, do not contain plumbing and meet the requirements of the

Regional District Zoning Bylaw; e. retaining structures 1.2 metres in height or less; f. fences; g. non-structural repairs or alterations to a building or structure or the repair or replacement of plumbing works; h. bridges, except pedestrian and vehicle bridges attached to buildings;

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SECTION ONE – SCOPE AND APPLICABILITY

i. docks or wharves, except where a building is constructed on a dock or wharf; j. deck additions, except a deck where the difference in elevation between the deck surface and the ground surface at any point is 0.6 metres or more and on the condition that the deck is sited in accordance with the Zoning Bylaw; k. greenhouses or other similar structures covered by a polyethylene film and intended to be used only for storage purposes or the production of agricultural products; on the condition that the structure is sited, and the uses are in accordance with the Regional District Zoning Bylaw; l. travel trailers and similar recreational vehicles within a commercial campground as designated by the Regional District; m. site services within a manufactured home park or a commercial campground as designated by the Regional District; nor n. site services for a bare land strata development under the Strata Property Act.

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Page 8

SECTION TWO – INTERPRETATION

In this Bylaw the following words and terms have the meanings as set out in the BC Building

Code:

- alteration

- basement

- building area

- business and personal services occupancy

- care occupancy

-

-

-

- assembly occupancy building building height chimney

-

-

- field review

- foundation

-

-

- constructor designer high hazard industrial occupancy low hazard industrial occupancy medium hazard industrial occupancy

- coordinating registered professional

- dwelling unit

- grade

-

- industrial occupancy major occupancy

- mercantile occupancy

-

- storey

- occupancy

- residential occupancy

In this bylaw, unless the context otherwise requires:

AGRICULTURAL BUILDING means a building or structure, the use or intended use of which is agricultural and specifically includes providing for the growing, rearing, producing, and harvesting of agricultural products; includes the preliminary grading of such products for shipment, and specifically includes riding stables, dog kennels, nurseries, greenhouses, and the keeping of pigeons, doves, or other animal or birds of the like kind, feed lots, fish farms, piggeries, mushroom growing, and the keeping of bees, horses, sheep, goats, dairy cows, fur bearing animals, rabbits, poultry or other animals or birds of like kind.

BUILDING CODE means "The British Columbia Building Code" as adopted by the Minister pursuant to Section 692 of the Local Government Act, as amended or re-enacted from time to time.

BUILDING OFFICIAL includes the Chief Building Inspector, Building Inspectors, Plan Checkers and Building Technicians retained by the Regional District.

CHIEF ADMINISTRATIVE OFFICER means that person retained by the Regional District in that position.

CISTERN SYSTEM means a private water system consisting of facilities for the storage and distribution of potable water which is supplied by the collection and treatment of surface, groundwater or delivered water and includes all tanks, reservoirs, pipes, pumps, power supplies and mechanical and plumbing components of such a water system.

CIVIC USE means a use as may be defined by the Regional District Zoning Bylaw.

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CLASS OF OCCUPANCY means the major occupancy group for which a building or part thereof is used or intended to be used according to the classification set out in the Building Code.

COMMUNITY SANITARY SEWAGE SYSTEM means a system of works which is established and operated in accordance with provincial legislation and regulations that may apply, for the collection, treatment and disposal of sanitary sewage.

COMMUNITY WATER SYSTEM means a system of works, which is established and operated in accordance with provincial legislation and regulations that may apply, for the provision of water to more than one single family residence, and which is owned, operated and maintained by the

Regional District, a Strata Corporation, Improvement District, Irrigation District, Water Utility,

Water Users’ Community, or other body.

COMPLEX BUILDING means those buildings to which Part 3 of the Building Code applies and specifically includes: a. all buildings used for major occupancies classified as: i. assembly occupancies; ii. care or detention occupancies; and iii. high hazard industrial occupancies. b. all buildings exceeding 600 square metres in building area or exceeding three storeys in building height used for major occupancies classified as: i. residential occupancies; ii. business and personal services occupancies; iii. mercantile occupancies; and iv. medium and low hazard industrial occupancies.

CONSTRUCTION VALUE means the total cost of a proposed building or structure determined from an executed construction contract or an estimated value of the building or structure established by the Building Official in the absence of a contract.

FLOOR AREA means the space on any story of a building between the exterior walls including the space occupied by interior walls and partitions, but not including the floor area of basements, attached garages, sheds, open porches, or breezeways.

HEALTH AND SAFETY ASPECTS OF THE WORK means design and construction regulated by

Part 3, Part 4, and sections 9.4, 9.8, 9.9, 9.10, 9.12, 9.14, 9.15, 9.17, 9.18, 9.20, 9.21, 9.22,

9.23, 9.24, 9.31, 9.32, and 9.34 of Part 9 of the Building Code.

HOLDING TANK SEWAGE DISPOSAL PERMIT means a permit issued pursuant to the Regional

District of North Okanagan Holding Tank Sewage Disposal Bylaw No. 671, 1985.

OFFICIAL COMMUNITY PLAN means a bylaw adopted pursuant to Section 876 of the Local

Government Act by the Regional District.

PARK MODEL RECREATION UNIT means a recreational vehicle designed 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 square metres (538.2 square feet) when in the setup mode, and has a width greater than 2.6 metres (8.5 feet) and less than 4.42 metres (14.5 feet) in the transit mode. A park model recreational vehicle must

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Page 10 conform to CAN/CSA-Z241 Series Standard (dated 1992 or later) and is not a trailer as defined by this bylaw.

REGIONAL DISTRICT means the Regional District of North Okanagan as described in its Letters

Patent and amendments thereto but shall not include incorporated municipalities.

REGISTERED PROFESSIONAL means: a. a person who is registered or licensed to practice as an architect under the Architects Act and has experience in the practice of architecture; or b. a person who is registered or licensed to practice as a professional engineer under the

Engineers and Geoscientists Act and has experience in the relevant branch of engineering

or geoscience.

RE-INSPECTION means any additional inspection required as a result of faulty or deficient work, work not completed or work covered-up prior to inspection.

REPRESENTATIVE means a person authorized by a property owner to represent the owner where permitted by this Bylaw.

RETAINING STRUCTURE means a structure that is subject to lateral earth pressure, is laterally unsupported at the top and retains more than 1.2 metres of soil material measured as the difference between the finished grade at the top and bottom of the structure.

RURAL ZONE means the Small Holding [S.H], Country Residential [C.R], Non-Urban [N.U] and

Large Holding [L.H] Zones of the Regional District of North Okanagan Zoning Bylaw.

SIGN means a structure that is subject to a regulatory bylaw in respect of signs enacted by a

Regional District.

SILVER STAR MOUNTAIN means those properties within the Plan Boundary as outlined in the

Silver Star Official Community Plan Bylaw No. 1925, 2004 as amended or re-enacted from

time to time.

SIMPLE BUILDING means those buildings to which Part 9 of the Building Code applies; being buildings of three storeys or less in building height, having a building area not exceeding 600 square metres and used for major occupancies classified as: a. residential occupancies; b. business and personal services occupancies; c. mercantile occupancies; or d. medium and low hazard industrial occupancies.

SPECIAL INSPECTION means an inspection not listed in Section 903.2 including inspection of a building site, a building to be moved, an existing building for the purpose of change in occupancy classification or where a permit has expired.

STRUCTURE means constructed works of any kind, whether fixed to, supported by or sunk into land or water; but specifically excludes landscaping, fences, flag poles, patios, paving and retaining structures 1.2 metres in height or less.

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SWIMMING POOL means any constructed or pre-fabricated structure for holding water for the purpose of bathing or swimming having a surface area of more than 15.0 square metres and a depth of more than 0.5 metres.

ZONING BYLAW means a bylaw adopted by the Regional District pursuant to Section 903 of the

Local Government Act.

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SECTION THREE – PROHIBITION AND ENFORCEMENT

301 PROHIBITIONS

1. No person shall commence or continue any construction, alteration, reconstruction, demolition, removal or relocation of any building or structure, or other work related to construction, unless a Building Official has issued a permit for the work as outlined in this Bylaw.

2. No person shall install a manufactured home or park model recreational unit unless a

Building Official has issued a permit for the work as outlined in this Bylaw.

3. No person shall change the Class of Occupancy of an existing building contrary to this

Bylaw, the Building Code, the Local Government Act or any other applicable bylaw or

Provincial statute unless a Building Official has issued a permit for the change as outlined in this Bylaw.

4. No person shall move a building or structure unless a Building Official has issued a permit for the moving of the building or structure as outlined in this Bylaw.

5. No person shall demolish a building or structure unless a Building Official has issued a permit for the demolition as outlined in this Bylaw.

6. No person shall erect a sign structure unless a Building Official has issued a permit for the sign structure as outlined in this Bylaw.

7. No person shall submit any false or misleading information in an application for a permit or in regards to any other submissions as outlined in this Bylaw.

8. No person shall do any work that is at variance with the approved design, plans or specifications of a building, structure or other works for which a permit has been issued unless that variance has been approved in writing by a Building Official.

9. No person shall occupy or use any building or structure unless an Occupancy Permit or Provisional Occupancy Permit has been issued by a Building Official for the building or structure.

10. No person shall occupy or use any building or structure contrary to the terms of any permit issued or any notice given by a Building Official.

11. No person shall, unless authorized in writing by a Building Official, reverse, alter, deface, cover, remove or in any way tamper with any notice, permit, or certificate posted upon or affixed to a building or structure pursuant to this Bylaw.

12. No person shall obstruct the entry of a Building Official or other authorized official of the Regional District on property in the administration and enforcement of this Bylaw.

302

GENERAL PENALTIES

1. Every person who contravenes any provision of this Bylaw commits an offence punishable on summary conviction and shall be liable to a fine of not more than

$10,000.00 or to imprisonment for not more than six months.

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Page 13

2. Each day during which a violation is continued shall be deemed to constitute a new and separate violation.

303 ‘STOP WORK ORDER’ NOTICE

1. A Building Official may order cessation of any work that is proceeding in contravention of the Building Code, this Bylaw or a permit issued pursuant to this Bylaw by posting a ‘Stop Work Order’ notice in the form provided by the Regional District.

2. The owner of property on which a ‘Stop Work Order’ notice has been posted, and every other person, shall cease all construction work immediately and shall not do any work other than work expressly authorized or required by the Building Official, until all applicable provisions of this Bylaw have been complied with and the ‘Stop Work Order’ notice has been rescinded by a Building Official.

3. Every owner who commences work requiring a permit without first obtaining such a permit shall, if a ‘Stop Work Order’ notice is issued, pay a penalty equal to double the permit fee for construction valued up to $1,000,000 (one million dollars), such penalty not to exceed $1,500 (one thousand five hundred dollars) and 15% (fifteen percent) of the Building Permit fee for construction valued at $1,000,000 (one million dollars) or more, such penalty not to exceed $15,000 (fifteen thousand dollars) prior to obtaining the required permit. Construction work shall be deemed to have commenced when: a. concrete pouring or other foundation work related to construction has begun; b. a building or manufactured home has been moved onto its new location; c. a concrete slab, which is intended to be part of a building or structure, has been poured; or d. equivalent work is in place when other building systems are used.

304 ‘DO NOT OCCUPY’ NOTICE

1. Where a person occupies a building or structure or part of a building or structure in contravention of this Bylaw a Building Official may post a ‘Do Not Occupy’ notice in the form provided by the Regional District on the affected part of the building or structure.

2. The owner of property on which a ‘Do Not Occupy’ notice has been posted, and every other person, shall cease occupancy of the building or structure immediately and shall refrain from further occupancy until all applicable provisions of this Bylaw have been complied with and the ‘Do Not Occupy’ notice has been rescinded by a Building

Official.

305 NOTICE ON TITLE

1. Upon payment of the Administrative Charge as specified in Schedule “A” to this Bylaw, an owner of land with respect to which a ‘Notice on Title’ has been filed pursuant to

Section 57 of the Community Charter may apply to the Building Inspection Department for a report concerning the cancellation of the Notice as provided in Section 58 of the

Community Charter.

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Page 14

SECTION FOUR – BUILDING OFFICIALS

401

The Chief Administrative Officer and the Chief Building Inspector shall administer this

Bylaw.

402

Building Officials:

1. shall keep records of any applications; permits, and notices issued; inspections and tests made; and shall retain copies of all documents related to the administration of this Bylaw for a period as may be established by Regional District policy from time to time;

2. may, if requested to do so and upon payment of the Evaluation Fee specified in

Schedule “A” to this Bylaw, review evidence to consider whether new or alternative types of materials, products or methods of construction used in the construction of a building or structure substantially conform to the requirements of the Building Code;

3. may undertake an equivalency evaluation to determine the suitability and if appropriate, approve the use of equivalent materials, appliances, systems, equipment, methods of design and construction procedures under the terms and conditions as specified in the Building Code;

4. may determine the compliance of an application with this Bylaw, the Building Code, the Local Government Act or any other applicable bylaw enacted by the Regional

District or Provincial statute;

5. may enter any land, building or premises at any reasonable time for the purpose of ascertaining that the terms of this Bylaw are being observed;

6. shall, where any residence is occupied, obtain the consent of the occupant or provide written notice to the occupant 24 hours in advance of entry;

7. shall carry credentials confirming his or her status as a Building Official;

8. may order the correction of any work that is being or has been done in contravention of the Building Code, this Bylaw or any permit issued pursuant to this Bylaw; and

9. may issue or refuse to issue a permit, notice or certificate as outlined in this Bylaw; under terms as outlined in this Bylaw, the Building Code, the Local Government Act or any other applicable bylaw enacted by a Regional District or Provincial statute.

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Page 15

SECTION FIVE – RESPONSIBILITIES OF THE OWNER

501

Every owner:

1. shall ensure that all work in respect of which a permit has been issued complies with the permit, the Building Code, this Bylaw and all other applicable codes, standards and enactments respecting safety;

2. to whom a permit is issued pursuant to this Bylaw, shall be responsible for the cost of repair of any damage to public works or public property that occurs in the course of construction works;

3. shall allow a Building Official to enter the property at any reasonable time or times for the purpose of administering or enforcing this Bylaw;

4. shall immediately stop work on a building or structure in respect to which a Building

Official has posted a ‘Stop Work Order’ notice;

5. shall obtain from a Building Official written permission to resume construction that has been suspended by a ‘Stop Work Order’ notice;

6. shall immediately vacate the building or portion of a building in respect to which a

Building Official has posted a ‘Do Not Occupy’ notice;

7. shall obtain from a Building Official written permission to resume occupancy of a building after the issuance of a ‘Do Not Occupy’ notice;

8. before the commencement of any on-site construction work, shall obtain: a. a permit as specified in Sections 601.1, 1001.1 and 1101.1 of this Bylaw, b. a permit as specified in this Bylaw relating to a proposed change in the Class of

Occupancy of an existing building or part of it, c. any other permit or approval as required in this Bylaw in connection with the proposed work;

9. shall obtain an inspection and approval of the construction works as indicated on a permit or as provided in Section Nine of this Bylaw;

10. to whom a building permit is issued, shall obtain from a Building Official an Occupancy

Permit as provided in this Bylaw;

11. to whom a permit is issued, shall during construction keep a copy of the approved designs, plans and specifications on the property; keep the permit posted in a conspicuous place on the property; and post the civic address on the property in a location that is readable from the frontage public road.

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Page 16

SECTION SIX – GENERAL PROVISIONS FOR BUILDING PERMIT

APPLICATIONS

601 GENERAL PROVISIONS

1. Every owner shall apply for and obtain a permit before: a. constructing, or undertaking structural repair or alteration of a building or structure related to the inspections undertaken pursuant to this Bylaw as outlined in Section

Nine; b. installing plumbing systems related to the inspections undertaken pursuant to this

Bylaw as outlined in Section Nine; c. constructing a new masonry chimney, installing a new metal chimney for a solid fuel burning appliance or installing a new solid fuel burning appliance; or d. constructing works on a property to which a building or manufactured home is to be moved.

2. Each building or structure to be constructed on a parcel requires a separate application for a permit and shall be assessed a separate application fee as determined in accordance with Schedule “A” to this Bylaw. The Application Fee is non-refundable.

3. An application for a permit for a building or structure shall expire six months after the application date if any requested documents, professional certificates or approvals have not been submitted; or after notification to the Owner that a permit is issuable and the permit fee has not been paid. A Building Official may destroy any material that has not been retrieved by the applicant if the application has expired.

602 APPLICATION EXEMPTIONS

1. Except as required to meet specifications of the Building Code, a Building Official may waive information requirements specified for an application for a permit for a building or structure where the size, simplicity or details of the proposed construction can be adequately evaluated without such information.

2. An application for a permit for an accessory building may be submitted with only a Site

Plan and two sets of Construction Plans consisting of a Foundation Plan, two Building

Elevations and one Cross Section Drawing; all as detailed in this Section.

3. An application for the structural repair of a building or structure, the installation of a chimney or the construction of a structure may be submitted with a Site Plan and only those Construction Plans relevant to the proposed works; all as detailed and at the scale specified in this Section.

4. An application to accompany a Moving Permit Application may be submitted with only those Construction Plans relevant to the reconstruction at the new building site.

5. General exemptions from all regulations of this Bylaw are provided in Section 105.2 of this Bylaw.

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Page 17

603 MANUFACTURED HOMES

1. An application for the installation of a manufactured home that does not comply with the construction standard specified by the Regional District or the Building Code shall include the following reports and plan confirming that the manufactured home substantially complies with or is equivalent to following codes or standards. a. A report from a Registered Professional which states that the manufactured home substantially complies with the current Structural Design requirements of the

Building Code. b. A report from a licensed tradesperson or the Electrical Safety Officer that the manufactured home substantially complies with the Canadian Electrical Code. c. A report from a licensed tradesperson or the Gas Safety Officer that manufactured home substantially complies with the Natural Gas and Propane Installation Code. d. A floor plan showing room and building egress, electrical smoke alarm(s) installation and solid fuel burning appliance(s) installation to substantially comply with the Building Code.

604 PROFESSIONAL DESIGN AND FIELD REVIEW

1. Where a Building Official considers that the site conditions or the size or complexity of the development or an aspect of the development warrants, a Building Official may require an owner to provide a design, certification or a field review from a Registered

Professional, supported by Letters of Assurance as outlined in the Building Code, that the plans submitted with the application for a permit, or specified aspects of those plans, comply with this Bylaw, the Building Code and other applicable enactments respecting safety; and where Letters of Assurance are provided, the Registered Professional shall also provide a report on professional liability insurance to the Building Official in the form provided by the Regional District.

2. Building Officials may require certification from a Registered Professional for any construction work that has been covered prior to inspection by the Building Official.

3. Where a Building Official considers that siting circumstances warrant or the size or complexity of the development or an aspect of the development warrants, a Building

Official may require an owner to provide a plan of the development area prepared by a Registered Professional or practising registered BC Land Surveyor showing: a. site servicing plans and profiles including off-site works; b. cross section drawings through the subject parcel showing grades, existing and proposed buildings, parking areas and driveways; and c. any other information as may be necessary to establish substantial compliance with this Bylaw, the Building Code or any other applicable bylaw enacted by the

Regional District or Provincial statute.

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Page 18

605 CLIMATE DATA

1. The climatic values for the design of buildings in the Regional District are specified in

Schedule “B” to this Bylaw.

2. In the absence of a climate value in Schedule “B”, the climate values shall be in conformance with those values specified in the Building Code or as may be determined by a Building Official.

606 WATER METERS

1. Where a water connection is made to a Community Water System for a building located within a Community Water Service Area, the owner shall install a water meter appliance on the water service line up-stream of all connections and in accordance with the specifications provided by the Community Water System utility having jurisdiction.

2. Where a water connection is made at Silver Star Mountain to a duplex, or a single family dwelling and a suite, the owner shall install a water meter appliance to each dwelling unit.

607 EVIDENCE OF POTABLE WATER SUPPLY

1. Evidence of potable water supply shall be submitted with an application for a permit for a building or structure where the occupancy of which requires a supply of potable water.

2. Where an application for a permit for a building or structure is submitted to replace an existing legally constructed building or structure using an existing source of potable water, a Building Official may waive the requirements to provide evidence of potable water supply.

3. Where a potable water supply is not located on the subject property, the applicant shall provide evidence of a registered easement to access the water supply if located on private land; or an access license, permit or lease if located on Crown land.

4. Community Water System a. Where a proposed building or structure is located where a Community Water

System is available, evidence of potable water supply shall include written confirmation from the Community Water System utility having jurisdiction that potable water will be supplied by the Community Water System utility.

5. On-Site Water System a. Where a Community Water System is not available, evidence of potable water supply shall include: i. a water license or written assurance that a water license will be issued, from the Provincial authority having jurisdiction for a minimum quantity of 2,273 litres

(500 Imperial Gallons) per day for each dwelling unit; or

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Page 19 ii. evidence of a well with a capacity to provide a minimum of 6,550 litres of water per day (1.00 Igal/min) in Electoral Areas “B”, “C” and “F” or 2,273 litres of water per day (0.35 Igal/min) in Electoral Areas “D” and “E”, for each dwelling unit and such evidence shall be either: a. a record of a water well capacity test conducted by a Qualified Well Driller, as defined in the Water Act or a Registered Professional's report indicating the capacity of the well, or b. in the case of a surface (dug) well, a Registered Professional's report indicating the capacity of the well except that a Building Official may waive the requirement for a Registered Professional’s report where a record of water well capacity test conducted by a Qualified Well Driller or a Qualified

Pump Installer, as defined in the Water Act indicates that the surface well has a minimum capacity of 19,650 litres of water per day (3.00 Igal/min) for each dwelling unit. b. Where a well has existed for a period of one year or more, a Building Official may, except where he has knowledge that the well will not meet the water supply requirements outlined in this Bylaw, waive the requirement for evidence of potable water supply providing that a covenant is registered which gives notice that a potable water supply report was not filed with the Regional District and including a save-harmless indemnification clause in favour of the Regional District.

6. Cistern Water System a. Where an applicant cannot produce evidence of a potable water supply as outlined in this Bylaw, a Building Official may accept a Cistern Water System as equivalent evidence of potable water supply provided that: i. the cistern system and all its components shall be designed by a Registered

Professional; ii. the service area for the cistern system is restricted to the subject property; and, iii. a covenant is registered in favour of the Regional District on the subject parcel which covenant: a. prohibits the use of the property for uses requiring a supply of potable water unless the Owner ensures that the water quality meets the regulations of the Drinking Water Protection Act and maintains the cistern water system in good repair at all times, b. prohibits subdivision of the parcel until such time as a potable water supply is provided meeting the standards of the Regional District Subdivision

Servicing Bylaw, and c. indemnifies the Regional District, its officers, directors and employees in respect of any breach of the covenant. b. Where an applicant has submitted an application for a permit for a building or structure for a ‘Civic Use’ and cannot produce evidence of a potable water supply as outlined in this Bylaw, a Building Official may accept a Cistern Water System

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Page 20 as equivalent evidence of potable water supply provided that approval has been obtained from the authority having jurisdiction for the installation and use of a cistern system as evidence of a potable water supply for such ‘Civic Use’ and approved the design and specifications of such a cistern system.

608 SEWAGE DISPOSAL

1. A Sewage Disposal Permit shall be submitted with an application for a permit for: a. a building or structure, the occupancy of which will generate sewage; and b. additions or alterations to an existing residential building or structure served by an existing sewage disposal system installed pursuant to the authority having jurisdiction, the occupancy of which will generate an increase in sewage.

2. A Sewage Disposal Permit shall mean: a. written confirmation from a Community Sanitary Sewage System utility that the proposed building will be permitted to connect to the Community Sewer System; b. where a Community Sanitary Sewage System is not available, a Record of

Sewerage System from the authority having jurisdiction; or c. a Holding Tank Sewage Disposal Permit has been issued.

609 CONSTRUCTION PLANS

1. Construction Plans shall be submitted with an application for a permit for a building or structure.

2. Construction Plans shall be submitted in duplicate at a scale of 1:50 (1/4” = 1.0’) indicating the nature and extent of the work in sufficient detail to establish conformance with the Building Code and the siting, height and site coverage regulations in the

Zoning Bylaw and including: a. a Foundation Plan showing building dimensions, footings, foundation walls and chimney footings; b. a Basement Plan showing the columns, beams, bearing walls, partition walls, doors, windows, stairs, rough-in plumbing, water/sewer service lines, floor drains and clean-outs; and the location of water heater, heating, air conditioning and ventilating equipment; c. Floor Plans showing the dimensions and use of every room area; dimensions and height of crawl and roof spaces; location, size and swing of doors; location size and opening of windows; location and description of all plumbing works and fixtures; location and dimensions of all stairs; location and structural details of all fireplaces; structural details and the thickness of all walls; and the finishing treatment for all floors, walls and ceilings; d. Framing Plans showing floor joists, trusses, rafters, beams and other structural elements;

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Page 21 e. Building Elevations for each side showing the height of the building, finished grade, roof slopes, exterior finishes, doors, windows and other design features; and f. Cross Section Drawings (at least two) showing the existing and finished grades; entire roof, floor and wall systems; foundation walls and footings; and location of draintiles.

3. Construction Plans submitted shall bear the name and address of the designer of the building or structure.

610 ROOF AND FOUNDATION DRAINAGE PLAN

1. A Roof and Foundation Drainage Plan shall be submitted with an application for a permit for a building or structure.

2. A Roof and Foundation Drainage Plan shall be submitted in duplicate at a scale of

1:200 (1/16” = 1.0’) showing lot dimensions and the location of draintiles, drywells, storm sewer connections, culverts, manholes and cleanouts.

3. For properties outside a ‘Residential’, ‘Commercial’ or ‘Industrial' zone as specified in the Zoning Bylaw, a Building Official may waive the requirement to provide a Roof and

Foundation Drainage Plan.

4. The Roof and Foundation Drainage Plan shall demonstrate that: a. driveways, walkways, terraces, retaining walls, landscaping or any other structure will not obstruct the flow of drainage water; and b. where drainage water would likely enter a garage, carport, porch or basement entrance below ground level, that adequate catch basin or floor drain(s) will be installed and directed to a designated stormwater disposal location.

611 SNOW SHED DESIGN PLAN

1. Where an application is submitted for a permit for a building or structure within the community of Silver Star Mountain, a Snow Shed Design Plan shall be submitted.

2. A Building Official may waive the requirement to provide a Snow Shed Design Plan for a flat-roof building.

3. A Snow Shed Design Plan should include: a. A Site Plan submitted in duplicate at a minimum scale of 1:200 (1/16” = 1.0’) showing parking areas, driveways, walkways, exterior walls, doors, windows, building additions and eaves relative to the property lines and any adjacent buildings; b. a means of access to the roof to facilitate roof maintenance and snow removal; and, c. engineering calculations showing where and how the roof will shed snow.

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4. The Snow Shed Design Plan shall demonstrate that snow shedding from the proposed building: a. will be retained within the confines of the subject property; b. will not obstruct pedestrian or vehicular access and egress from the proposed building or any other building; and c. will not affect any other building.

612 SITE PLAN

1. A Site Plan shall be submitted with an application for permit for a building or structure.

2. A Site Plan should be submitted in duplicate at a scale of 1:200 (1/16” = 1.0’) showing: a. legal description and civic address of the parcel together with lot dimensions taken from the registered subdivision plan or equivalent information; b. measurements for the location of any existing and proposed buildings or structures relative to: i. property lines in proximity to these buildings or structures, ii. the natural boundary of any watercourses within 30 metres to these buildings or structures whether on the subject parcel or on any adjacent land, and iii. all statutory rights-of-way or easements on the subject parcel; c. the location of the frontage road, driveways and other roadways including the gradient of existing and proposed driveways to access any proposed dwelling; d. the gradient of the subject parcel as required to determine the height of any proposed building or structure relative to the maximum height permitted in the

Zoning Bylaw; e. the location of any septic tank and the means to access the septic tank for servicing; and f. the location of any septic drainfields, domestic water sources or water and sewer servicing lines.

613 SURVEY CERTIFICATE REQUIRED

1. The owner shall confirm that every building or structure, or addition to a building or structure, meets the siting and height regulations specified in the Zoning Bylaw by providing a Survey Certificate.

2. A Survey Certificate shall be prepared by a practising registered BC Land Surveyor.

3. A Building Official may issue a ‘Stop Work Order’ notice if a Survey Certificate has not been provided.

4. The Survey Certificate shall be provided upon completion of the foundation wall forms but before the concrete foundation is poured or upon completion of the preserved wood or masonry foundation.

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5. A Survey Certificate shall include: a. the location and dimensions of the foundation wall forms of the new building or structure relative to property lines, watercourses or other buildings; b. the location and dimensions of all statutory rights-of-way or easements; c. the location, dimension and gradient of driveways and parking areas; and d. the top elevation of the foundation wall of the new building or structure and the elevation of either: i. the midpoint of the rear property line in the case of a parcel which slopes uphill from the public road providing access, or ii. the centre line of the road opposite the midpoint of the front property line in the case of a parcel that slopes downhill from the public road providing access.

6. A Building Official may waive the requirement for a Survey Certificate if: a. a Building Official is satisfied with the accuracy of the Site Plan and the elevations of the building or structure as submitted with an application; b. a Building Official will not require elevation information to establish the height of the building or structure; and c. the Site Plan submitted with the application shows: i. side yard setbacks of at least 200% of the minimum side yard setback requirement specified in the Zoning Bylaw, ii. front and rear yard setbacks of at least 125% of the minimum setback requirement specified in the Zoning Bylaw, and iii. no watercourse within 30 metres of the building or structure.

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SECTION SEVEN – SPECIFIC PROVISIONS FOR BUILDING PERMIT

APPLICATIONS

701 APPLICATION FOR A SIMPLE BUILDING OR A STRUCTURE

1. An application for a permit for a simple building or a structure shall be made in the form provided by the Regional District and signed by the owner, or a signing officer if the owner is a corporation.

2. In addition to the requirements for an application for a permit for a simple building or a structure as described herein, a Building Official may require a professional design and field review as outlined in Section 604.1 of this Bylaw.

3. An application for a permit for a simple building or a structure shall include: a. supplementary contractor information in the form provided by the Regional District; b. owner’s acknowledgement of responsibility and undertakings made in the form prescribed by the Regional District, signed by the owner, or a signing officer if the owner is a corporation; c. confirmation of compliance with the Homeowner Protection Act as applicable; d. a copy of a title search made within 30 days of the date of application; e. any required highway access permit issued by the Ministry of Transportation and

Infrastructure; and f. any other documents and plans required in Section Six of this Bylaw.

702 SPECIFIC REQUIREMENTS FOR STRUCTURES

1. In general, an application for a permit for a structure shall include only construction plans as outlined in Section 609.1 of this Bylaw.

2. Retaining Structure a. In addition to the requirements outlined in Sections 701.1, 701.2 and 701.3 of this

Bylaw, an application for a permit for a retaining structure greater than 1.2 metres in height shall: i. require a professional design and field review by a Registered Professional including the submission of Letters of Assurance and proof of professional liability insurance as outlined in Section 604.1 of this Bylaw prior to an

Occupancy Permit being issued by a Building Official; and ii. include provisions for a guardrail in accordance with the provisions of the

Building Code.

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3. Swimming Pool a. In addition to the requirements outlined in Sections 701.1, 701.2 and 701.3 of this

Bylaw, an application for a permit for a swimming pool shall include provisions for: i. an enclosed fence not less than 1.2 metres in height with no openings greater than 100mm and so designed that members, attachments or openings will not facilitate climbing; ii. a self-closing gate so designed and installed as to cause the gate to return to a locked position automatically; and iii. pressure reducing valves and a backflow prevention device to be installed in accordance with the requirements of the Building Code.

4. Sign a. In addition to the provisions of Section 701.2 of this Bylaw, an application for a permit for a sign structure shall be made in the form provided by the Regional

District and signed by the owner, or a signing officer if the owner is a corporation.

703 APPLICATION FOR A COMPLEX BUILDING

1. An application for a permit for a complex building shall be made in the form provided by the Regional District and signed by the owner, or a signing officer if the owner is a corporation.

2. An application for a permit for a complex building shall be accompanied by: a. supplementary contractor information in the form provided by the Regional District; b. the owner’s acknowledgement of responsibility and undertakings made in the form provided by the Regional District, signed by the owner, or a signing officer if the owner is a corporation; c. confirmation of compliance with the Homeowner Protection Act as applicable; d. Letter of Assurance in the form of Schedule A to Part 2 of the Building Code signed by the owner, or a signing officer if the owner is a corporation, and the Co-

Ordinating Registered Professional; e. Letters of Assurance in the form of Schedule B to Part 2 of the Building Code each signed by such Registered Professionals as a Building Official or the Building Code may require, to address the design and field reviews for the construction of the proposed building; f. proof of professional liability insurance in the form provided by the Regional

District; g. a copy of a title search made within 30 days of the date of application; h. any required highway access permit issued by the Ministry of Transportation and

Infrastructure; and i. any other documents and plans required in Section Six of this Bylaw.

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SECTION EIGHT – BUILDING AND OCCUPANCY PERMITS

801 BUILDING PERMIT

1. Neither the issuance of a Building Permit under this Bylaw, the review and acceptance of the design, drawings, plans or specifications, nor inspections made by a Building

Official, shall constitute a representation or warranty that the Building Code or this

Bylaw have been complied with or the building or structure meets any standard of materials or workmanship, and no person shall rely on any of those actions as establishing compliance with the Building Code or this Bylaw or any standard of construction.

2. When: a. a completed application in compliance with Section Seven of this Bylaw including all required supporting documentation has been submitted; b. a Building Official has determined that health and safety aspects of the works are in compliance with this Bylaw, the Building Code, the Local Government Act and any other applicable bylaw of the Regional District or Provincial statute; c. the owner or representative has paid all applicable fees as specified in Schedule

“A” to this Bylaw including any penalty as outlined in Section 303.3 or any surcharge as outlined in Section 802.2 of this Bylaw; d. the owner or representative has paid all charges and met all requirements imposed by any other statute or bylaw in respect of the issuance of a building permit; e. evidence has been provided that the proposed construction complies with the

Homeowner Protection Act as applicable; and

f. no covenant, agreement, resolution or regulation of the Regional District authorizes the permit to be withheld; a Building Official may issue a Building Permit for which the application is made in the form provided by the Regional District.

3. The Building Permit period is valid for two years from the date the permit is granted unless the permit expires or is revoked.

4. A valid and subsisting Building Permit that was issued under Regional District of North

Okanagan Building Bylaw No. 1747, 2003 and all amendments thereto, before the repeal of that bylaw, is deemed to be a Building Permit issued under this Bylaw and remains valid until its expiration date unless earlier surrendered, suspended or cancelled.

802 BUILDING PERMIT FEES

1. Building Permit Fees shall be determined in accordance with Schedule “A” to this

Bylaw.

2. The Building Permit Fees as specified in Schedule “A” to this Bylaw are increased by a factor of 30% where the construction site is located within the Building Permit Fees

Surcharge Area specified in Schedule “C” to this Bylaw.

3. A Building Official may, except for the Application Fee and subject to an Administrative

Charge set in accordance with Schedule “A”, refund the fees paid for a Building Permit upon receipt of a written request for cancellation of the permit within one year of the issuance of the permit provided construction has not begun.

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4. When a Building Permit is issued in accordance with Section 803.1 of this Bylaw, the

Building Permit Fee shall be reduced by 5% of the fee payable as specified in

Schedule “A”, up to a maximum of $500.00.

5. When a Building Permit is issued in accordance with Section 803.3 of this Bylaw, the

Building Permit Fee shall be reduced by 20% of the fee payable as specified in

Schedule “A” to this Bylaw.

803 PROFESSIONAL PLAN CERTIFICATION AND PERMIT

1. Letters of Assurance in the form of Schedule Bto Part 2 of the Building Code provided pursuant to this Bylaw are relied upon by the Regional District and its Building Officials in the issuance of a Building Permit as certification that the design and plans, to which the Letters of Assurance relate, comply with the Building Code and other applicable enactments relating to safety. This Section applies to Building Permits where a registered professional is involved in the construction process.

2. A Building Permit issued for the construction of a Complex Building, or for a building or structure for which a Building Official required professional design pursuant to

Section 604.1 of this Bylaw, shall include a notice to the owner concerning the reliance upon the certification of the Registered Professionals, in the form provided by the

Regional District.

3. Confirmation of Commitment by Owner and Coordinating Registered Professional in the form of Schedule A to Part 2 of the Building Code provided pursuant to this Bylaw are relied upon by the Regional District and its Building Officials in the issuance of a

Building Permit as certification that the design and plans, to which the confirmation relate, comply with the Building Code and other applicable enactments relating to safety. This Section applies to Building Permits where there is a Coordinating

Registered Professional involved in the construction process.

804 PHASED BUILDING PERMIT

1. A Building Official may issue a Building Permit for construction of a phase of a building or structure before the entire plans and specifications have been submitted or approved, provided sufficient information has been submitted showing that the building phase is in substantial compliance with the Building Code, this Bylaw or other applicable bylaws or regulations and the permit fee for that portion of the building or structure has been paid. The remainder of the building or development shall conform to those regulations as if a Building Permit has not been issued.

805 BUILDING PERMIT EXPIRED

1. A Building Permit expires if: a. construction has not commenced within one year of the date of permit issuance; b. an Occupancy Permit has not been issued within the valid Building Permit period or within any renewal period authorized by a Building Official; c. the work associated with a structure, other than a building, has not been approved to the Final Inspection stage within the valid Building Permit period or within any renewal period authorized by a Building Official; d. construction has been discontinued for a period of one year; e. a Building Official has revoked the Building Permit as provided in this Bylaw; or f. the owner or representative has requested that the Building Permit be cancelled.

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2. Except as provided in Section 802.3, no fees shall be returned where a Building Permit has expired.

806 BUILDING PERMIT REVOKED

1. A Building Official may, upon written notification to an applicant, revoke a Building

Permit issued under this Bylaw where: a. the permit was issued in error; b. an approval issued by another authority, on the basis of which a permit was issued under this Bylaw, is withdrawn by that authority; c. notification of a successful appeal has been received by the Regional District pursuant to the authority having jurisdiction concerning the issuance of a Sewage

Disposal Permit for the subject building; d. the permit was issued of the basis of incorrect information provided by the owner, representative or a Registered Professional; or e. there is a violation of this Bylaw, the Building Code, the Local Government Act, or any other Provincial statute or bylaw enacted by the Regional District.

2. No fees will be returned where a Building Permit has been revoked.

807 BUILDING PERMIT RENEWAL

1. Where a Building Permit has expired and the owner wishes to have the permit reissued, the owner must submit a new application, including a new Application Fee, including all documents and permits as prescribed in Sections Six and Seven of this

Bylaw.

2. Where an application is received pursuant to Section 807.1 and where the information submitted with the new application has not changed substantively from the original application, a Building Official may issue a new Building Permit pursuant to all the terms and conditions of this Bylaw, except that the Building Permit Fees prescribed in

Schedule “A” of this Bylaw shall not apply.

3. Where a Building Permit has not expired or been revoked and upon written request, a

Building Official may extend the term of the Building Permit for one renewal period of one year upon any terms and conditions specified by the Building Official.

4. Where construction has not commenced or has been discontinued due to adverse weather, strikes, material or labour shortages or similar hardship beyond the owner’s control, a Building Official may extend the valid Building Permit period for one renewal period of one year upon any terms and conditions specified by the Building Official.

5. Where a Building Permit has been revoked and the owner wishes to have the permit reissued, the owner shall submit a new application, including a new Application Fee, including all documents and permits as prescribed in Sections Six and Seven of this

Bylaw.

808 OCCUPANCY PERMIT REQUIRED

1. Except as provided in this Bylaw, an Occupancy Permit is required prior to occupancy of any building or structure for which a Building Permit is required under this Bylaw and it is the responsibility of the owner to obtain an Occupancy Permit after the building or structure is complete and ready for occupancy, but before any occupancy.

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2. Prior to the issuance of an Occupancy Permit for: a. a complex building, or for a building or structure for which a Building Official required professional design pursuant to Section 604.1 of this Bylaw, the owner shall provide Letters of Assurance in the form of Schedules C-A and C-B to Part 2 in the Building Code each signed by the Co-Ordinating Registered Professional and Registered Professionals as the Building Code may require; b. a building or structure which will generate sewage, the owner shall provide to the

Building Official a Record of Sewerage System pursuant to the authority having jurisdiction for a sewerage system, or a confirmation of acceptable connection to a Community Sanitary Sewage System from the authority having jurisdiction.

3. Where a Building Official has indicated on final inspection that the construction work is acceptable, the Building Official may issue an Occupancy Permit in the form provided by the Regional District.

4. A Building Official may issue an Occupancy Permit for part of a building when part of the building is self-contained and complies with the requirements of this Bylaw, the

Building Code, the Local Government Act or any other Provincial statute or bylaw enacted by the Regional District.

809 PROVISIONAL OCCUPANCY PERMIT

1. A Building Official may issue a Provisional Occupancy Permit in the form provided by the Regional District where the construction of a building or structure has substantially been completed and where the health and safety requirements of this Bylaw and the

Building Code have been met.

2. The owner shall pay the Provisional Occupancy Permit fee as specified in Schedule

“A” to this Bylaw before the issuance of the permit.

3. The Provisional Occupancy Permit is valid for 90 days from the date the permit is issued.

4. A Building Official may extend the term of the Provisional Occupancy Permit for an additional 90 days upon any terms and conditions specified by the Building Official.

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SECTION NINE – BUILDING INSPECTIONS

901 COMPLEX BUILDINGS

1. When a Registered Professional provides Letters of Assurance for the construction of a complex building, or for a building or structure for which a Building Official required professional design and Letters of Assurance pursuant to Section 604.1 of this Bylaw, the Regional District will rely solely on field reviews undertaken by the Registered

Professional and the Letters of Assurance as certification that the construction substantially conforms to the approved design, plans and specifications and that the construction complies with the Building Code, this Bylaw and other applicable enactments respecting safety.

2. A Building Official may attend the construction site from time to time during the course of construction to ascertain that the field reviews are taking place and to monitor the field reviews undertaken by the Registered Professionals.

902 SIMPLE BUILDINGS OR STRUCTURES

1. A Building Official may attend periodically at the site of the construction of simple buildings or structures to ascertain whether the health and safety aspects of the work are being carried out in substantial conformance with the health and safety requirements of the Building Code, this Bylaw and any other applicable enactments concerning safety.

903 INSPECTIONS REQUIRED

1. The owner or representative shall give at least two clear working days' notice to the

Building Official when requesting an inspection.

2. The owner or representative shall obtain an inspection and receive a Building Official's acceptance of the work as indicated on the Building Permit or at each of the following aspects of the work prior to concealing them: a. "Footing Forms Inspection" after completion of the footing forms; but before pouring concrete for the footings. b. "Foundation Forms Inspection" after completion of the footings and the foundation forms; but before pouring concrete for the foundation. c. "Pre-Backfill Inspection" after damp-proofing foundations and the installation of perimeter drains with connections to the designated stormwater disposal location; but before backfilling the foundation or covering drainage works. d. "Plumbing Below-Grade Inspection" after installation of the water and sewer service lines, and any other below-grade plumbing works; but before backfilling excavations. e. "Under Slab Preparation Inspection" after the foundation is complete; but before pouring the concrete slab.

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SECTION NINE – BUILDING INSPECTIONS

f. "Plumbing Above-Grade Inspection" after completion of the rough-in plumbing and the tests required by the Building Code have been satisfactorily completed; but before covering with insulation, vapour barrier or wall coverings. g. "Framing Inspection" after completion of framing, sheathing, stairs, chimney, fireplace, plumbing, electrical, heating, ventilation and installation of windows, exterior doors and roofing; but before installing insulation and vapour barrier that would conceal the framing works. h. "Insulation and Vapour Barrier Inspection" after the Plumbing Above-Grade

Inspection and the insulation and vapour barrier have been installed; but before

wall coverings are installed. i. "Final Inspection" when the building or structure or part thereof is complete, including grading around the building or structure, the installation of surface drainage works and confirmation that any water meter appliance (if necessary) is in operating condition, and the building or structure is ready for use or occupancy; but before use or occupancy takes place of the whole or part of the building or structure.

3. For accessory and agricultural buildings which are up to 110 m

2

in size and do not contain plumbing, the required inspections are as follows: a. Footings and Forms b. Framing c. Final Occupancy

4. No aspect of the work referred to in Section 903.2 of this Bylaw shall be covered until a Building Official has indicated acceptance in writing.

5. Notwithstanding the requirement for inspections under Sections 903.2 and 903.4

of this Bylaw, a Building Official may when unable to attend a construction site on the date requested due to travel distance or time constraints, alternatively determine on the basis of information provided by the contractor whether the work may proceed despite Section 903.4 and require that photographs of the work be taken prior to the work being concealed and these photographs be submitted to the Building Official.

6. Pursuant to Section 903.5, a Building Official may require work to be uncovered if photographs indicate a problem is likely to create a health or safety hazard.

7. The requirements of Sections 903.2 and 903.4

of this Bylaw do not apply to any aspect of the work that is the subject of a Registered Professional’s Letter of Assurance which has been provided for the construction of a complex building, or for a building or structure for which a Building Official required professional design and Letters of

Assurance pursuant to Section 604.1 of this Bylaw.

8. In the event that the Building Official has notified the owner or contractor that additional inspections are required, it shall be the responsibility of the owner or representative to request these additional inspections.

9. The owner or representative shall, prior to obtaining re-inspection of any work that the

Building Official determines is unacceptable, pay for the Re-Inspection Charge as specified in Schedule “A” to this Bylaw.

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SECTION TEN – DEMOLITION PERMIT AND APPLICATION

1001 APPLICATION

1. No owner shall demolish or cause to be demolished any building or structure without first obtaining a permit to carry out such demolition.

2. An Application for a Demolition Permit shall be submitted in the form provided by the

Regional District.

1002 EXEMPTIONS

1. This Section does not apply to: a. structures other than buildings, less than 15.0 metres in height; or b. accessory buildings that are one storey or less in height provided that there are no service works connected to the building.

1003 DEMOLITION PERMIT

1. When: a. a completed application including all required supporting documentation has been submitted as outlined on the application form provided by the Regional District; b. a Building Official has determined that the proposed demolition works are in compliance with this Bylaw, the Building Code, the Local Government Act and any other applicable bylaw of the Regional District or Provincial statute; c. the owner or representative has paid all applicable fees as specified in Schedule

“A” to this Bylaw including any penalty as outlined in Section 303.3; d. the owner or representative has paid all charges and met all requirements imposed by any other statute or bylaw in respect of the issuance of a demolition permit; and e. no covenant, agreement, resolution or regulation of the Regional District authorizes the permit to be withheld; a Building Official may issue a permit for which the application is made in the form provided by the Regional District.

2. A permit for demolition shall be valid for one year from the date of issuance of the permit after which the permit expires.

3. A Building Official may withhold a permit for a demolition where: a. the building or structure is protected heritage property, is subject to temporary heritage protection or is identified in a community heritage registry pursuant to the

Heritage Conservation Act or the Local Government Act; or

b. in the case of a residence, the building is occupied.

1004 DEMOLITION DEPOSIT

1. An applicant for a permit for a demolition shall pay the Demolition Deposit as specified in Schedule “A” to this Bylaw before the issuance of the permit to ensure the work is completed and the site is rehabilitated.

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November 18, 2015 - Item E.5

SECTION TEN – DEMOLITION PERMIT AND APPLICATION

Page 33

2. Where a building or structure is demolished under a permit, and where: a. the property is rehabilitated to a tidy and safe condition; b. all waste debris has been removed; c. any septic tank or other underground storage facility has been removed; and d. any barricade or covered way has been dismantled; the Building Official shall return the Demolition Deposit to the applicant.

3. Where a Demolition Deposit is returned to the applicant, any interest earned upon the security shall accrue to the applicant.

4. Where a permit for a demolition has expired and the demolition and works referred to in Section 1004.2 have not been completed, the Regional District may utilize the

Demolition Deposit to complete the works.

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BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.5

Page 34

SECTION ELEVEN – MOVING PERMIT AND APPLICATION

1101 APPLICATION

1. Where the moving of buildings is permitted in the Regional District, no person shall move or cause to be moved any building without first obtaining a permit to carry out such a move as well as a Building Permit for construction works on the property to which the subject building is to be moved.

2. An Application for a Moving Permit shall be submitted in the form provided by the

Regional District.

3. A Building Permit Application shall be submitted in the form provided by the Regional

District for the construction works on the property to which the subject building is to be moved.

1102 EXCEPTIONS

1. This Section does not apply to the moving of manufactured homes or accessory buildings.

1103 MOVING PERMIT

1. When: a. a completed application including all required supporting documentation has been submitted as outlined on the application form provided by the Regional District; b. a Building Official has determined that any proposed works are in compliance with this Bylaw, the Building Code, the Local Government Act or any other applicable bylaw of the Regional District or Provincial statute; c. the owner or representative has paid all applicable fees as specified in Schedule

“A” to this Bylaw including any penalty as outlined in Section 303.3; d. the owner or representative has paid all charges and met all requirements imposed by any other statute or bylaw in respect to the moving of buildings; and e. no covenant, agreement, resolution or regulation of the Regional District authorizes the permit to be withheld; a Building Official may issue a permit for which the application is made in the form provided by the Regional District.

2. A permit for moving a building shall be valid for two years from the date of issuance of the permit after which the permit expires.

3. Building Officials shall refuse a permit for moving a dwelling where: a. the appraised value of the building after the move as indicated in the Appraisal

Report as outlined on the application form provided by the Regional District, is less than: i. 1.25 times of the average appraised value of all the dwellings situated on parcels which are wholly or partially enclosed by lines drawn parallel to and perpendicularly distant 100.0 metres from the boundaries of the parcel to which the building is to be moved; or

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SECTION ELEVEN – MOVING PERMIT AND APPLICATION

Page 35 b. the floor area of the building to be moved is less than the minimum floor area specified in the Zoning Bylaw for the property to which it is to be moved.

1104 MOVING DEPOSIT

1. An applicant for a permit shall pay the Moving Deposit as specified in Schedule “A” to this Bylaw before the issuance of a permit to ensure that the building is rehabilitated and installed according to the permit.

2. Where a building is moved under a permit, and where a Building Official has issued an Occupancy Permit for the building, the Building Official shall return the Moving

Deposit to the applicant.

3. Where a Moving Deposit is returned to the applicant, any interest earned upon the security shall accrue to the applicant.

4. Where a permit for moving a building has expired and the works authorized by the

Moving Permit and any associated Building Permit have not be completed, the

Regional District may utilize the Moving Deposit to complete the works.

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BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.5

Page 36

SECTION TWELVE – BYLAW REPEAL, READINGS, AND ADOPTION

1201 REPEAL

Bylaw No. 1747, 2003, being "Regional District of North Okanagan Building Bylaw No. 1747,

2003", and all amendments thereto, are hereby repealed.

1202 EFFECTIVE DATE

This Bylaw shall come into force and take effect on January 1, 2016.

1203 SEVERABILITY

The provisions of this Bylaw are severable and the invalidity of any part of this Bylaw shall not affect the validity of the remainder of this Bylaw.

Read a First Time

Read a Second Time, as amended

Read a Third Time

this 20th day of this day of this day of

May, 2015

, 2015

, 2015

ADOPTED

this day of , 2015

Chair Deputy Corporate Officer

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November 18, 2015 - Item E.5

Page 37

SCHEDULE “A” TO BYLAW NO. 2670, 2015 – FEES AND CHARGES

1. Building Permit Application Fees – Non-Refundable a. Construction Value $1,000 or less ................................................................ 55.00 b. Construction Value over $1,000 up to $250,000 ......................................... 109.00 c. Construction Value $250,000 and more ...................................................... 163.00

2. Building Permit Fees

(Note: A surcharge on fees may apply in remote areas) a. For the first $1,000 of Construction Value ..................................................... 60.00 b. For each $1,000 of Construction Value or part thereof over

$1,000 and less than $500,000 ..................................................................... 13.00 c. For each $1,000 of Construction Value or part thereof over

$500,000 and less than $1,000,000 .............................................................. 12.00 d. For each $1,000 of Construction Value or part thereof over

$1,000, 000…. .............................................................................................. 11.00 e. For the first five Plumbing Fixtures ................................................................ 60.00 f. For each Plumbing Fixture over the first five ................................................. 12.00 g. For installing a Manufactured Home (mobile home) or park model recreational unit

................................................................................................................... 265.00

3. Building Permit Fees for Agricultural Buildings over 600 square metres

(Note: A surcharge on fees may apply in remote areas) a. For the first $1,000 of Construction Value ..................................................... 52.50 b. For each $1,000 of Construction Value or part thereof over $1,000 and $250,000 ................................................................................................ 11.00 c. For each $1,000 of Construction Value or part thereof over $250,000 ............ 8.25

4. Sign Permit Fees a. Application for a Sign Permit (non-refundable) .............................................. 60.00 b. Permit for a Sign:

- For the first $100 of Construction Value .................................................. 60.00

- For each $1,000 of Construction Value or part there of over $100 .......... 13.00

5. Demolition / Moving Permit Fees a. Application for a Demolition / Moving Permit (non-refundable) ...................... 55.00 b. Demolition / Moving Permit ......................................................................... 242.00 c. Demolition / Moving Deposit .................................................................... 2,100.00

6. Other Fees and Charges a. Special Inspection or Re-Inspection ............................................................ 109.00 b. Provisional Occupancy Permit with Re-Inspection ...................................... 109.00 c. Administrative Charge to remove a ‘Notice on Title’ .................................... 850.00 d. New products, systems or methods Evaluation Fee ................................. 2,415.00 e. Administrative Charge for refund of Building Permit Fees ........................... 230.00

Page 95 of 137

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BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.5

SCHEDULE “A” TO BYLAW NO. 2670, 2015 – FEES AND CHARGES

Page 38

7. Building Permit File Closing Fee (Refundable)

In addition to other fees and charges payable in accordance with this Schedule at the time of permit issuance, a file closing fee will apply for all building permits as follows: a. Where construction value is less than $10,000 ........................................... 100.00 b. Where construction value is between $10,000 and $50,000 ....................... 150.00 c. Where construction value is between $50,001 and $100,000 ..................... 300.00 d. Where construction value is in excess of $100,000 ..................................... 500.00

8. When all works associated with a building permit are completed and a final inspection has been approved within twenty-four (24) months of the date of permit issuance, the Regional

District of North Okanagan will refund the Building Permit File Closing Fee as follows: a. Where construction value is less than $10,000 ........................................... 100.00 b. Where construction value is between $10,000 and $50,000 ....................... 150.00 c. Where construction value is between $50,001 and $100,000 ..................... 300.00 d. Where construction value is in excess of $100,000 ..................................... 500.00

Where the works associated with a permit are not completed within twenty-four (24) months of the date of permit issuance, there will be no refund of the Building Permit File

Closing Fee.

Any re-inspection fees or fines assessed against the owner/permit holder during the period of construction will also be deducted from the Building Permit File Closing Fee. In addition, if Notice on Title is required, there will be no refund of the file closing fee.

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RDNO Building Bylaw No. 2670, 2015

Mara -- -- -- -- -- --

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.5

Page 39

SCHEDULE “B” TO BYLAW NO. 2670, 2015 – CLIMATE VALUES

Design Temperature

Area

January

2.5

%

°C

1%

°C

July 2.5%

Dry

°C

Wet

°C

Degree

Days

Below

18°C

15

Min.

Rain mm

One

Day

Rain mm

Ann.

Tot.

Ppn. mm

Ground Snow

Load kPa

S

S

S

R

-- -- 3.9 0.1

1/10 kPa

--

Hourly Wind

Pressures

1/30 kPa

--

1/100 kPa

--

Grindrod

Swan Lake /

BX

Keddleston

Silver Star

Village

Westside Ok.

Lake

Cherryville

Creighton

Valley

Shuswap Falls

-- -- --

-20 -23 33

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

20

--

--

--

--

--

--

--

3887

--

--

--

--

--

--

--

13

--

--

--

--

--

--

--

40

--

--

--

--

--

--

--

350

--

--

--

--

--

--

3.6

2.2

3.1

2.2

3.1

3.1

2.8

0.1 --

0.1 0.32 0.39 0.44

0.2

10.5 0.3

0.1

0.1

0.2

0.1

--

--

--

--

--

--

--

--

--

--

--

--

--

--

Mabel Lake -- -- -- -- -- -- -- -- 4.4 0.1 -- --

Note: Except for Silver Star Village, values cited in this Schedule and noted above are valid to elevation 1170 metres only.

--

--

--

--

--

--

--

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November 18, 2015 - Item E.5

Page 40

SCHEDULE “C” TO BYLAW NO. 2670, 2015 – BUILDING PERMIT FEES SURCHARGE AREA

Page 98 of 137

RDNO Building Bylaw No. 2670, 2015

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.6

REGIONAL DISTRICT of

NORTH OKANAGAN

REPORT

File No.: 3045.01.04

TO:

FROM:

Board of Directors

Planning Department

DATE: November 5, 2015

SUBJECT

:

Electoral Areas "D" and "E" Official Community Plan Regional

Context Statement

RECOMMENDATION:

That following consideration of comments received at the Public Hearing, Electoral Areas “D” and “E”

Official Community Plan Amendment Bylaw No. 2690, 2015 be given Third Reading.

DISCUSSION:

On August 19, 2015 at the Regular Meeting of the Board of Directors, Bylaw No. 2690 received First

Reading and referral to government agencies, First Nations and the Advisory Planning Commissions for review and comment. In addition, the Bylaw was forwarded on to the RDNO Finance and

Engineering Departments to be considered in conjunction with the financial and waste management plans. In response to the referral, the Agricultural Land Commission (ALC) has indicated no objection to Bylaw No. 2690 finding it to be consistent with the purposes of the ALC Act. The Electoral Area “E”

Advisory Planning Commission had some minor edits and additions to be incorporated into the Bylaw.

It was also requested that the Cherryville Community Interests be reviewed in relation to the Regional

Growth Strategy (RGS) to identify any gaps in existing policy. Upon review, staff confirmed that the objectives and opportunities highlighted in Cherryville’s Community Interests are largely addressed in the RGS albeit at a broader, regional level.

The Regional Context Statement (RCS) summarizes how the Electoral Areas “D” and “E” Official

Community Plan aligns with and supports the nine policy areas of the Regional Growth Strategy. The

RGS is the coordinating plan for the Regional District of North Okanagan and member municipalities on matters affecting the management of growth and regional sustainability. The RGS provides partners with a framework to achieve shared goals while maintaining the autonomy of local jurisdictions in their community planning decisions.

On October 21, 2015 the Board of Directors passed the following resolution:

That as recommended by the Electoral Area Advisory Committee, Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2690, 2015 be given Second

Reading as amended and be referred to a Public Hearing.

Upon consideration of comments received at the Public Hearing, the Board of Directors can proceed with Third Reading.

BACKGROUND/HISTORY:

The Regional District of North Okanagan adopted RGS Bylaw No. 2500 on September 21, 2011, following acceptance by all affected local governments (including the City of Armstrong, District of

Page 99 of 137

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November 18, 2015 - Item E.6

Electoral Areas "D" and "E" Official Community Plan Regional Context Statement

Report to Board of Directors – November 5, 2015 Page 2

Coldstream, City of Enderby, Village of Lumby, Township of Spallumcheen, City of Vernon and adjacent regional districts) and endorsement by the Electoral Area Advisory Committee.

The Regional District of North Okanagan received $250,000 from the Union of British Columbia

Municipalities (UBCM) Regionally Significant Projects Grant in February 2013 to coordinate Regional

Context Statement (RCS) development and provide assistance, staff and financial resources in developing 10 municipal and Electoral Area RCSs.

The Electoral Areas “D” and “E” OCP was under review during the development and adoption of the

RGS. During the OCP’s policy development, draft RGS goals and strategies were taken into consideration. The OCP began the bylaw process in May 2011 and the Electoral Areas “D” and “E”

Official Community Plan was adopted on March 21, 2012. The OCP currently does not include a RCS.

CONSULTATION PLAN:

To ensure that the RCS is aligned with the RGS in a way that retains and reflects the unique attributes of the OCP, the period of review included Planning Department staff, the Electoral Area Advisory

Committee and both the Electoral Areas’ Advisory Planning Commissions (APCs).

The RCS work plan, as represented in Table 1 below, has been revised to outline the tasks, target dates and resulting deliverables to meet the goal of adoption by year end 2015.

Table 1: RCS Revised Work Plan

Target Date

July-August 2015

Milestone

Project Initiation, including Legislative Requirements, Project

Timelines

Report #1 Initial Draft RCS

Deliverables

Staff Report: EAAC- request 1 st Reading

Refer bylaw to external agencies, First

Nations, RDNO departments and APC’s (30 days for review)

September-October

2015

Report #2: Second draft of RCS Bylaw for review, request 2 nd

Reading referral to Public Hearing

• Staff Report :EAAC

Public consultation, communications and advertising (optional)

November 2015

December 2015

Bylaw is referred to RDNO Board of Directors RGMAC for endorsement-Public Hearing Report #3: 3 rd Reading

Report # 4: Report Final RCS, Adoption

CONSULTATION REQUIREMENTS:

Staff Report to RGMAC and BoD

Public Hearing Minutes

Staff Report: BoD

• Adopted OCP Amendment Bylaw [RCS]

Section 879 of the Local Government Act states that during the amendment of an OCP, such as when developing and adopting a RCS, a jurisdiction must consider what opportunities will be provided for early consultation and with whom. The local government must:

(a) consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing; and,

(b) specifically consider whether consultation is required with: i. the board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan; ii. the board of any regional district that is adjacent to the area covered by the plan; iii. the council of any municipality that is adjacent to the area covered by the plan;

Page 100 of 137

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November 18, 2015 - Item E.6

Electoral Areas "D" and "E" Official Community Plan Regional Context Statement

Report to Board of Directors – November 5, 2015 Page 3 iv. first nations; v. school district boards, greater boards and improvement district boards; and, vi. the provincial and federal governments and their agencies.

The level of consultation on the development of RCSs, beyond what is required under Section 879, is at the discretion of the Board of Directors. Based upon the extensive public consultation that was undertaken during the development of the RGS and the Electoral Areas “D” and “E” OCP Review, it is the opinion of staff that consultation requirements, as specified in Section 879, are the appropriate level of consultation for the preparation of an OCP Amendment Bylaw.

ANALYSIS:

The Electoral Areas “D” and “E” OCP contains policies that address: Environment; Agricultural &

Resource Use; Rural, Rural Residential & Residential Use; Commercial; Industrial; Special Use Areas;

Quality of Life; Transportation & Servicing; Economy and Development Permit Areas.

The RCS has been developed as a mechanism to convey the consistency of the OCP’s policies and approach with the goals and strategies of the RGS.

Urban Containment and Rural Protection:

The OCP policy framework restricts urban uses and development outside the Rural Protection

Boundary and directs residential and commercial growth towards municipal Growth Areas (Lumby), which supports the RGS goal of creating a compact urban area. There is a policy which supports development within the “downtown” Cherryville area however this is predicated on appropriate servicing. The Rural Protection Boundary does not reflect the potential for development in downtown

Cherryville and will need to be examined during the RGS 5-Year review to ensure consistency between the two plans.

Agriculture and Food Systems:

The OCP supports a robust and diverse agricultural sector by reinforcing the Agricultural Land

Commission in its efforts to protect and enhance farmland. The OCP also contains policies which supports the production, processing, sale and distribution of locally grown products.

Water Stewardship

The RCS acknowledges the importance of water identifying the OCP supporting policies which address the many dimensions of water sustainability and responsible water management.

Environment and Natural Lands

The RCS highlights the unique natural features found within the OCP plan area recognizing the need to preserve and protect these natural assets. The OCP policy framework supports the three goals and twenty-three policies that address a number of environmental and natural land issues, including watershed management, environmentally sensitive areas, parks and open spaces, and pollution reduction.

Economic Development

The RCS acknowledges the reliance of Areas “D” and “E” residents on primary industries, mainly forestry, and agriculture for their livelihood and the need for a diversified regional approach to economic development. The RCS identities how the OCP supports opportunities that are compatible with the rural character of the Electoral Areas, including: home occupation; communication connectivity; agriculture – local food production; and artistic events and festivals that provide economic benefits to the community.

Page 101 of 137

E

l

ectora

l

Areas

"

D" a

nd

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.6

"E"

Official Commun

ity

P

l

an Reg

i

onal Context Statement

Report to Board of Directors N ovember 5, 2015 Page4

Transportation and Infrastructure

The RCS identifies h ow th e OCP s upp orts a variety of transportation opt i ons that are appropriate wit hin the rural area and provides direction regard in g a l ternat iv e act i ve transportation routes within communities , including trails and multi -use paths .

Housing

The Electoral Areas " D " and " E " OCP policy framework supports a range of housing options appropriate wit hin a rural co nt ext, in c lu d in g secondary su it es and mobile home s and recognizes that soc i al hous i ng a nd affo rdabl e hou s in g projects benefit f r o m being in close proximity to an urban l ocat i on .

Governance and Service Delivery

The RCS acknow l edges the need for regiona l co ll aboration and community involvement in initiatives to prov id e efficient , effect i ve and fisca ll y responsible services that respond to community needs .

Energy and Emissions:

The OCP has adop t ed th e RGS Green House Reduction target with s u pporti n g policies th at are ac hi evab le within the rur a l contex t of E l ectora l Areas " D" and "E". This approach is consistent with the strateg i c direction of the RGS.

The RCS in the Electoral Areas " D " and " E" OCP confirms t h at the goals and policies of the OCP are co n s i ste nt with the regional goals of the RGS to create a sustainab l e and resilient region that ba l ances urb an development a n d rural and agr i c ultur al protection.

SUMMARY:

This report presents the revised Regional Context Statement for the Electoral Areas " D " and " E " Official

Comm unity Plan based upon feedback rece iv ed during the refe rral process.

T h e Electoral A r eas " D " a n d "E " Regional Context Statement , attached to this report as Bylaw No . 2690 ,

20 1 5, demonstrates co n s i s t e n cy wit h the twenty o n e goa l s of the Regiona l Growth Strategy , adopted o n Sep t e m ber 2 1 , 2011.

It is r ecommended to t h e Board of Directo rs that upon consideration of the comments received at the

Pub li c H earing , E l ectora l Areas " D " and " E " Regional Context Statement be given Third Reading.

Subm i tte d by :

~/!J!P.

E n do r sed by:

Rob Smailes, MCIP , RPP

Genera l Manager , P l anning and Build i ng

Page 102 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.6

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2690

A bylaw to amend Electoral Areas “D” and “E” Official Community Plan Bylaw No. 2485, 2011 and amendments thereto

WHEREAS pursuant to Section 876 [Authority to adopt a bylaw] 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, adopt one or more official community plans;

AND WHEREAS the Board has enacted the “Electoral Areas “D” and “E” Official Community

Plan Bylaw No. 2485, 2011 and amendments thereto

to provide a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan;

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 an Official Community Plan and must consider every application for an amendment to the plan;

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 is desirable and expedient to amend “Electoral Areas “D” and “E”

Official Community Plan Bylaw No. 2485, 2011”.

NOW THEREFORE, the Board of the Regional District of North Okanagan in an open meeting assembled, hereby ENACTS AS FOLLOWS:

CITATION

1. This Bylaw may be cited as Electoral Areas “D” and “E” Official Community Plan

Amendment Bylaw No. 2690, 2015”.

AMENDMENTS

2. That Schedule “A” attached to and forming part of Electoral Areas “D” and “E” Official

Community Plan Bylaw No. 2485, 2011 and amendments thereto be amended by including the following as Sections 1.6 and 1.7 and renumbering the remaining Sections accordingly:

1.6 REGIONAL GROWTH STRATEGY (RGS)

The North Okanagan Regional Growth Strategy Bylaw No. 2500, 2011 was adopted by the

Regional District on September 21, 2011. The Regional Growth Strategy provides an integrated strategic policy framework for addressing growth management, compact complete communities, economic development, transportation, other infrastructure, environmental concerns and long term regional sustainability, resilience and prosperity.

These policies play three key roles:

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November 18, 2015 - Item E.6

Page 2 of 5 Bylaw No. 2690

1) Provide direction for implementing the Regional Growth Strategy;

2) Create a common strategic framework for planning at various levels within the North

Okanagan; and,

3) Provide the vision for all levels of government to strive towards.

Much of the implementation of the Regional Growth Strategy occurs through local planning and actions. The Regional Context Statement identifies the relationship between the OCP and the policies included within the Regional Growth Strategy.

1.7 REGIONAL CONTEXT STATEMENT

The Electoral Areas “D” and “E” Official Community Plan is required by the Local

Government Act to include a Regional Context Statement that identifies the relationship between the Official Community Plan and the Regional Growth Strategy.

While the OCP and the RGS are separate documents, their content is inter-related. The

OCP is a comprehensive document which provides direction for the management of growth in the rural unincorporated communities of Electoral Areas “D” and “E” over a twenty year period. The OCP contains goals and a policy framework which directly supports the twentyone goals of the RGS.

In accordance with Section 865 of the Local Government Act, this OCP must be consistent with the RGS. All policies in the Electoral Areas “D” and “E” OCP are consistent with, or complementary to, the goals and policies of the RGS.

The RGS identifies nine key policy areas covering a broad range of issues. Within each policy area, the RGS has one or more goals, followed by more specific strategies. The

Regional Context Statement illustrates how the OCP will assist in achieving the goals and strategies established in the RGS.

Urban Containment and Rural Protection

The OCP aligns with the RGS goal of focusing development into Growth Areas by encouraging lots less than 1 ha in size to be located within the Village of Lumby. Official

Community Plan policy 5.3.3 indicates supports residential development in the “central”

Cherryville area upon receipt of a comprehensive plan or showing servicing details. Such a development would require a community sewer system or equivalent service. The current

RGS does not contemplate this type of development in “central” Cherryville but can be considered in the Five-year review to ensure consistency between the plans.

Agriculture and Food Systems

Agricultural lands within Electoral Areas “D” & “E” support extensive agricultural uses which contribute to the rural character of the area. The Agricultural policies of the OCP support a robust and diverse agricultural sector protecting and enhancing farmland by establishing minimum parcel sizes and setbacks to minimize the potential for land use conflicts and support long term agricultural use.

Water Stewardship

The OCP supports the RGS goal of managing water sustainability so all reasonable needs, including agriculture, are met in a balanced manner. The communities are opposed to interbasin transfers of water. Electoral Areas “D” and “E” recognize the value of water, supporting policies within the OCP include: public education on water supply and water testing; encouraging water conservation for all land uses and implementation of new

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November 18, 2015 - Item E.6

Page 3 of 5 Bylaw No. 2690 technologies to reduce water use; and collaboration with the province to ensure data collected by local water stewardship groups and through the development review process contributes to better stewardship of water resources over the long term.

Environment and Natural Lands

Electoral Areas “D” and “E” contain a diversity of natural features such as lakes, streams, hills, valleys, canyons, mature forests with large stem, alpine areas and open space which are home to various species such as raptors, owls, songbirds and amphibians. Many of the natural features are in a delicate balance that may be disturbed by pollution and development. The plan area contains significant natural features that help define the community and its landscapes including: Mabel Lake, Shuswap River, Cherry Creek, Ferry

Creek and their tributaries, Sugar Lake, Echo Lake, Rawlings Lake, Kettle River, Upper

Shuswap as well as Monashee Park, Camel’s Hump and Shuswap Falls. The OCP contains a number of policies which support the RGS in developing consistent, integrated environmental policies that will protect water ecosystem function, drinking water sources, and conserve and enhance biodiversity and ecological services within the Region. Policy areas include: Environmentally sensitive areas; Watercourse and riparian areas; Wildlife;

Floodplains & Alluvial Fans; Wildfire policies; Tree retention and tree expansion policies;

Energy and Conservation Policies; and Climate Change Policies.

Economic Development

The RGS promotes a regional approach to economic development and encourages a sustainable, resilient and diverse economy. The Electoral Areas “D” and “E” OCP supports the RGS goal of economic diversity to create a sustainable future with various policies including:

• fostering a wood culture -ensuring a livelihood for area residents.

• recognizing the importance of communication connectivity for businesses and families in rural areas.

• supporting initiatives to promote local food production and sale of produce and other local food products.

• promoting tourism development.

• incubating local business- machine shops and manufacturers, wildcrafting, herbal products, farmer’s markets, home based businesses and home occupations.

• supporting annual sporting and artistic events and festivals as important economic benefits to the community.

Transportation and Infrastructure

The RGS supports integrated regional transportation planning as well as managing regional transportation corridors. There is also a commitment to create effective, efficient and sustainable transportation infrastructure. The Electoral Areas “D” and “E” OCP acknowledges Highway 6 as the main highway corridor within the plan area. Over the years efforts have been made to plan a transportation network with efficient linkages between and within the rural areas. The Canadian National Railway line from Coldstream to Lumby has been designated as a transportation corridor. The OCP is supportive of the development of a Bicycle and Trail Network Plan which would consider crossovers between the road and trail network and opportunities for alternative transportation modes including: bicycle and

ATV routes, trails, a Handi-dart, school bus rides; community van, carpool and car cooperatives.

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November 18, 2015 - Item E.6

Page 4 of 5 Bylaw No. 2690

Housing

Housing choice and affordability was identified as one of the most significant challenges facing the communities of the North Okanagan during the public consultation process for the

RGS. It is a goal of the RGS to provide for a variety of housing options to meet the diverse needs of all residents within the region. Within the Electoral Areas “D” and “E” OCP secondary suites and manufactured homes have been identified as a form of affordable housing within the rural areas. The OCP does acknowledge that social housing and affordable housing projects benefit from being in close proximity to an urban location (e.g.

Lumby). The OCP also recognizes that the Electoral Area Zoning Bylaw supports a second dwelling in some zones for family members as a strategy to support aging in place with the ultimate goal of providing additional housing opportunities for seniors.

Governance and Service Delivery

The RGS strives to support regional governance based upon a foundation of regional cooperation while pursuing efficient, effective and fiscally responsible service delivery.

Residents within Electoral Areas “D” and “E” have indicated support for community participation in local government initiatives and regional collaboration however these communities are proud of their independence and self-sufficiency.

Energy and Emissions

Beginning in 2007, the province of British Columbia moved forward with a number of actions designed to encourage energy efficiency and reduce emissions of Green House Gases.

The Local Government Act requires that the Regional Growth Strategy include a GHG target and actions. The RGS has committed to a GHG emissions reduction of 15% by 2020 and

25% by 2030 from 2007 GHG emission levels. The Electoral Areas “D” and “E” OCP supports the regional target and has committed to a 25% reduction in community emissions by 2030 from 2007 GHG emission levels. Strategies and Actions have been identified including promoting pedestrian and cycling facilities; supporting provincial and federal programs to encourage energy retrofits; reduction of landfill waste; support for Smart Growth planning principles as applicable to rural areas and protection of ecosystems that perform essential ecosystem services such as cleaning air and purifying water.

Read a First Time

Bylaw considered in conjunction with the

Regional District Financial Plan and Waste

Management Plan

Read a Second Time, as amended

Advertised on this 19th day of this 19th day of this 21st day of

August, 2015

August, 2015

October, 2015 this 11th day of November, 2015 this 13th day of November, 2015 this 18th day of November, 2015 Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act

Read a Third Time

this day of , 2015

Page 106 of 137

Bylaw No. 2690

ADOPTED

Chair

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.6

Page 5 of 5 this day of , 2015

Deputy Corporate Officer

Page 107 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.7

REGIONAL DISTRICT of

NORTH OKANAGAN

REPORT

File No.: 3045.01.04

TO:

FROM:

Board of Directors

Planning Department

DATE: November 6, 2015

SUBJECT

:

Silver Star Official Community Plan Regional Context Statement

RECOMMENDATION:

That Silver Star Official Community Plan Amendment Bylaw No. 2694, 2015 be given Second Reading and be referred to a Public Hearing.

DISCUSSION:

On October 21, 2015 at the Regular Meeting of the Board of Directors, Bylaw No. 2694, 2015 received

First Reading and referral to government agencies, First Nations, Silver Star Resort and the Advisory

Planning Commission for review and comment. In addition, the Bylaw was forwarded on to the RDNO

Finance and Engineering Departments to be considered in conjunction with the financial and waste management plans.

At the time of writing this report the RDNO has not received any responses to the referral. Staff will be in touch with Silver Star Resort prior to a Public Hearing to ensure a dialog occurs in regards to the proposed Regional Context Statement.

The Regional Growth Strategy (RGS) is the coordinating plan for the Regional District of North

Okanagan and member municipalities on matters affecting the management of growth and regional sustainability. The RGS provides partners with a framework to achieve shared goals while maintaining the autonomy of local jurisdictions in their community planning decisions.

The Regional District of North

Okanagan received $250,000 from the Union of British Columbia Municipalities (UBCM) Regionally

Significant Projects Grant in February 2013 to coordinate Regional Context Statement (RCS) development and provide assistance, staff and financial resources in developing 10 municipal and

Electoral Area RCSs.

The draft RCS, developed for Silver Star Official Community Plan (OCP) Bylaw No. 1925, 2004, is attached as Silver Star Official Community Plan Amendment Bylaw No. 2694, 2015. The RCS summarizes how the OCP aligns with and supports the nine policy areas of the RGS.

BACKGROUND/HISTORY:

The Regional District of North Okanagan adopted the RGS Bylaw No. 2500 on September 21, 2011, following acceptance by all affected local governments (including the City of Armstrong, District of

Coldstream, City of Enderby, Village of Lumby, Township of Spallumcheen, City of Vernon and adjacent regional districts) and endorsement by the Electoral Area Advisory Committee.

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November 18, 2015 - Item E.7

Silver Star Official Community Plan Regional Context Statement

Report to Board of Directors – November 6, 2015 Page 2

For Electoral Areas, the goals, objectives and policies in an OCP must not be in conflict with the goals and policies of the RGS. Section 865(1) of the Local Government Act requires that: “All bylaws adopted

by a regional district board after the board has adopted a regional growth strategy, and all services undertaken by a regional district after the board has adopted a regional growth strategy, must be

consistent with the regional growth strategy”.

This means that an Electoral Area OCP, because it is adopted by bylaw, must be consistent with the

RGS and a RCS is one mechanism that can be used to demonstrate that consistency. It is important to note that formal acceptance of an Electoral Area RCS is not required under Section 866 because the

Board of Directors adopts an Electoral Area OCP Bylaw. The Regional Growth Management Advisory

Committee will be considering endorsement of Electoral Area RCSs prior to final Bylaw adoption. The adoption of an Electoral Area OCP Bylaw Amendment [RCS] will follow the normal OCP adoption process, as specified in Section 882 of the Local Government Act.

CONSULTATION PLAN:

To ensure that the RCS is aligned with the RGS in a way that retains and reflects the unique attributes of the OCP, a period of review has been included that will involve Planning Department staff, representatives from Silver Star Resort and the Electoral Area “C” Advisory Planning Commission.

The RCS work plan has been revised to reflect the remaining meetings scheduled in 2015, and is outlined in Table 1 below. Planning staff are confident the follow tasks, target dates and resulting deliverables can still be met for 2015 -2016.

Table 1: Silver Star RCS Work Plan

Target Date

October 2015

Milestone

Project Initiation, including Legislative Requirements, Project

Timelines

Report #1 Initial Draft RCS

Deliverables

Staff Report: EAAC- request 1 st Reading

Refer bylaw to external agencies, Silver Star

Resort, First Nations, RDNO departments and APC (30 days for review)

November 2015

Report #2: Second draft of RCS Bylaw for review, request 2 nd

Reading referral to Public Hearing

Staff Report: BoD

Public consultation, communications and advertising (optional)

December 2015

January 2016

Public Hearing

Report #3 Refer bylaw to RDNO Board of Directors RGMAC for endorsement

Report # 4: Report Final RCS, 3 rd Reading and Adoption

CONSULTATION REQUIREMENTS:

Public Hearing Minutes

• Staff Report to EAAC/RGMAC and BoD

Staff Report: BoD

Adopted OCP Amendment Bylaw [RCS]

Section 879 of the Local Government Act states that during amendment of an OCP, such as when developing and adopting a RCS, a jurisdiction must consider what opportunities will be provided for early consultation and with whom. The local government must:

(a) consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing; and,

(b) specifically consider whether consultation is required with: i. the board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan; ii. the board of any regional district that is adjacent to the area covered by the plan;

Page 109 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.7

Silver Star Officia

l

Community Plan Regional Context Statement

Report to Board of Directors November 6 , 2015 Pag e 3 i. the board of the regional district in which the area covered by the plan i s located , in the case of a municipal official community plan ; ii. the board of any regional district that is adjacent to the area covered by the plan ; iii. the counci l of any municipality that is adjacent to the area covered by the p l an; iv . first nations; v . schoo l district boards , greater boards and improvement district boards ; and , vi. the provincial and federal governments and their agencies.

The l evel of consultation on the development of RCSs, beyond what is required under Sect i on 879 , is at the discretion of the Board of Directors . Based upon the extensive consultation that was undertak e n during the development of the RGS and the Silver Star OCP and the nature of this proposed amendment , it is the opin i on of staff that consultation requirements , as specified in Section 879 , are the appropriate level of consultation for the preparation of an OCP Amendment Bylaw .

ANALYSIS:

The Silver Star Official Community Plan contains policies that address : Community Objectives;

Residential Lands ; Commercial Lands ; Comprehensive Development Lands ; Resort Use Lands ; Utility and Maintenance Facilities ; Indu strial Land Use Policies; Fire Smart Po l icies ; Transportation , Pub li c

Access and Parking ; Open Space and Recreation ; and Development Perm i t Areas .

The RCS has been developed as a mechanism to convey the consistency of the OCP's pol i cies and approach with the goals and strateg i es of the RGS. Overa ll , the Si lv er Star OCP policies directly support seven of the nine policy areas . The Si lv er Star OCP does not current l y contain policies related to

Agricultural and Food Systems or Energy and Emissions . There are no Agricultural lands at Silver Star and staff note that during the next Silver Star OCP comprehensive review Energy/Emissions can be addressed and incorporated into the OCP to provide further support for the i mplementation of the RGS.

SUMMARY:

The draft Silver Star Regional Context Statement , attached to this report as S i lver Star Official

Commun i ty Plan By la w No. 2694 , 2015 , demonstrates cons i stency with the goa l s of the Regional

Growth Strategy , adopted on September 21 , 2011 .

It is recommended that S ilv er Star Official Community Plan Amendment Bylaw No. 2694 , 2015 to include a Regional Context Statement be given Second Reading and referred to a Public Hearing.

Submitted by:

Wk kvl \J

·

Laura Fra 9 k , MCIP , RPP

Regional Planning Projects Manager

Endorsed by :

RobSm

~

P

General Manager , P l anning and Bui l ding

Page 110 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.7

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2694

A bylaw to amend Silver Star Official Community Plan Bylaw No. 1925, 2004 and amendments thereto

WHEREAS pursuant to Section 876 [Authority to adopt a bylaw] 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, adopt one or more official community plans;

AND WHEREAS the Board has enacted the “Silver Star Official Community Plan Bylaw No. 1925,

2004” and amendments thereto

to provide a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan;

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 an Official Community Plan and must consider every application for an amendment to the plan;

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 is desirable and expedient to amend “Silver Star Official Community

Plan Bylaw No. 1925, 2004”.

NOW THEREFORE, the Board of the Regional District of North Okanagan in an open meeting assembled, hereby ENACTS AS FOLLOWS:

CITATION

1. This Bylaw may be cited as Silver Star Official Community Plan Amendment Bylaw No.

2694, 2015”.

AMENDMENTS

2. That Schedule “A” attached to and forming part of Silver Star Official Community Plan Bylaw No.

1925, 2004 and amendments thereto be amended by including the following as Sections B and

B.1 and renumbering the remaining Sections accordingly:

B. REGIONAL GROWTH STRATEGY (RGS)

The North Okanagan Regional Growth Strategy Bylaw No. 2500, 2011 was adopted by the

Regional District on September 21, 2011. The Regional Growth Strategy provides an integrated strategic policy framework for addressing growth management, compact complete communities, economic development, transportation, other infrastructure, environmental concerns and long term regional sustainability, resilience and prosperity. These policies play three key roles:

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November 18, 2015 - Item E.7

Page 2 of 4 Bylaw No. 2694

1) Provide direction for implementing the Regional Growth Strategy;

2) Create a common strategic framework for planning at various levels within the North

Okanagan; and,

3) Provide the vision for all levels of government to strive towards.

Much of the implementation of the Regional Growth Strategy occurs through local planning and actions. The Regional Context Statement identifies the relationship between the OCP and the policies included within the Regional Growth Strategy.

B.1 REGIONAL CONTEXT STATEMENT

The Silver Star Official Community Plan is required by the Local Government Act to include a

Regional Context Statement that identifies the relationship between the Official Community

Plan and the Regional Growth Strategy.

While the OCP and the RGS are separate documents, their content is inter-related. The OCP is a comprehensive document which provides direction for the management of growth in the resort community of Silver Star over a twenty year period. The OCP contains goals and a policy framework which support the goals of the RGS.

In accordance with Section 865 of the Local Government Act, this OCP must be consistent with the RGS. All policies in the Silver Star OCP are consistent with, or complementary to, the goals and policies of the RGS.

The RGS identifies nine key policy areas covering a broad range of issues. Within each policy area, the RGS has one or more goals, followed by more specific strategies. The Regional

Context Statement illustrates how the OCP will assist in achieving the goals and strategies established in the RGS.

Urban Containment and Rural Protection

The OCP aligns with the RGS goal of focusing development into Growth Areas by encouraging resort residential use (lots less than 1 ha in size) to be located within the Village of Silver Star and not within the surrounding rural land base. There are a total of seven residential areas that currently accommodate Silver Star inhabitants with room for expansion in seven additional residential neighbourhoods. All future growth and development within the resort community is identified as occurring within the Growth Area as mapped in the RGS.

Agriculture and Food Systems

Silver Star Resort is located 22 kilometers northeast of the City of Vernon and is surrounded by Silver Star Provincial Park. Due to the elevation and topography of the area there are no lands within the resort area that fall within the Agricultural Land Reserve and thus there are no agricultural or food system policies found within the Official Community Plan.

Water Stewardship

The OCP contains policies that protect watercourses from development acknowledging the value of water for both the natural environment and human consumption. The availability of water is highlighted as an important consideration within the OCP for any future development.

This aligns with the RGS goal of protecting groundwater to ensure access to long term water supply as well as assess impacts on supply to existing users.

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November 18, 2015 - Item E.7

Page 3 of 4 Bylaw No. 2694

Environment and Natural Lands

The majority of lands within the Silver Star Official Community Plan area are forested. The forests are predominantly lodgepole pine and hemlock with an understory of fir and cedar.

These forested areas provide habitat for local wildlife and birds and where feasible and practical are to be preserved. The OCP contains a number of policies which support the RGS in developing consistent, integrated environmental policies that will protect water ecosystem function, drinking water sources, and conserve and enhance biodiversity and ecological services within the Region. Policy areas include: Open Space, Protection of the Natural

Environment, Riparian Areas and watercourse considerations.

Economic Development

Silver Star Resort offers skiing and other winter activities which are the major focus of the community with special summer entertainment programs and summer recreation sports which complement a year round resort calendar. The resort not only has a regional draw but has international reach in attracting recreation enthusiasts and investors to the area. The OCP contains commercial, resort use lands, industrial and comprehensive development policies which support the RGS goal of a sustainable, resilient and diverse regional economy.

Transportation and Infrastructure

The RGS supports integrated regional transportation planning as well as managing regional transportation corridors. There is also a commitment to create effective, efficient and sustainable transportation infrastructure. The Silver Star OCP transportation policies focus mainly on the needs for local roads and adequate right-of-ways to accommodate snow removal and pedestrian traffic. The OCP is supportive of the establishment of a new public road to connect Silver Star eastward to Trinity Valley Rd and the accommodation facilities and recreational opportunities in the Village of Lumby and Electoral Areas “D” and “E”.

Housing

It is a goal of the RGS to provide for a variety of housing options to meet the diverse needs of all residents within the region. Within the Silver Star OCP a variety of housing options are supported providing a range of development options for new residential land uses. To respond to affordable and rental housing needs, the OCP supports the development of suites.

The OCP acknowledges that ultimately the goal for Silver Star is to evolve into a selfsustaining community.

Governance and Service Delivery

The RGS strives to support regional governance based upon a foundation of regional cooperation while pursuing efficient, effective and fiscally responsible service delivery. The

Regional District has been provided legislative authority by the Province to provide local government services to Silver Star. The OCP acknowledges a commitment between the

Government of British Columbia and its ministries and agencies; the Regional District of North

Okanagan; Silver Star Ski Resort Ltd; and private citizens to cooperate and consult on matters concerning the future development and use of land around the community of Silver Star and issues of regional significance.

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Page 4 of 4 Bylaw No. 2694

Energy and Emissions

Beginning in 2007, the province of British Columbia moved forward with a number of actions designed to encourage energy efficiency and reduce emissions of Green House Gases. The

Local Government Act requires that the Regional Growth Strategy include a GHG target and actions. The RGS has committed to a GHG emissions reduction of 15% by 2020 and 25% by

2030 from 2007 GHG emission levels. The Sliver Star OCP was adopted in 2004 and therefore predates discussions regarding GHG reduction and inclusion of emission policies.

Staff note that during the next Silver Star OCP comprehensive review policies will be included that address GHG targets and actions.

Read a First Time

Bylaw considered in conjunction with the

Regional District Financial Plan and Waste

Management Plan

Read a Second Time

Advertised on

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act

Read a Third Time

ADOPTED

this 21st day of this 21st day of this this this this this this day of day of day of day of day of day of

October, 2015

October, 2015

, 2015

, 2015

, 2015

, 2015

, 2015

, 2015

Chair Deputy Corporate Officer

Page 114 of 137

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November 18, 2015 - Item E.8

REGIONAL DISTRICT of

NORTH OKANAGAN

PLANNING DEPARTMENT

INFORMATION REPORT

REZONING APPLICATION

DATE:

FILE NO.:

APPLICANT:

LEGAL DESCRIPTION:

October 15, 2015

15-0379-E-RZ

Eugene & Sonja Foisy

Lot 1, Sec 27, Twp 57, ODYD, Plan 19296, Except Plans 24045 and 25218

P.I.D.#

CIVIC ADDRESS:

PROPERTY SIZE:

SERVICING:

008-078-777

39 Specht Road

5.8 ha (14.3 ac)

On-site septic sewage disposal and drilled water well

PRESENT ZONING:

PROPOSED ZONING:

Non-Urban (N.U)

Country Residential (C.R)

O.C.P. DESIGNATION: Country Residential

PROPOSED USE:

Subdivision to create one additional lot

PLANNING DEPARTMENT RECOMMENDATION:

That Zoning Amendment Bylaw No. 2698, 2015 which proposes to rezone the property legally described as Lot 1, Sec 27, Twp 57, ODYD, Plan 19296, Except Plans 24045 and 25218 and located at 39 Specht Road, Electoral Area “E” from the Non-Urban (N.U) Zone to the Country

Residential (C.R) Zone be given First and Second Readings and be forwarded to a Public

Hearing.

BACKGROUND:

This report relates to an application to rezone the property located at 39 Specht Road from the

Non-Urban (N.U) zone to the Country Residential (C.R) zone. If successful, the applicant proposes to subdivide the 5.78 ha lot into two lots of approximately 2.4 ha and 3.4 ha.

Site Context

The subject property is located within Electoral Area “E” on the north side of Specht Road between

Highway 6 to the south and North Fork Road to the north.

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Rezoning Application

15-0379-E-RZ (Eugene & Sonja Foisy)

Page 2

From its frontage on Specht Road, the property widens and slopes downward towards Cherry

Creek which flows from east to west along the northerly boundary of the property. An existing single family dwelling, manufactured home, carport, shop, and two wells are situated on the upper

(south) half of property. These buildings are accessed by a driveway which connects to Specht

Road. The lower (north) half of the property has been cleared and was previously used as a mill site. The applicant reports that the mill has not operated for 12 – 15 years, the mill and planer equipment has been sold, and the buildings are to be dismantled and removed.

The following orthophoto of the subject and surrounding properties was taken in 2007.

The subject property is designated in the Electoral Areas “D” and “E” Official Community Plan as

Country Residential and it is zoned Non-Urban (N.U). The subject and surrounding properties are not within the Agricultural Land Reserve. The OCP designation and zoning of adjacent properties are as follows:

• North (north of Cherry Creek) – designated Small Holding and zoned Small Holding (S.H)

• Northeast (north of Cherry Creek) – designated Country Residential and zoned Country

Residential (C.R)

• East – designated Country Residential, zoned Non-Urban (N.U)

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Rezoning Application

15-0379-E-RZ (Eugene & Sonja Foisy)

Page 3

• South (south side of Specht Road) – designated Small Holding and zoned Small Holding (S.H)

• West – designated Country Residential and Small Holding, zoned Non-Urban *N.U)

The Proposal

The applicant proposes to rezone the subject property from the Non-Urban (N.U) Zone to the

Country Residential (C.R) Zone to allow the property to be subdivided into two parcels of approximately 2.4 ha and 3.4 ha respectively. The proposed subdivision has been designed such that the westerly lot would encompass the existing manufactured home and well which serves it and the easterly lot would encompass the existing single family dwelling and well which serves it.

A new driveway is proposed to be constructed to service the proposed westerly lot while the existing driveway will continue to provide access to the existing single family dwelling.

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 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 applicant proposes 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 however the range of resource uses is more limited. The minimum parcel size in the C.R zone is 2 ha. Under the

C.R zone, properties which are located outside of the ALR are permitted to have one single family dwelling or one two family dwelling or one manufactured home, and one additional single family dwelling on lots 4 ha or larger, 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 m

2

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 a private access driveway meeting the width and slope standards of Section 310 of the Zoning

Bylaw. 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:

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November 18, 2015 - Item E.8

Rezoning Application

15-0379-E-RZ (Eugene & Sonja Foisy)

Page 4

1. The OCP states that Rural Residential lands should conform to the following requirements: a. outside the Agricultural Land Reserve; b. not in an area with excessive slopes; c. not in an area that has high capacity for other uses such as gravel extraction, mining, or forest development; d. not subject to flooding or in an area with a high water table; e. not subject to excessive expenditures for services such as roads, electric power and school bussing; f. contains suitable building sites; g. contains sewage disposal areas; h. contains adequate water supplies as specified in the Subdivision Servicing Bylaw; i. does not destroy or alienate important habitat for fish and wildlife; and j. 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.

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. In this regard, it is noted that the existing building sites are located above the flood construction level and beyond the floodplain setback identified in the Zoning Bylaw for Cherry Creek. Additional or new building sites could also be developed in this regard;

• not be subject to excessive expenditures for services such as roads, electric power and school bussing. In this regard, it is noted that the subject property is located within an area where such services currently exist;

• have the potential to be serviced with sewage disposal areas. In this regard, it is noted that the proposed new lots would be serviced with existing sewage disposal areas;

• have the potential to produce adequate water supplies. In this regard, it is noted that the proposed new lots would be serviced with existing wells. The applicant has submitted well logs for the two existing wells which indicate well yields of 20 US gpm and 10 US gpm. Also, it is noted that the Regional District’s Subdivision Servicing Bylaw does not require proof of water for proposed subdivisions within Electoral Area “E”;

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Rezoning Application

15-0379-E-RZ (Eugene & Sonja Foisy)

Page 5

• not detrimentally affect neighbouring properties and the community as a whole as there are other Small Holding (S.H) and Country Residential (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 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.

It is noted that the proposed subdivision may require the approval of a lot frontage waiver request.

If such approvals are required, it is further noted that the proposal would comply with the Regional

District’s Lot Frontage Waiver Policy as each lot would have 20 m or more of road frontage and the existing building sites on the lots would be accessible by a driveway which meets the private driveway access standards of the Regional District Zoning Bylaw.

SUMMARY:

This report relates to an application to rezone the property located at 39 Specht Road. The

Planning Department recommends that Zoning Amendment Bylaw No. 2698, 2015 be given First and Second Readings and be referred to a Public Hearing as the proposal is generally consistent with the policies contained in the Electoral Areas “D” and “E” Official Community Plan.

REFERRAL COMMENTS:

The application was referred for comments to the following:

1. Electoral Area “E” Director

2. Electoral Area “E” Advisory Planning Commission

3. Electoral Area Advisory Committee

4. Building Inspection Department

5. 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 also noted that their approval does not constitute approval for any future subdivision and a full review will be performed at the time of subdivision application.

6. Ministry of Environment / Ministry of Forests, Lands and 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 the provincial RAR guidelines.

Page 119 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.8

Rezoning Application

15-0379 E RZ (Eugene & Sonja Foisy) Page 6

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 Guide l ines for Urban & Rural Land

Development). 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:

K~

Rob Smailes , MCIP, RPP

General Manager, Planning and Building

Reviewed by:

/l

\iJ

~

Deputy P

: : =

anager

Page 120 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.8

ELECTORAL AREA "E"

REZONING APPLICATION

SUBJECT PROPERTY MAP

File: 15-0379-E-RZ

Applicant: Eugene & Sonja Foisy

Location: 39 Specht Road

Page 121 of 137

SITE PLAN

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.8

PROPOSED

SUBDIVISION

2 - 2.8 ha

{5- 7 ac)

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

--..,

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"T

2.8 - 3.6 ha

(7 - 9 ac)

Page 122 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.8

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2698

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 the Regional District of North Okanagan in open meeting assembled, hereby ENACTS AS FOLLOWS:

CITATION

1. This Bylaw may be cited as “Zoning Amendment Bylaw No. 2698, 2015”.

AMENDMENTS

2. The property legally described as Lot 1, Sec 27, Twp 57, ODYD, Plan 19296, Except Plans

24045 and 25218 and located at 39 Specht Road, Electoral Area “E” is hereby rezoned from the Non-Urban [N.U] Zone to the Country Residential [C.R] Zone.

3. The Zoning Map, being Schedule “A” to Zoning Bylaw No. 1888, 2003 is hereby amended accordingly.

Read a First and Second Time

Advertised on this this this

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act this

Page 123 of 137 day of day of day of day of

, 2015

, 2015

, 2015

, 2015

Bylaw No. 2698

Read a Third Time

Approved by Minister of Transportation and

Infrastructure

(Transportation Act s. 52(3))

ADOPTED

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.8

Page 2 of 2 this this this day of day of day of

, 2015

, 2015

, 2015

Chair Deputy Corporate Officer

Page 124 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.11

REGIONAL DISTRICT of

NORTH OKANAGAN

REPORT

File No.: 57 00.09.10.01

TO

:

FROM:

DATE:

SUBJECT:

Greater Vernon Advisory Committee

Engineering Department

October 29, 2015

2015 Asset Management Grant Program Application

RECOMMENDATION:

That it be recommended to the Board of Director s, the funding app li cation for $10,000 to th e Union of British Co lumbi a Municipalities Asset Management Planning Grant, for Greater Vernon Wat e r to comp l ete a Sustainable Infrastructure Investment Plan , be endorsed; and further ,

That the funding of the Greater Vernon Wat e r s hare ( $ 10 , 000) will be funded from the ex isting op e rating budget.

DISCUSSION:

The Union of Br iti sh Columbia Municipaliti es (UBCM) ha s a n Asset Manag e m en t P l anning Grant p rogram to assist l oca l governments in de li vering s u sta inabl e se rvi ces by ex t e nding and deepening asset manag e m e nt practices within their organizations. The Grant will provide up to

$10,000 with m atc hing funding to support ac ti v iti es th a t advance a l oca l government's asse t management pl a nning or practic es , and facilitate better integration of asset manag e m e nt plannin g with l ong t er m financial p l ann in g.

S t a ff h as been working with the Univer s ity of British Co lum bia - Okanagan (UBCO) to dev e lo p a

GIS based mod e l to ass i s t s taff in the id en tification and prior i tizat i on of infr astructure r e n e w a l projects and in co mpl e ting Lifecycle Costs of assets. The mod e l , e ntitl ed th e " Risk Based Lif e

Cycle Asset Manag eme nt Too l for Wat e r P ip es Assessment" will ass i s t staff in making inform ed decis i ons on infra s tructur e renewa l for wat e rmain s but does not determine the a ppropriat e l e v e l of funding requir e d to e n s ure a s u s tain ab l e utility .

Currently Greater Vernon Water (GVW) budg e ts ap pro x im a t e ly $2 Million an nually in the cap it a l works budget for " In f r as tru c tur e Renewa l " . Technica l M e mor a ndum (TM) 8 of th e 20 1 2 G VW

Mast e r W a t e r Plan co mpl e t ed a pre limin a ry assess m e nt of th e annua l r ep l ace m e nt costs amo rti zed over 25 y ea r s for w a t er m a in s only with a r eco mm e nd ed a nnu a l input of $2.8 Milli on .

Th e a n a ly s i s in TM 8 was co mpl e t e d u s in g a s implifi ed ca l cu l a ti o n with ge n e r a l assu mption s a n d not on spec ifi c r ev i ew o f pipe by pipe detai l s of the GVW inv e nt ory .

To furth er deve l op the GVW Asset M anage m e nt P l a n a nd understand the renewa l r equ ir eme nt s for G VW, s t a ff wou l d lik e to co mpl e t e a S u s t a in ab l e Inf rastructure In vestment P l a n (S ll P) that exa min es a ll of the GVW infr astr u ct ur e in c ludin g pump h o u ses, pressure r ed u c in g valves, dams, reservo ir s a nd a ll app urt e n a n ces in add iti o n t o exa minin g th e watermain r enewa l n eeds spec ifi c

Page 125 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item E.11

Page 2 of 2 to the inventory of GVW watermains. To assist in funding the development the SllP, staff will apply for the UBCM Asset Management Planning Grant for $10 , 000.

FINANCIAL

I

BUDGETARY CONSIDERATIONS :

The Regional District of North Okanagan will be applying for the UBCM Asset Management

Planning Grant for the development of a SllP for a total cost estimate of $20,000. If the grant application is successful, the UBCM will fund $10 , 000 with $10,000 funded from the 2016 GVW operations budget. If the application is not successful , the project will be reasses sed during the

2016 budget process.

PERSONNEL IMPLICATIONS:

A consultant will be hired to complete the work and staff time will be restricted to working with the co nsultants to complete the project.

Reviewed and Endorsed b :

Gen ral Manager , Finance

Page 126 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - 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, November 5, 2015.

Members: Director J. Cunningham

Alternate Director J. Garlick

Councillor G. Kiss

Director B. Fleming

Director M. Macnabb

Alternate Director B. Spiers

Director A. Mund

T. Osborn

Staff: D. Sewell

City of Vernon

District of Coldstream

District of Coldstream

Electoral Area “B”

Electoral Area "C"

City of Vernon

City of Vernon

Agricultural Representative

Chief Administrative Officer

Chair

Vice Chair

D. McTaggart

S. Banmen

K. Pinkoski

P. Juniper

*Z. Marcolin

*J. Miles

L. Schrauwen

*B. Johnstone

Also Present: Director R. Fairbairn

Director D. Dirk

*Councillor G. Taylor

Director C. Lord

T. Ouchi

Media and Public

* Denotes presence for part of meeting

General Manager, Engineering

General Manager, Finance

Manager, Parks

Deputy Corporate Officer

Manager, Greater Vernon Water

Water Sustainability Coordinator

Executive Assistant, Engineering

Accounts Receivable Clerk

Electoral Area “D”

District of Coldstream

District of Coldstream

City of Vernon

Board Chair

Alternate Agricultural Representative

CALL MEETING TO ORDER

The meeting was called to order at 8:00 a.m.

APPROVAL OF AGENDA – AMENDED

Greater Vernon Advisory Committee – November 5, 2015

Moved and seconded by Directors Mund and Macnabb

That the Amended Agenda of the November 5, 2015 Greater Vernon Advisory Committee meeting be approved as presented.

CARRIED

Page 127 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item G.1a

Greater Vernon Advisory Committee

Minutes – Regular - 2 - November 5, 2015

ADOPTION OF MINUTES

Greater Vernon Advisory Committee – October 8, 2015

Moved and seconded by Director Macnabb and Alternate Director Garlick

That the minutes of the October 8, 2015 Greater Vernon Advisory Committee meeting be adopted as circulated.

CARRIED

Greater Vernon Advisory Committee – Special – October 15, 2015

Moved and seconded by Directors Fleming and Mund

That the minutes of the October 15, 2015 Greater Vernon Advisory Committee Special meeting be adopted as circulated.

CARRIED

NEW BUSINESS

Review of Greater Vernon Water Rates and Fees Structure

The General Manager, Engineering provided a presentation regarding the Greater Vernon Water proposed 2016 rate structure.

Councillor Kiss gave notice of his intention to propose a notice of motion to provide a presentation of an alternate Greater Vernon Water rates structure at the next regular Greater Vernon Advisory

Committee meeting.

Moved and seconded by Agricultural Representative Osborn and Director Fleming

That the report dated October 28, 2015 from the General Manager, Engineering regarding the review of the Greater Vernon Water rates and fees structure be received for discussion.

CARRIED

Parks and Water Development Cost Charges (DCCs) – Non-profit Housing

The General Manager, Finance provided information regarding Parks and Water DCCs for nonprofit housing.

Moved and seconded by Alternate Directors Spiers and Garlick

That it be recommended to the Board of Directors, staff be directed to prepare a text amendment bylaw to amend the Parks and Water Development Cost Charge (DCC) bylaws to:

− exempt the DCC fees for non-profit rental housing; and

− charge DCCs on developments of less than four (4) units.

CARRIED

2015 Asset Management Grant Program Application

A motion relating to the 2015 Asset Management Grant Program Application was moved and seconded by Directors Fleming and Mund. After debate and housekeeping amendments, the following motion was voted on:

That it be recommended to the Board of Directors, the funding application for $10,000 to the Union

Page 128 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item G.1a

Greater Vernon Advisory Committee

Minutes – Regular - 3 - November 5, 2015 of British Columbia Municipalities Asset Management Planning Grant, for Greater Vernon Water to complete a Sustainable Infrastructure Investment Plan, be endorsed; and further,

That funding of the Greater Vernon Water share ($10,000) will be allocated to the 2016 operating budget.

CARRIED

REPORTS

Greater Vernon Water 2012 Master Water Plan Stakeholder Advisory Committee Meeting

Minutes

Moved and seconded by Directors Fleming and Mund

That the minutes of the October 22, 2015 Greater Vernon Water 2012 Master Water Plan

Stakeholder Advisory Committee meeting be received for information.

CARRIED

IN CAMERA

Moved and seconded by Directors Mund and Fleming

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), (g) and (k) of the Community Charter.

CARRIED

ADJOURNMENT

The regular meeting of the Greater Vernon Advisory Committee adjourned to meet In Camera at

9:42 a.m.

The regular meeting of the Greater Vernon Advisory Committee reconvened at 10:12 a.m.

There being no further business, the meeting was adjourned at 10:12 a.m.

CERTIFIED CORRECT

Chair

Juliette Cunningham

Deputy Corporate Officer

Paddy Juniper

Page 129 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - 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, November 5, 2015.

Members: Director B. Fleming

Director M. Macnabb

Director R. Fairbairn

Director H. Cameron

Alternate Director D. Delisle

Staff: L. Mellott

R. Smailes

G. Routley

L. Frank

*D. Sewell

*D. McTaggart

C. Elley

Electoral Area “B”

Electoral Area “C”

Electoral Area “D”

Electoral Area “E”

Electoral Area “F”

General Manager, Electoral Area Administration

General Manager, Planning and Building

Deputy Planning Manager

Regional Planning Projects Manager

Chief Administrative Officer

General Manager, Engineering

Clerk, Electoral Area Administration

Chair

Vice Chair

Also

Present:

Public

* Denotes presence for part of meeting

CALL MEETING TO ORDER

The meeting was called to order at 2:00 p.m.

APPROVAL OF AGENDA

Regular Agenda – November 5, 2015

Moved and seconded by Director Cameron and Alternate Director Delisle

That the Agenda of the November 5, 2015 Electoral Area Advisory Committee meeting be approved with the following additions:

− Item E.10 - Community Works Fund

− Item E.11- Safe Communities

− In Camera Item - 90(1)(k)

CARRIED

ADOPTION OF MINUTES

Electoral Area Advisory Committee – October 8, 2015

Moved and seconded by Directors Fairbairn and Macnabb

That the minutes of the October 8, 2015 Electoral Area Advisory Committee Meeting be adopted as circulated.

CARRIED

Page 130 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item G.1b

Electoral Area Advisory Committee

Minutes – Regular - 2 - November 5, 2015

DELEGATIONS

Vernon / North Okanagan Safe Communities Unit

Moved and seconded by Directors Macnabb and Cameron

That the report dated October 27, 2015 from the Vernon / North Okanagan Detachment – Safe

Communities Unit be received for information.

CARRIED

Development Variance Permit Application

51 Foxwood Road, Electoral Area “F”

STEFANYK, K. [File 15-0355-F-DVP]

Kevin Stefanyk (applicant) spoke in favour of the application.

Shaun Poggemoeller 7094 Foothills Place spoke in favour of the application.

The Deputy Planning Manager, advised that one written submission had been received from the following persons:

– Terri Gardiner, Jason and Lori Paul, 51 Foxwood Road, Grindrod - Opposed

Rezoning Application

39 Specht Road, Electoral Area “E”

FOISY, E. and S. [File 15-0379-E-RZ]

No one present to speak to the application.

Development Permit with Variances Application

6253, 6261 AND 6314 Highway 97A, Electoral Area “F”

POGGEMOELLER, S. [File 15-0235-F-DVP / 15-0236-F-DVP]

Shaun Poggemoeller (applicant) spoke in favour of the application.

The Deputy Planning Manager, advised that three written submissions had been received from the following persons:

– Michael Bouchard, 465 Brickyard Road, Enderby - Opposed

– June Ferguson, 6231 Hwy 97 A, Enderby - Opposed

– Iris and Roy van Ryswyk, 209 Glenmary Road, Enderby - In favour

Development Permit with Variances Application

7905 Greenhow Road, Electoral Area “B”

Castle at Swan Lake c/o Jacqueline Brooks [File 15-0360-B-DP / 15-0361-B-DVP]

Jacqueline Brooks (applicant) spoke in favour of the application.

The Deputy Planning Manager, advised that one written submission had been received from the following person:

– Robert Barone, 7921 Greenhow Road, Vernon - In favour

Page 131 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item G.1b

Electoral Area Advisory Committee

Minutes – Regular - 3 - November 5, 2015

NEW BUSINESS

Development Variance Permit Application

51 Foxwood Road, Electoral Area “F”

STEFANYK, K. [File 15-0355-F-DVP]

Moved and seconded by Alternate Director Delisle and Director Fairbairn

That it be recommended to the Board of Directors, a Development Variance Permit be issued for the property legally described as Lot B, DL 526, KDYD, Plan KAP60768 and located at 51

Foxwood Road, Electoral Area “F” to allow a variance to Table 1 of Division 1601 of the Regional

District of North Okanagan Zoning Bylaw No. 1888, 2003 by reducing the front and side yard setbacks of a poultry barn from 30 m to 15 m and 9.14 m as shown on the plans attached to the

Planning Department report dated October 2, 2015 subject to the following:

1. the existing stand of coniferous trees along the south and west property lines must be retained as shown on the plans attached to the Planning Department report dated October 2, 2015;

2. a solid double row of mixed coniferous plantings with foliage from base to crown and a finished height of at least 6 metres be planted along the west property line as shown on the plans attached to the Planning Department report dated October 2, 2015;

3. fan hoods be used on the west side of the barn to vent exhaust towards the ground.

CARRIED

OPPOSED - Director Macnabb

Rezoning Application

39 Specht Road, Electoral Area “E”

FOISY, E. and S. [File 15-0379-E-RZ]

Moved and seconded by Directors Cameron and Macnabb

That it be recommended to the Board of Directors, Zoning Amendment Bylaw No. 2698, 2015 which proposes to rezone the property legally described as Lot 1, Sec 27, Twp 57, ODYD, Plan

19296, Except Plans 24045 and 25218 and located at 39 Specht Road, Electoral Area “E” from the Non-Urban (N.U) Zone to the Country Residential (C.R) Zone be given First and Second

Readings and be forwarded to a Public Hearing.

CARRIED

Development Permit with Variances Application

6253, 6261 AND 6314 Highway 97A, Electoral Area “F”

POGGEMOELLER, S. [File 15-0235-F-DVP / 15-0236-F-DVP]

Moved and seconded by Alternate Director Delisle and Director Cameron

That it be recommended to the Board of Directors, a Development Permit with Variances be issued for the properties legally described as Lot 1, Sec 2, Twp 19, R9, W6M, KDYD, Plan 4734

AND Lot 2, Sec 2, Twp 19, R9, W6M, KDYD, Plan 1548 AND That Part NW 1/4, Sec 2, Lying W of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: Plan R170 and Parcel A

(DD134553F) and located at 6253, 6261 AND 6314 Highway 97A, Electoral Area “F” to allow variances to the following Sections of the Regional District of North Okanagan Zoning Bylaw No.

1888, 2003:

1. Section 602.10.i by reducing the front yard setback of an outside storage area (log / lumber storage yard area) from 9 m to 2 m;

2. Section 1501.1.a.i by waiving the requirement to screen an outside storage area (log / lumber storage yard area);

Page 132 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item G.1b

Electoral Area Advisory Committee

Minutes – Regular - 4 - November 5, 2015

3. Section 1501.2.a.ii by reducing the requirement for a 7.5 m wide landscaped buffer along the west side of the subject properties which are adjacent to Highway 97A to a 2 m wide landscaped buffer along a 230 m long portion of the west side of the subject properties;

4. Section 602.9.c by reducing the rear yard setback of a dry lumber storage building from 9 m to 0.5 m;

5. Section 602.9.c by reducing the rear yard setback of a dry kiln / dry lumber storage building from 9 m to 7.6 m;

6. Sections 602.9.c and 602.9d by reducing the rear and side yard setbacks of a fire truck / mechanic building from 9 m to 7.6 m and 6 m to 5.0 m respectively;

7. Section 602.9.d by reducing the side yard setback of a weigh scale control building from 6 m to 5.0 m;

8. Section 1101.2.e.iii by waiving the requirement that off-street parking areas be paved;

9. Section 1101.2.f by waiving the requirement that off-street parking areas be curbed;

10. Section 1201.6.c by waiving the requirement that off-street loading areas be curbed;

11. Section 1201.6.d. by waiving the requirement off-street loading areas be paved;

12. Table 3 of Section 1601 by reducing the front yard setback of an accessory farm building (hay storage) from 7.5 m to 5.8 m; and further,

That a Development Permit with Variances be issued for the properties legally described as Lot

1, Sec 2, Twp 19, R9, W6M, KDYD, Plan 4734; AND Lot 2, Sec 2, Twp 19, R9, W6M, KDYD,

Plan 1548; AND That Part NW 1/4, Sec 2, Lying W of the Spallumcheen River, Twp 19, R9, W6M,

KDYD, Except: Plan R170 and Parcel A (DD134553F) and located at 6253, 6261 and 6314

Highway 97A, Electoral Area “F” subject to the following:

1. the dimensions and siting of the buildings to be constructed on the land and the subdivision of the lands be in general accordance with the building location plan attached to the Planning

Department report dated October 8, 2015;

2. 82 gravel parking spaces and associated maneuvering aisles be provided in accordance with the parking plan attached to the Planning Department report dated October 8, 2015;

3. 5 gravel loading spaces be provided in accordance with the parking plan attached to the

Planning Department report dated October 8, 2015;

4. access aprons be paved in accordance with the specifications of the Ministry of Transportation and Infrastructure;

5. a portion of the outside storage areas shall be screened / landscaped in accordance the screening / landscaping plan attached to the Planning Department report dated October 8,

2015;

6. a buffer be provided between the subject properties and the adjacent lands to the north which are located in the Agricultural Land Reserve;

7. a Section 219 Restrictive Covenant be registered on the title of the subject properties to require that all construction meet the Floodplain Setbacks and Flood Construction Levels of the Shuswap River and to save harmless the Regional District from losses or damages that may be caused due to flooding;

8. the subject 4.9 ha portion of the property legally described as That Part NW 1/4, Sec 2, Lying

W of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: Plan R170 and Parcel A

(DD134553F) be consolidated with the property legally described as Lot 2, Sec 2, Twp 19,

R9, W6M, KDYD, Plan 1548; and further,

That prior to issuance of the Development Permit with Variances, security be provided in an amount equal to 1.25 times the estimated cost of installing the screening and landscaping and the gravel associated with the parking, loading and driveway areas. The estimate must be prepared by a qualified contractors.

CARRIED

Page 133 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item G.1b

Electoral Area Advisory Committee

Minutes – Regular - 5 - November 5, 2015

Development Permit with Variances Application

7905 Greenhow Road, Electoral Area “B”

Castle at Swan Lake c/o Jacqueline Brooks [File 15-0360-B-DP / 15-0361-B-DVP]

Moved and seconded by Directors Fairbairn and Macnabb

That it be recommended to the Board of Directors, a Development Permit with Variances be issued for the property legally described as Lot B, Sections 25 and 26, Twp 8, ODYD, Plan 34092 and located at 7905 Greenhow Road, Electoral Area “B” to vary the following Sections of Regional

District of North Okanagan Zoning Bylaw No. 1888, 2003:

- Section 1401.4.j by waiving the requirement that free standing signs be placed in and coordinated with landscaped areas;

- Section 1401.7.a.ii by increasing the size of a free standing sign from 1.75 m2 to 11.15 m2;

- Section 1401.7.c by increasing the height of a free standing sign from 6.0 m to 9.09 m.

CARRIED

Bylaw 2670 - Building Bylaw

Moved and seconded by Directors Macnabb and Cameron

That it be recommended to the Board of Directors, Building Bylaw No. 2670, 2015, be given

Second Reading as amended; and further,

That Building Bylaw No. 2670, 2015 be given Third Reading; and further,

That Building Bylaw No. 2670, 2015 be Adopted.

CARRIED

Shuswap River Ambassadors

Moved and seconded by Director Fairbairn and Alternate Director Delisle

That the Shuswap River Ambassadors Year End Report dated September 25, 2015 and hand launch addendum, be received for information.

CARRIED

Ministry of Agriculture - Draft Bylaw Standards on Agri-tourism and Farm Retail Sales

Moved and seconded by Directors Cameron and Macnabb

That the report dated September 14, 2014 from the Ministry of Agriculture regarding regulation of agri-tourism and farm retail sales in the Agricultural Land Reserve be received for information.

CARRIED

Climate Action Initiative

Moved and seconded by Directors Macnabb and Fairbairn

That the invitation from the Climate Action Initiative regarding Okanagan agricultural adaptation strategies be received for information.

CARRIED

Page 134 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item G.1b

Electoral Area Advisory Committee

Minutes – Regular - 6 - November 5, 2015

Engineering – Capital Projects

The Electoral Area Directors put forward capital works projects for consideration:

AREA “B”

– Looping project (Clover to Rimer to L&A)

– Looping project (Elmwood frontage to Meadowlark)

AREA “C”

– Drainage

– Hydrants

AREA “D”

– Whitevale water (new pumps and generators)

– Mabel Lake Hall – UV System

– Gazebo (Sewer and Water)

The General Manager, Engineering advised that the projects would be included for discussion at an upcoming Greater Vernon Advisory Committee meeting.

Community Works Fund – Project No. 103 (Liquid Waste Management Plan Scope of Work)

Moved and seconded by Directors Fleming and Macnabb

That it be recommended to the Board of Directors that an additional $25,000 of Community Works funding (Electoral Areas “B” and “C”) be approved for the Liquid Waste Management Plan Scope of Work project (CWF Project No. 103), bringing the total to $40,000.

CARRIED

Safe Communities – Vehicle

Moved and seconded by Directors Macnabb and Cameron

That it be recommended to the Board of Directors that the budget for Electoral Area Safe

Communities (442) be amended to include an expenditure of $26,000 for a vehicle, funded from the Operating Reserve.

CARRIED

REPORTS

Advisory Planning Commission Meetings

Moved and seconded by Director Fairbairn and Alternate Director Delisle

That the minutes of the following Advisory Planning Commission meetings be received for information:

− Electoral Area “B” – Meeting of October 28, 2015

− Electoral Area “E” – Meeting of October 26, 2015

− Electoral Area “F” – Meeting of October 19, 2015

CARRIED

Building Inspections Statistical Reports

Moved and seconded by Directors Cameron and Macnabb

That the September 2015 Building Inspections Statistical Reports and the October 2015 Building

Inspection Revenue Report be received for information.

CARRIED

Page 135 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item G.1b

Electoral Area Advisory Committee

Minutes – Regular - 7 - November 5, 2015

General Manager’s Report

The General Manager, Electoral Area Administration provided an update on the following matters:

− Referendum - planning / preparation being finalized

− RDNO Christmas Party - December 4th – tickets available at Reception

− “B” and “C” website starting to be used for enquiries from the public

IN CAMERA

Moved and seconded by Directors Fairbairn and Cameron

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)(c)(k) of the Community Charter.

CARRIED

The regular meeting of the Electoral Area Advisory Committee adjourned to meet In Camera at

4:25 p.m.

The regular meeting of the Electoral Area Advisory Committee reconvened at 6:30 p.m.

Inter-Municipal Emergency Operations Service Contract

Moved and seconded by Directors Macnabb and Cameron

That it be recommended to the Board of Directors that Inter-Municipal Emergency Operations

Service Contract Withdrawal Bylaw No. 2699, 2015 be given First, Second and Third readings; and further,

That Inter-Municipal Emergency Operations Service Contract Withdrawal Bylaw No. 2699, 2015 be Adopted.

CARRIED

ADJOURNMENT

There being no further business, the meeting was adjourned at 6:30 p.m.

CERTIFIED CORRECT

Chair

Bob Fleming

General Manager

Leah Mellott

Page 136 of 137

Electoral Area Advisory Committee

Minutes – Regular - 8 -

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Item G.1b

November 5, 2015

Page 137 of 137

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Additional Item E.6

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2690

A bylaw to amend Electoral Areas “D” and “E” Official Community Plan Bylaw No. 2485, 2011 and amendments thereto

WHEREAS pursuant to Section 876 [Authority to adopt a bylaw] 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, adopt one or more official community plans;

AND WHEREAS the Board has enacted the “Electoral Areas “D” and “E” Official Community

Plan Bylaw No. 2485, 2011 and amendments thereto

to provide a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan;

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 an Official Community Plan and must consider every application for an amendment to the plan;

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 is desirable and expedient to amend “Electoral Areas “D” and “E”

Official Community Plan Bylaw No. 2485, 2011”.

NOW THEREFORE, the Board of the Regional District of North Okanagan in an open meeting assembled, hereby ENACTS AS FOLLOWS:

CITATION

1. This Bylaw may be cited as Electoral Areas “D” and “E” Official Community Plan

Amendment Bylaw No. 2690, 2015”.

AMENDMENTS

2. That Schedule “A” attached to and forming part of Electoral Areas “D” and “E” Official

Community Plan Bylaw No. 2485, 2011 and amendments thereto be amended by including the following as Sections 1.6 and 1.7 and renumbering the remaining Sections accordingly:

1.6 REGIONAL GROWTH STRATEGY (RGS)

The North Okanagan Regional Growth Strategy Bylaw No. 2500, 2011 was adopted by the

Regional District on September 21, 2011. The Regional Growth Strategy provides an integrated strategic policy framework for addressing growth management, compact complete communities, economic development, transportation, other infrastructure, environmental concerns and long term regional sustainability, resilience and prosperity.

These policies play three key roles:

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Additional Item E.6

Page 2 of 5 Bylaw No. 2690

1) Provide direction for implementing the Regional Growth Strategy;

2) Create a common strategic framework for planning at various levels within the North

Okanagan; and,

3) Provide the vision for all levels of government to strive towards.

Much of the implementation of the Regional Growth Strategy occurs through local planning and actions. The Regional Context Statement identifies the relationship between the OCP and the policies included within the Regional Growth Strategy.

1.7 REGIONAL CONTEXT STATEMENT

The Electoral Areas “D” and “E” Official Community Plan is required by the Local

Government Act to include a Regional Context Statement that identifies the relationship between the Official Community Plan and the Regional Growth Strategy.

While the OCP and the RGS are separate documents, their content is inter-related. The

OCP is a comprehensive document which provides direction for the management of growth in the rural unincorporated communities of Electoral Areas “D” and “E” over a twenty year period. The OCP contains goals and a policy framework which directly supports the twentyone goals of the RGS.

In accordance with Section 865 of the Local Government Act, this OCP must be consistent with the RGS. All policies in the Electoral Areas “D” and “E” OCP are consistent with, or complementary to, the goals and policies of the RGS.

The RGS identifies nine key policy areas covering a broad range of issues. Within each policy area, the RGS has one or more goals, followed by more specific strategies. The

Regional Context Statement illustrates how the OCP will assist in achieving the goals and strategies established in the RGS.

Urban Containment and Rural Protection

The OCP aligns with the RGS goal of focusing development into Growth Areas by encouraging lots less than 1 ha in size to be located within the Village of Lumby. Official

Community Plan policy 5.3.3 indicates supports residential development in the “central”

Cherryville area upon receipt of a comprehensive plan or showing servicing details. Such a development would require a community sewer system or equivalent service. The current

RGS does not contemplate this type of development in “central” Cherryville but can be considered in the Five-year review to ensure consistency between the plans.

Agriculture and Food Systems

Agricultural lands within Electoral Areas “D” & “E” support extensive agricultural uses which contribute to the rural character of the area. The Agricultural policies of the OCP support a robust and diverse agricultural sector protecting and enhancing farmland by establishing minimum parcel sizes and setbacks to minimize the potential for land use conflicts and support long term agricultural use.

Water Stewardship

The OCP supports the RGS goal of managing water sustainability so all reasonable needs, including agriculture, are met in a balanced manner. The communities are opposed to interbasin transfers of water. Electoral Areas “D” and “E” recognize the value of water, supporting policies within the OCP include: public education on water supply and water testing; encouraging water conservation for all land uses and implementation of new

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Additional Item E.6

Page 3 of 5 Bylaw No. 2690 technologies to reduce water use; and collaboration with the province to ensure data collected by local water stewardship groups and through the development review process contributes to better stewardship of water resources over the long term.

Environment and Natural Lands

Electoral Areas “D” and “E” contain a diversity of natural features such as lakes, streams, hills, valleys, canyons, mature forests with large stem, alpine areas and open space which are home to various species such as raptors, owls, songbirds and amphibians. Many of the natural features are in a delicate balance that may be disturbed by pollution and development. The plan area contains significant natural features that help define the community and its landscapes including: Mabel Lake, Shuswap River, Cherry Creek, Ferry

Creek and their tributaries, Sugar Lake, Echo Lake, Rawlings Lake, Kettle River, Upper

Shuswap as well as Monashee Park, Camel’s Hump and Shuswap Falls. The OCP contains a number of policies which support the RGS in developing consistent, integrated environmental policies that will protect water ecosystem function, drinking water sources, and conserve and enhance biodiversity and ecological services within the Region. Policy areas include: Environmentally sensitive areas; Watercourse and riparian areas; Wildlife;

Floodplains & Alluvial Fans; Wildfire policies; Tree retention and tree expansion policies;

Energy and Conservation Policies; and Climate Change Policies.

Economic Development

The RGS promotes a regional approach to economic development and encourages a sustainable, resilient and diverse economy. The Electoral Areas “D” and “E” OCP supports the RGS goal of economic diversity to create a sustainable future with various policies including:

• fostering a wood culture -ensuring a livelihood for area residents.

• recognizing the importance of communication connectivity for businesses and families in rural areas.

• supporting initiatives to promote local food production and sale of produce and other local food products.

• promoting tourism development.

• incubating local business- machine shops and manufacturers, wildcrafting, herbal products, farmer’s markets, home based businesses and home occupations.

• supporting annual sporting and artistic events and festivals as important economic benefits to the community.

Transportation and Infrastructure

The RGS supports integrated regional transportation planning as well as managing regional transportation corridors. There is also a commitment to create effective, efficient and sustainable transportation infrastructure. The Electoral Areas “D” and “E” OCP acknowledges Highway 6 as the main highway corridor within the plan area. Over the years efforts have been made to plan a transportation network with efficient linkages between and within the rural areas. The Canadian National Railway line from Coldstream to Lumby has been designated as a transportation corridor. The OCP is supportive of the development of a Bicycle and Trail Network Plan which would consider crossovers between the road and trail network and opportunities for alternative transportation modes including: bicycle and

ATV routes, trails, a Handi-dart, school bus rides; community van, carpool and car cooperatives.

Bylaw No. 2690

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Additional Item E.6

Page 4 of 5

Housing

Housing choice and affordability was identified as one of the most significant challenges facing the communities of the North Okanagan during the public consultation process for the

RGS. It is a goal of the RGS to provide for a variety of housing options to meet the diverse needs of all residents within the region. Within the Electoral Areas “D” and “E” OCP secondary suites and manufactured homes have been identified as a form of affordable housing within the rural areas. The OCP does acknowledge that social housing and affordable housing projects benefit from being in close proximity to an urban location (e.g.

Lumby). The OCP also recognizes that the Electoral Area Zoning Bylaw supports a second dwelling in some zones for family members as a strategy to support aging in place with the ultimate goal of providing additional housing opportunities for seniors.

Governance and Service Delivery

The RGS strives to support regional governance based upon a foundation of regional cooperation while pursuing efficient, effective and fiscally responsible service delivery.

Residents within Electoral Areas “D” and “E” have indicated support for community participation in local government initiatives and regional collaboration however these communities are proud of their independence and self-sufficiency.

Energy and Emissions

Beginning in 2007, the province of British Columbia moved forward with a number of actions designed to encourage energy efficiency and reduce emissions of Green House Gases.

The Local Government Act requires that the Regional Growth Strategy include a GHG target and actions. The RGS has committed to a GHG emissions reduction of 15% by 2020 and

25% by 2030 from 2007 GHG emission levels. The Electoral Areas “D” and “E” OCP supports the regional target and has committed to a 25% reduction in community emissions by 2030 from 2007 GHG emission levels. Strategies and Actions have been identified including promoting pedestrian and cycling facilities; supporting provincial and federal programs to encourage energy retrofits; reduction of landfill waste; support for Smart Growth planning principles as applicable to rural areas and protection of ecosystems that perform essential ecosystem services such as cleaning air and purifying water.

3. That the Regional Growth Strategy Designation Map be included within Electoral Areas “D and

“E” Official Community Plan Bylaw No. 2485, 2011 as Schedule “E”.

Read a First Time

Bylaw considered in conjunction with the

Regional District Financial Plan and Waste

Management Plan

Read a Second Time, as amended

this 19th day of this 19th day of this 21st day of

August, 2015

August, 2015

October, 2015

Advertised on

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act this 11th day of November, 2015 this 13th day of November, 2015 this 18th day of November, 2015

Bylaw No. 2690

Read a Third Time, as amended

ADOPTED

Chair

Rick Fairbairn

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Additional Item E.6

Page 5 of 5 this this day of day of

, 2015

, 2015

Deputy Corporate Officer

Paddy Juniper

¬

Enderby

Spallumcheen

Armstrong

Area B

Vernon

Coldstream

Area C

Lumby

Area D

Area F

Area E

BOARD of DIRECTORS - REGULAR AGENDA

November 18, 2015 - Additional Item E.6

REGIONAL DISTRICT OF

NORTH OKANAGAN

ELECTORAL AREAS D & E

OFFICIAL COMMUNITY PLAN

Schedule E

Regional Growth Strategy

To Accompany Official Community

Plan Bylaw No. 2485, 2011

1:160,000

6 9 0 3 12

Kilometers

Map Printed : November 2015 Map Produced : November 2015

F:/RDNO_Data/GIS/PROJECTS/Planning/NewOCP_DE_2015/DE_OCP-RGS

LEGEND

Future Growth Area

Growth Area

Rural Protection Area

Agricultural Land Reserve

Provincal Protected Areas

Schedule “E” to accompany Regional District of North Okanagan

“Electoral Areas “D” and “E” Official Community Plan Bylaw

No. 2485, 2011”

I hereby certify the foregoing to be a true and correct copy of

Schedule “E” attached to and forming part of Bylaw No.2485, 2011 cited as “Electoral Areas “D” and “E” Official Community Plan

Bylaw No. 2485, 2011” as ADOPTED by The Board of Directors on the ____ day of ____________, _____.

Dated at Coldstream, BC this ____ day of _________, _____.

 

___________________________________________________

Corporate Officer

BOARD of DIRECTORS - AMENDED REGULAR AGENDA

November 18, 2015 - Late Item E.13

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2699

A bylaw to provide for the withdrawal of Electoral Areas “B”, “C”, “D”, ”E” and “F”

of the Regional District of North Okanagan from the

Intermunicipal Emergency Operations Service Bylaw No. 2486, 2011

WHEREAS “Intermunicipal Emergency Operations Service Bylaw No. 2486, 2011” provided the

Regional District to enter into an intermunicipal scheme by way of Agreement (Agreement) dated for reference the 1 st

day of June, 2010 for the provision of Intermunicipal Emergency Operations

Services;

AND WHEREAS Electoral Areas “B”, “C”, “D”,”E” and “F” of the Regional District of North

Okanagan wish to withdraw as a party to the Intermunicipal Emergency Operations Service pursuant to section 12.2 of the Agreement;

NOW THEREFORE the Board of the Regional District of North Okanagan in an open meeting assembled, hereby ENACTS AS FOLLOWS:

CITATION

1. This Bylaw may be cited as “Intermunicipal Emergency Operations Service Contract

Withdrawal Bylaw No. 2699, 2015”.

EFFECTIVE DATE

2. This Bylaw shall come into effect on January 1, 2018.

Read a First, Second and THIRD Time

this day of , 2015

ADOPTED this day of , 2015

Chair Deputy Corporate Officer

BOARD of DIRECTORS - AMENDED REGULAR AGENDA

November 18, 2015 - Late Item E.15

REGIONAL DISTRICT of

NORTH OKANAGAN

REPORT

File No.: 3900/2489

TO:

FROM:

Greater Vernon Advisory Committee

Corporate Services

DATE: November 2, 2015

SUBJECT

:

Legislative Housekeeping / Abandonment of Bylaws

RECOMMENDATION 1:

That it be recommended to the Board of Directors Greater Vernon Parks, Recreation and Culture

Service Conversion and Service Establishment Amendment Bylaw No. 2489, 2011 be abandoned.

RECOMMENDATION 2:

That it be recommended to the Board of Directors Vernon & District Multi-Use Facility Expansion

Financing Service Establishment Bylaw No. 2641, 2014 be abandoned.

RECOMMENDATION 3:

That it be recommended to the Board of Directors Vernon & District Multi-Use Facility Expansion Loan

Authorization Bylaw No. 2642, 2014 be abandoned.

BACKGROUND/HISTORY:

In 2011 the Regional Board gave 3 readings to Greater Vernon Parks, Recreation and Culture Service

Conversion and Service Establishment Amendment Bylaw No. 2489, 2011. Bylaw 2489 was drafted to amend the customized voting structure of the Greater Vernon Parks, Recreation and Culture Service.

On May 20, 2011 the Assistant Deputy Minister advised the Regional District that he was unwilling to support Bylaw 2489 without consensus on a voting arrangement. Accordingly, Bylaw 2489 did not receive approval of the Inspector of the Municipalities and staff are therefore recommending that Bylaw

2489 be abandoned.

In 2014 the Regional Board gave 3 readings to Vernon & District Multi-Use Facility Expansion Financing

Service Establishment Bylaw No. 2641, 2014 and Vernon & District Multi-Use Facility Expansion Loan

Authorization Bylaw No. 2642, 2014. Bylaws 2641 and 2642 were drafted under an alternative service arrangement in support of the divestiture of the recreation facilities from the RDNO to the City of Vernon.

On September 15, 2014 the Inspector of Municipalities advised the Regional District that Bylaws 2641 and 2642 would not receive Approval of the Inspector of the Municipalities and staff are therefore recommending that Bylaws 2641 and 2642 be abandoned.

BOARD of DIRECTORS - AMENDED REGULAR AGENDA

November 18, 2015 - Late Item E.15

S ubject

Dat e:

Bylaw 2 489 /264 1 /2642

November 2, 2015

Page

J

2

S UMMARY :

Fo llowing denial of Inspector Approval of Bylaws 2641 and 2642 staff worked with the Ministry to draft the following bylaws :

Vernon and District Multi Use Facility Expansion Service Establishment Bylaw No . 2679, 2015; and

Vernon and District Multi Use Facility Expansion Loan Authorization Bylaw No . 2680, 2015 to facilitate moving forward to establish and serv ice and finance a proposed second ice sheet at the

Vernon & District Multi-Use Facility . Bylaws 2679 and 2680 received Statutory Approval on October

19, 2015 and th e Regional District will be moving forwa r d to a referendum on November 28, 2 015.

The bylaws attached are on record in the Regional District archives as "act iv e" and staff therefore recommend that these bylaws be formally abandoned .

1. Greater Vernon Parks , Recreation and Culture Service Conversion and Service Establishment

Amendment Bylaw No . 2489, 2011

2. Vernon & District Multi-Use Facility Expansion Financing Service Establishment Bylaw No .

2641, 2014

3. Vernon & District Multi-Use Facility Expansion Loan Authori z ation Bylaw No . 2642, 2014

BOARD of DIRECTORS - AMENDED REGULAR AGENDA

November 18, 2015 - Late Item E.15

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2489

A bylaw to amend the Regional Board voting structure of the

Greater Vernon Parks, Recreation and Culture Service

WHEREAS the Regional District of North Okanagan has established a "Greater Vernon Parks,

Recreation and Culture Service", cited as Greater Vernon Parks, Recreation and Culture

Service Conversion and Service Establishment Bylaw No. 1648, 2000;

AND WHEREAS the Regional Board wishes to amend the customized voting structure, with the consent of at least 2/3 of the participants, in accordance with section 802(1)(b) [amendment of establishing bylaws] of the Local Government Act (the Act);

NOW THEREFORE the Board of the Regional District of North Okanagan in open meeting assembled enacts as follows:

1. “Greater Vernon Parks, Recreation and Culture Service Conversion and Service

Establishment Bylaw No. 1648, 2000” is amended as follows:

By deleting Section 13 (Regional Board Voting) in its entirety and replacing with the following:

“In relation to resolutions and bylaws respecting the administration and operation of the service, including bylaws regulating the service, a customized voting structure will be maintained whereby the largest jurisdiction has an equal number of votes as the combined number of votes of all of the other participants, recognizing the Local Government Act requirement that all directors representing a participating jurisdiction would be entitled to at least one vote.”

2. This bylaw may be cited as the "Greater Vernon Parks, Recreation and Culture Service

Conversion and Service Establishment Amendment Bylaw No. 2489, 2011".

READ A FIRST, SECOND AND THIRD TIME THIS

Approved by the Inspector of Municipalities this

6th DAY OF

DAY OF

April 2011.

2011.

ADOPTED THIS DAY OF 2011.

CHAIR CORPORATE OFFICER

BOARD of DIRECTORS - AMENDED REGULAR AGENDA

November 18, 2015 - Late Item E.15

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2641

A bylaw to establish a service for the purpose of borrowing funds to provide for the construction of an expansion of the Vernon & District

Multi-Use Facility

WHEREAS Section 796(1) [General authority for services] of the Local Government Act, R.S.B.C.,

1996, Chapter 323, as amended, and Regulations passed pursuant thereto, states that the Board of the Regional District of North Okanagan may operate any service that the Board considers necessary or desirable for all or part of the regional district;

AND WHEREAS Sections 796 [General authority for services] and 800 [Establishing bylaws

required for most services] of the Local Government Act provides for the adoption of a bylaw to

establish a new Regional District service;

AND WHEREAS the Board wishes to establish a service for the purposes of funding the construction of an expansion of the Vernon & District Multi-Use Facility within the Greater Vernon area of the Regional District of North Okanagan ;

AND WHEREAS the Board has, by resolution, determined that the approval process shall be by referendum in accordance with Section 801.2 [Approval by assent of the electors] of the Local

Government Act and Section 85 of the Community Charter;

AND WHEREAS the Board has, by resolution in accordance with Section 801(4), provided that the participating area approval is to be obtained for the entire proposed service area;

AND WHEREAS in accordance with Section 801.2 [Approval by assent of the electors] of the

Local Government Act and Section 85 [Assent of the electors] of the Community Charter the

required participating area approval within the proposed service area has been obtained for the establishment of a service for the financing of an additional ice sheet;

NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled hereby, ENACTS AS FOLLOWS:

TITLE

1.

This Bylaw may be cited as the “Vernon & District Multi-Use Facility Expansion

Financing Service Establishment Bylaw No. 2641, 2014”.

ESTABLISHMENT AND DESCRIPTION OF SERVICE

2.

The Regional District is authorized to undertake and carry out, or cause to be carried out, the borrowing of funds for the expansion of the Vernon & District Multi-Use Facility.

ESTABLISHMENT OF SERVICE AREA

3.

The boundaries of the service area include the City of Vernon, District of Coldstream

and all of Electoral Areas “B” and “C”

within the Regional District of North Okanagan.

BOARD of DIRECTORS - AMENDED REGULAR AGENDA

Vernon & District Multi-Use Expansion Financing Service

November 18, 2015 - Late Item E.15

Establishment Bylaw No. 2641, 2014 Page 2

PARTICIPANTS

4.

The participants of this service are the City of Vernon, District of Coldstream and Electoral

Areas “B” and “C”.

COST RECOVERY

5.

The annual cost of providing the service outlined in this Bylaw shall be recovered by one or more of the following: a. requisition of money under Sections 805 [Requisition of funds from municipalities] and 806 [Requisition of funds for electoral areas] of the Local Government Act to be collected by a property value tax to be levied on improvements only for regional hospital district purposes and collected under Section 805.1 [Collection in

municipalities] and Section 806.1 [Collection in electoral areas] of the said Act;

b. revenues received by way of agreement, enterprise, gift, grant or otherwise.

6.

The maximum amount that may be requisitioned annually for the service shall not exceed

One Million Three Hundred Thousand Dollars ($1,300,000.00) or $ 0.13 per $1,000.00 of the net taxable value of land and improvements in the service area, whichever is greater.

COST APPORTIONMENT

7.

The annual cost of this service shall be apportioned amongst the participants on the basis of the converted value of improvements only for regional hospital district purposes in those areas.

Read a First, Second and THIRD Time

Approved by the Inspector of Municipalities

Received Participating Area Approval

ADOPTED

this 16th day of this this this day of day of day of

July, 2014

,2014

, 2014

, 2014

Chair Corporate Officer

BOARD of DIRECTORS - AMENDED REGULAR AGENDA

November 18, 2015 - Late Item E.15

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2642

A bylaw to authorize the borrowing of up to $13,000,000 to facilitate construction of an expansion to the Vernon & District Multi-Use Facility with repayment of the debt over a twenty (20) year term

WHEREAS pursuant to Section 823 [Regional district loan authorization bylaws] of the Local

Government Act, R.S.B.C., 1996, Chapter 323, and Section 179 [Loan authorization bylaws for long

term borrowing] of the Community Charter, S.B.C., 2003, Chapter 26, as amended, and Regulations

passed pursuant thereto, the Board of the Regional District of North Okanagan may, by a Loan

Authorization Bylaw, borrow money for any purpose of a capital nature;

AND WHEREAS this Bylaw relates to the Vernon & District Multi-Use Facility Expansion

Financing Service cited as “Vernon & District Multi-Use Facility Expansion Financing Service

Establishment Bylaw No. 2641, 2014” and amendments thereto to provide for the financing of an

expansion of the Vernon & District Multi-Use Facility;

AND WHEREAS the Board has requested and the Regional District proposes to borrow a sum not exceeding thirteen million dollars ($13,000,000) with repayment of a debt over a twenty (20) year term, to facilitate construction of an expansion of the Vernon & District Multi-Use Facility;

AND WHEREAS the participating area is all of the City of Vernon, District of Coldstream and

Electoral Areas “B” and “C” of the Regional District of North Okanagan;

AND WHEREAS the Board has, by resolution, permitted assent to be given by electors in the entire Service Area;

AND WHEREAS the authority to borrow under this bylaw expires five years from the date on which this bylaw is adopted;

AND WHEREAS pursuant to Section 801.2 (1)(b) [Approval of the electors by voting] of the Local

Government Act the required assent of the electors within the entire service area has been

obtained for borrowing money for any purpose of a capital nature to finance construction of an expansion to the Vernon & District Mulit-Use Facility with repayment of the debt over a twenty (20) year term;

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 as “Vernon & District Multi-Use Facility Expansion Loan

Authorization Bylaw No. 2642, 2014”.

BOARD of DIRECTORS - AMENDED REGULAR AGENDA

Bylaw No. 2642, 2014

LOAN AUTHORIZATION

2. The Regional District of North Okanagan is hereby empowered and authorized to borrow upon the credit of the Regional District a sum of up to thirteen million dollars ($13,000,000).

3. The debt incurred in this Loan Authorization Bylaw relates specifically to the Vernon &

District Multi-Use Expansion Financing Service.

4. This debt is being incurred to provide funding for the construction of an expansion to the

Vernon & District Multi-Use Facility.

5. The annual debt charges shall be recovered from the benefitting properties located within the City of Vernon, District of Coldstream, and Electoral Areas “B” and “C” of the Regional

District of North Okanagan.

6. The maximum term for which a debenture debt may be issued to secure the debt created by this bylaw is for a term not to exceed twenty (20) years. this 16th day of this day of

July, 2014

, 2014

Read a First, Second and THIRD Time

Approved by the Inspector of Municipalities

Received Assent of the Service Area Electors

this

ADOPTED

this day of day of

, 2014

, 2014

Chair Corporate Officer

BOARD of DIRECTORS - AMENDED REGULAR AGENDA

November 18, 2015 - Late Item G.1c

REGIONAL DISTRICT OF NORTH OKANAGAN

MINUTES of a SPECIAL 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 29, 2015.

Members: Director J. Cunningham

*Alternate Director J. Garlick

Councillor G. Kiss

Director B. Fleming

Director M. Macnabb

Alternate Director B. Spiers

Director A. Mund

*T. Osborn

Staff: D. Sewell

City of Vernon

District of Coldstream

District of Coldstream

Electoral Area “B”

Electoral Area "C"

City of Vernon

City of Vernon

Agricultural Representative

Chief Administrative Officer

Chair

Vice Chair

D. McTaggart

S. Banmen

K. Pinkoski

P. Juniper

Z. Marcolin

H. Roseberry

Also Present: Director R. Fairbairn

Director D. Dirk

*Councillor G. Taylor

*Director C. Lord

Media and Public

*Denotes presence for part of a meeting

General Manager, Engineering

General Manager, Finance

Manager, Parks

Deputy Corporate Officer

Manager, Greater Vernon Water

Clerk, Parks, Recreation and Culture

Electoral Area “D”

District of Coldstream

District of Coldstream

City of Vernon

Board Chair

CALL MEETING TO ORDER

The meeting was called to order at 8:59 a.m.

APPROVAL OF AGENDA

Greater Vernon Advisory Committee – October 29, 2015

Moved and seconded by Directors Mund and Macnabb

That the Agenda of the October 29, 2016 Greater Vernon Advisory Committee special meeting be approved as presented.

CARRIED

BOARD of DIRECTORS - AMENDED REGULAR AGENDA

November 18, 2015 - Late Item G.1c

Greater Vernon Advisory Committee

Minutes – Special - 2 - October 29, 2015

NEW BUSINESS

2016 Budget Deliberations

The General Manager Finance presented information regarding the 2016 budget dev e lopment process, including the proposed timeline and various budgetary impacts .

Moved and Seconded by Alternate Director Garlick and Director Macnabb

That it be recommended to the Board of Directors, staff be directed to bring forward information and options in regards to the Sub-Regional Parks Management and Operations contract between the City of Vernon and Regional District of North Okanagan at the June 2016 Greater

Vernon Advisory Committee meeting.

CARRIED

Agricultural Representative Ted Osborn left the meeting at 10:17 am.

Moved and seconded by Alternate Director Garlick and Director Mund

That it be recommended to the Board of Directors, staff be directed to investigate partnerships with UBCO in development of a reserve fund strategy.

CARRIED

Opposed by Alternate Director Spiers

Moved and seconded by Director Macnabb and Alternate Director Garlick

That it be recommended to the Board of Directors, staff be directed to draft a bylaw for consideration to consolidate the NOWA Water System Capital Reserve Fund and NOWA Fleet

Depreciation Reserve Fund and establish a Greater Vernon Water Capital Reserve fund.

CARRIED

Alternate Director Garlick left the meeting at 11:31 am.

ADJOURNMENT

There being no further business, the meeting was adjourned at 11:43 a.m.

CERTIFIED CORRECT

Chair

Juliette Cunningham

Deputy Corporate Officer

Paddy Juniper

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