REGIONAL DISTRICT OF NORTH OKANAGAN
BOARD of DIRECTORS MEETING
Wednesday, September 17, 2014
4:00 p.m.
REGULAR AGENDA
A.
APPROVAL OF AGENDA
1. Board of Directors – September 17, 2014
(Opportunity for Introduction of Late Items)
(Opportunity for Introduction of Late Items – In Camera Agenda)
RECOMMENDATION 1
(Unweighted Corporate Vote – Simple Majority)
That the Agenda of the September 17, 2014 regular meeting of the Board of
Directors be approved as presented.
B.
ADOPTION OF MINUTES
1. Board of Directors – September 3, 2014
RECOMMENDATION 2
Page 1
(Unweighted Corporate Vote – Simple Majority)
That the minutes of the September 3, 2014 meeting of the Board of Directors be
adopted as circulated.
2. Public Hearing [Bylaw 2603] – September 3, 2014
RECOMMENDATION 3
Page 7
(Unweighted Corporate Vote – Simple Majority)
That the minutes of the September 3, 2014 Public Hearing [Bylaw 2603] of the Board
of Directors be adopted as circulated.
C.
DELEGATIONS
1. Shuswap Watershed Council
Mike Simpson, Senior Regional Manager – Thompson Regional Office
− Activities and development of 2015-2020 Water Quality Program
Page 10
Board of Directors Agenda – Regular
D.
-2-
September 17, 2014
UNFINISHED BUSINESS
1. Bylaw 2606 – Zoning Text Amendment
MEDICAL MARIHUANA PRODUCTION FACILITIES [File No. 13-0257-B-TA]
− Staff report dated August 25, 2014
RECOMMENDATION 4
Page 11
(Part 26 – Special Voting – Includes Electoral Areas Only)
That as recommended by the Electoral Area Advisory Committee, Zoning Text
Amendment Bylaw No. 2606, 2013, be amended as follows:
• By removing Sections B.4, B.5, B.6, B.7, B.8, B.9, B.11, B.12 in their entirety;
• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in
Section B.14;
• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in
Section B.16;
• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in
Section B.18
in order to:
• Remove all minimum parcel size requirements in excess of what is required
within Zoning Bylaw No. 1888; and,
• Amend Industrial Zone setback requirement to be consistent with Zoning Bylaw
No. 1888; and further,
That Zoning Text Amendment Bylaw No. 2606, 2013 be given Second Reading, as
amended, and be referred to a second Public Hearing.
2. Bylaw 2613 – Zoning Text Amendment
MINERAL EXTRACTION [File No. 13-0317-B-TA]
− Staff report dated September 8, 2014
RECOMMENDATION 5
Page 35
(Part 26 – Special Voting – Includes Electoral Areas Only)
That following consideration of comments received at the Public Hearing, Zoning
Text Amendment Bylaw No. 2613, 2013 which proposes to amend regulations
related to limited resource use within the Country Residential (C.R) Zone be
considered for Third Reading.
3. Bylaw 2652 – Rezoning
SIX STAR HOLDINGS LTD. c/o B. MONAGHAN [File No. 14-0155-B-RZ]
− Staff report dated September 4, 2014
RECOMMENDATION 6
Page 46
(Part 26 – Special Voting – Includes Electoral Areas Only)
That following consideration of comments received at the Public Hearing, Rezoning
Bylaw No. 2652, 2014 to rezone the property legally described as That Part of Lot 2,
Blk 5 Lying E of the Road Shown on Plan H433, Sec 23, Twp 8, ODYD, Plan 749,
Except Plans 33945 and H16713 and located at Highway 97, Electoral Area 'B’ from
the Country Residential [C.R] Zone to the Service Commercial [C.4] Zone be
considered for Third Reading.
Board of Directors Agenda – Regular
E.
-3-
September 17, 2014
NEW BUSINESS
1. Bylaw 2654 – Claremont Water Local Service Establishment
− Staff report dated August 21, 2014
RECOMMENDATION 7
Page 65
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Greater Vernon Advisory Committee, Claremont Water
Local Service Area Establishment Bylaw No. 2654, 2014 be given First, Second and
Third Readings; and forwarded to the participants for consent.
RECOMMENDATION 8
(Unweighted Corporate Vote – Simple Majority)
That following receipt of consent of the participants, Claremont Water Local Service
Area Establishment Bylaw No. 2654, 2014 be forwarded to the Ministry of
Community, Sport and Cultural Development for Statutory Approval.
2. Bylaw 2655 – Claremont Water Local Service Area Loan Authorization
− Staff report dated August 21, 2014
RECOMMENDATION 9
Page 65
(Weighted Corporate Vote)
That as recommended by the Greater Vernon Advisory Committee, Claremont Water
Local Service Area Loan Authorization Bylaw No. 2655, 2014 be given First, Second
and Third Readings; and forwarded to the participants for consent.
RECOMMENDATION 10
(Weighted Corporate Vote)
That following receipt of consent of the participants, Claremont Water Local Service
Area Loan Authorization Bylaw No. 2655, 2014 be forwarded to the Ministry of
Community, Sport and Cultural Development for Statutory Approval.
3. Bylaw 2656 – Rezoning
HARVEY, Lance and Angelia [File No. 14-0190-E-RZ]
− Extract dated September 4, 2014
− Staff report dated August 11, 2014
RECOMMENDATION 11
Page 74
(Part 26 – Special Voting – Includes Electoral Areas Only)
That as recommended by the Electoral Area Advisory Committee, Rezoning Bylaw
No. 2656, 2014 which proposes to rezone the property legally described as Lot A,
Sec 28, Twp 57, ODYD, Plan KAP71752 and located at 112 North Fork Road,
Electoral Area “E” from the Non-Urban (N.U) zone to the Small Holding (S.H) zone
be given First and Second Readings and be referred to a Public Hearing.
Board of Directors Agenda – Regular
-4-
September 17, 2014
4. Waiver of Lot Frontage
HAZELDINE, Colleen [File No. 14-0295-D-WVR]
− Staff report dated August 22, 2014
RECOMMENDATION 12
Page 85
(Part 26 – Special Voting – Includes Electoral Areas Only)
That as recommended by the Electoral Area Advisory Committee, the 10% minimum
frontage requirement of Section 803.7 of the RDNO Zoning Bylaw No. 1888, 2003 be
waived for the property legally described as The South ½ of the South West ¼ of
Sec 5, Twp 40, ODYD, Except Plan 28492 and located at 171 Brookfield Road,
Electoral Area “D” by reducing the lot frontage of the proposed Remainder Lot from
119.28 metres to 57.91 metres shown on the plan attached to the Planning
Department report dated August 22, 2014.
5. 2014 – 2024 Community Works Fund Agreement
− Staff report dated September 8, 2014
RECOMMENDATION 13
Page 88
(Weighted Corporate Vote)
That the Board of Directors’ Chair and the Corporate Officer be authorized to sign
the 2014 – 2024 Community Works Fund Agreement with the Union of British
Columbia Municipalities (UBCM).
6. Community Works Fund #094 – Electoral Area "F" Official Community Plan
Review
− Staff report dated August 12, 2014
RECOMMENDATION 14
Page 110
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, the review of
Electoral Area “F” Official Community Plan be funded from the Community Works
Fund (Electoral Area “F”) at a cost of up to $77,600.00.
7. Unmetered Fire Main Rates
− Letter from District of Coldstream dated July 30, 2014
− Excerpt from Bylaw 2622 – GVWU Rates Imposition
RECOMMENDATION 15
Page 115
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B”
and “C”)
That as recommended by the Greater Vernon Advisory Committee, staff be directed
to prepare a report for the October 2, 2014 Greater Vernon Advisory Committee
regarding private fire hydrant fees, including a review of how other jurisdictions
address private fire hydrant fees, and provide options and recommendations.
Board of Directors Agenda – Regular
-5-
September 17, 2014
8. Greater Vernon Minor Hockey
RECOMMENDATION 16
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B”
and “C”)
That as recommended by the Greater Vernon Advisory Committee, staff be directed
to transfer the remaining 2014 funds allocated for the purpose of subsidizing Minor
Hockey’s use of the Okanagan Training Rink, to the City of Vernon to be used solely
for the purpose of subsidizing Minor Hockey’s use of the Okanagan Training Rink in
accordance with past practice.
F.
BUSINESS ARISING FROM DELEGATIONS
G.
REPORTS
1. Standing and Select Committees
RECOMMENDATION 17
Page 117
(Unweighted Corporate Vote – Simple Majority)
That the minutes of the following meetings be received for information:
− Greater Vernon Advisory Committee – Regular – September 4, 2014
(unadopted)
− Electoral Area Advisory Committee – Regular – September 4, 2014 (unadopted)
2. External Committee Reports
3. Chief Administrative Officer’s Report
4. Chair’s Report
H.
IN CAMERA
RECOMMENDATION 18
(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) and (e) of the Community Charter.
I.
REPORT FROM IN CAMERA
J.
ADJOURNMENT
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item B.1
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a REGULAR meeting of the BOARD of DIRECTORS of the REGIONAL
DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on
Wednesday, September 3, 2014.
Members: Director R. Fairbairn
Director S. Fowler
Director D. Dirk
Director H. Cyr
Director K. Acton
Director J. Brown
Director R. Sawatzky
Director J. Cunningham
Director C. Lord
Director M. O’Keefe
Director B. Fleming
Alternate Director M. Randell
Director E. Foisy
Director J. Pearase
Electoral Area “D”
City of Armstrong
District of Coldstream
City of Enderby
Village of Lumby
Township of Spallumcheen
City of Vernon
City of Vernon
City of Vernon
City of Vernon
Electoral Area “B”
Electoral Area “C”
Electoral Area “E”
Electoral Area “F”
Vice Chair
Staff:
D. Sewell
L. Mellott
D. McTaggart
P. Juniper
G. Routley
C. Mazzotta
K. Cameron
Chief Administrative Officer
General Manager, Electoral Area Administration
General Manager, Engineering
Deputy Corporate Officer
Deputy Planning Manager
Information Services Manager
Executive Assistant (taking minutes)
Also
Present:
Councillor M. Besso
Councilor G. Kiss
Media and Public
District of Coldstream
District of Coldstream
CALL MEETING TO ORDER
The meeting was called to order at 4:45 p.m.
APPROVAL OF AGENDA
Board of Directors – September 3, 2014
Moved and seconded by Directors O’Keefe and Acton
That the Agenda of the September 3, 2014 regular meeting of the Board of Directors be
approved with the following additions:
E.3 BC Timber Sales – Cherry Ridge
F.1 Okanagan Basin Water Board – Water Management Program
CARRIED
Page 1 of 125
Board of Directors Minutes – Regular
-2-
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item B.1
September 3, 2014
ADOPTION OF MINUTES
Board of Directors – August 20, 2014
Moved and seconded by Directors Cunningham and Fowler
That the minutes of the August 20, 2014 meeting of the Board of Directors be adopted as
circulated.
CARRIED
Public Hearing [Bylaws 2552 and 2553] – August 20, 2014
Moved and seconded by Directors Acton and Brown
That the minutes of the August 20, 2014 Public Hearing [Bylaws 2552 and 2553] of the Board of
Directors be adopted as circulated.
CARRIED
Public Hearing [Bylaw 2626] – August 20, 2014
Moved and seconded by Directors Acton and O’Keefe
That the minutes of the August 20, 2014 Public Hearing [Bylaw 2626] of the Board of Directors
be adopted as circulated.
CARRIED
DELEGATIONS
Shuswap Watershed Council
Mike Simpson, Senior Regional Manager – Thompson Regional Office
− Activities and development of 2015-2020 Water Quality Program
No one was present to speak to this matter.
UNFINISHED BUSINESS
Bylaw 2603 - Electoral Areas “D” and “E” Official Community Plan Amendment
In accordance with Robert’s Rules of Order, Chair Fairbairn relinquished the Chair to Director
Acton to participate in the discussion.
Moved and seconded by Directors Fairbairn and Fleming
That Section B.3 of Bylaw No. 2603 be amended to include Electoral Area “D” in Policy 4.2.20.
CARRIED
Moved and seconded by Directors Fairbairn and Fleming
That Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2603 which
proposes to amend the Official Community Plan, be given Third Reading, as amended.
CARRIED
Page 2 of 125
Board of Directors Minutes – Regular
-3-
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item B.1
September 3, 2014
Moved and seconded by Directors Pearase and Foisy
That Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2603, be
Adopted.
CARRIED
Director Fairbairn resumed the Chair.
Bylaw 2626 - Electoral Areas “B” and “C” Official Community Plan
Moved and seconded by Directors Fleming and Pearase
That Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2014 be amended as
outlined in the report dated August 22, 2014 from the Planning Department.
CARRIED
Moved and seconded by Director Fleming and Alt. Director Randall
That Electoral Areas “B” and “C” Official Community Plan Bylaw No 2626, 2014 be Adopted.
CARRIED
Bylaw 2638 - Electoral Areas “D” and “E” Official Community Plan Amendment
Bylaw 2639 – Rezoning
HORNELL, David and Sheri c/o J. Shortt [File No. 13-0423-D-OR]
Moved and seconded by Directors Foisy and Pearase
That Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2638, 2014
which proposes to change the land use designation of the property legally described as Lot 1,
District Lot 3736, ODYD, Plan KAP59750 and located at 16 Birch Road, Electoral Area “D” from
Non Urban to Small Holdings be given Second Reading and referred to Public Hearing.
CARRIED
Moved and seconded by Directors Foisy and Fleming
That Rezoning Bylaw No. 2639, 2014 which proposes to rezone the property legally described
as Lot 1, District Lot 3736, ODYD, Plan KAP59750 and located at 16 Birch Road, Electoral Area
“D” from the Non-Urban (N.U) Zone to the Small Holdings (S.H) Zone be given Second Reading
and referred to Public Hearing.
CARRIED
NEW BUSINESS
Air Shed Quality Management – Service Establishment
Moved and seconded by Directors Dirk and Sawatzky
That the letter dated August 19, 2014 from the District of Coldstream entitled ‘Air Shed Quality
Management Committee’ be received for information and further;
That staff report back to the Board regarding the previous Air Quality Service, including:
− How the Air Quality Service was established;
− Terms of reference;
− Mandate;
− Financial costs and funding source;
− Summary of legislated authority; and
− Information from the Central Okanagan Regional District and Regional District of South
Okanagan regarding Air Quality Committee(s) established within their jurisdictions.
CARRIED
Page 3 of 125
Board of Directors Minutes – Regular
-4-
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item B.1
September 3, 2014
Greater Vernon Water Utility Capital Works – Indirect Cost Determination
Moved and seconded by Directors Sawatzky and O’Keefe
That the matter of Greater Vernon Water Utility Capital Works – Indirect Cost Determination be
referred back to the Greater Vernon Advisory Committee with the full background information
package to be provided, which includes:
- The City of Vernon proposal (as originally proposed in June 2014);
- The contract between the Greater Vernon Water Utility and the participants (effective
February 1, 2013);
- The Regional District of North Okanagan protocol;
- Actual current Greater Vernon Water Utility capital project administration costs, complete
and covering all aspects as cited in the City of Vernon proposal; and
- The Regional District of North Okanagan plan to address any administrative capacity issues,
costs, roles and responsibilities for the $70 million capital works of the Master Water Plan.
CARRIED
BC Timber Sales – Cherry Ridge
Moved and seconded by Directors Foisy and Acton
That a letter be forwarded to BC Timber Sales requesting that a contract not be issued for road
construction and proposed logging until risk assessment studies have been completed and
provided to the Regional District of North Okanagan for their review and consideration regarding
the portion of Cherry Creek that runs through Cherryville.
CARRIED
BUSINESS ARISING FROM DELEGATIONS
Okanagan Basin Water Board – Water Management Program
Moved and seconded by Directors Cunningham and Sawatzky
That the Regional District of North Okanagan, upon mutual agreement with the Regional
Districts of Central Okanagan and Okanagan-Similkameen, reaffirms support, until March 31,
2019, for the Okanagan Basin Water Board’s Water Management Program under the terms of
reference given in the OBWB Governance Manual, as adopted by this board in 2010, and
supports adjusting the review period to remain consistent with the municipal election cycle.
CARRIED
REPORTS
Standing and Select Committees
Moved and seconded by Directors Dirk and Lord
That the minutes of the following meeting be received for information:
− Greater Vernon Advisory Committee – Special – August 14, 2014 (unadopted)
CARRIED
Page 4 of 125
Board of Directors Minutes – Regular
-5-
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item B.1
September 3, 2014
External Committee Reports
Directors provided updates for the following external committees:
- Okanagan-Kootenay Sterile Insect Release (OKSIR)
- Okanagan Basin Water Board (OBWB)
- Congratulations were offered to the City of Armstrong and Township of Spallumcheen on a
very successful Interior Provincial Exhibition.
Chief Administrative Officer’s Report
-
2014 General Local Election: nomination packages are available, with the nomination
period ending October 10th.
Greater Vernon Water Borrowing Referendum: The Regional District of North Okanagan
has received statutory approval to proceed.
IN CAMERA
Moved and seconded by Directors Dirk and Brown
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) and (k) of the Community Charter.
CARRIED
The regular meeting of the Board of Directors adjourned to meet In Camera at 5:30 p.m.
The regular meeting of the Board of Directors reconvened at 5:59 p.m.
REPORT FROM IN CAMERA
Moved and seconded by Directors Cunningham and Acton
That the Board of Directors report in open meeting on the following matters:
Property Bequest – Betty Muriel Johnston
That the Regional District of North Okanagan accept the bequest of Lot 1, Section 15, TWP
19, RGE 6, Plan KAP2656 (3246 Enderby-Mabel Lake Road); and further
That the responsibility for passive park management of the property be assumed by the
Enderby and District Services Commission, consistent with the In Camera resolution passed
July 11, 2014 by the Enderby and District Services Commission: “That the Enderby and
District Services Commission accepts responsibility for passive park management of the
property located at 3246 Enderby-Mabel Lake Road, as bequeathed by Betty Muriel
Johnston; and that the Enderby and District Services Commission request that the Board of
the Regional District of North Okanagan accepts the bequeathal of 3246 Enderby-Mabel
Lake Road.”
Appointment of Corporate / Deputy Corporate Officers
That David Sewell be appointed as Corporate Officer responsible for Corporate
Administration pursuant to Section 198 of the Local Government Act; and further,
Page 5 of 125
Board of Directors Minutes – Regular
-6-
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item B.1
September 3, 2014
That Paddy Juniper be appointed as Deputy Corporate Officer to be responsible for
Corporate Administration pursuant to Section 198 of the Local Government Act in the
absence of the Corporate Officer.
CARRIED
ADJOURNMENT
There being no further business, the meeting was adjourned at 6:00 p.m.
CERTIFIED CORRECT
Vice Chair
Rick Fairbairn
Deputy Corporate Officer
Paddy Juniper
Page 6 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item B.2
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a PUBLIC HEARING (BYLAW 2603) of the BOARD of DIRECTORS of the
REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District
Office on Wednesday, September 3, 2014.
Members: Director R. Fairbairn
Director S. Fowler
Director D. Dirk
Director H. Cyr
Director K. Acton
Director J. Brown
Director R. Sawatzky
Director J. Cunningham
Director C. Lord
Director M. O’Keefe
Director B. Fleming
Alt. Director M. Randall
Director E. Foisy
Director J. Pearase
Electoral Area “D”
City of Armstrong
District of Coldstream
City of Enderby
Village of Lumby
Township of Spallumcheen
City of Vernon
City of Vernon
City of Vernon
City of Vernon
Electoral Area “B”
Electoral Area “C”
Electoral Area “E”
Electoral Area “F”
Vice Chair
Staff:
D. Sewell
L. Mellott
G. Routley
A. Kittel
P. Juniper
K. Cameron
Chief Administrative Officer
General Manager, Electoral Area Administration
Deputy Planning Manager
Regional Growth Strategy Coordinator
Deputy Corporate Officer
Executive Assistant (taking minutes)
Also
Present:
Councillor M. Besso
Councilor G. Kiss
Media and Public
District of Coldstream
District of Coldstream
CALL PUBLIC HEARING TO ORDER
The Chair called the Public Hearing to order at 4:00 p.m.
INTRODUCTION OF BYLAW
Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2603
Bylaw 2603, 2012 – Electoral Areas “D” and “E” Official Community Plan Amendment
Purpose: A bylaw to amend the Official Community Plan to include Policies regarding
Genetically Modified Organisms.
The Deputy Planning Manager introduced Bylaw and advised that 32 written submissions had
been received by the following persons in opposition to Bylaw 2603 as proposed:
Page 7 of 125
Public Hearing Minutes
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-2-
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item B.2
September 3, 2014
Cathy Wagner, 1552 Creighton Valley Road, Electoral Area “D”
Dawn Casey, 5550 Highway 6, Coldstream
Michael Allen and family, 140 Shuswap River Drive, Electoral Area “D”
Huguette Allen, 130 Shuswap River Drive, Electoral Area “D”
Egon and Margret Dietsche, 150 Cooper Road, Electoral Area “D”
Jurgen Krahne, 740 Eastwood Road, Electoral Area “D”
Nevin Gavigan, 714 Mabel Lake Road, Electoral Area “D”
Edie Nagy, 1911 Maple Street, Lumby
Gail Pifer, 106, 3610 25 Avenue, Vernon
Jane Emlyn, 1951 Maple Street, Lumby
Dale Kerr, 2406 Tamerac Terrace, Sorrento
Loris Davidson, 3130 Mabel Lake Road, Electoral Area “F”
Jim and Diane Duenow, 140 Sadler Road, Electoral Area “D”
Aline Piché, 218 Sugar Lake Road, Electoral Area “E”
Ron and Ines Stone, 208 Mabel Lake Road, Electoral Area “D”
Charlie Ashmore, 1925 Maple Street, Lumby
Barbara Fresz and Juergen Deschner, 592 Bear Valley Road, Electoral Area “D”
Christine Cookson, 7978 Tronson Road, Vernon
Margot MacDougall, 8209 Stoneridge Drive, Coldstream
Lorna Church, 5201 Reid Road, Coldstream
Julia Jones, 182 Albers Road, Electoral Area “D”
Priscilla Judd, 148 Albers Road, Electoral Area “D”
Doug Hinton and Lise Le Bel, 11605 Palfrey Drive West, Coldstream
Dr. Hartwig Schmitz, 279 Albers Road, Electoral Area “D”
Christiane Schmitz-Gramkow, 279 Albers Road, Electoral Area “D”
Jason Allen and family, 160 Shuswap River Drive, Electoral Area “D”
Igor and Irma Ruffa, 245 Trinity Valley Road, Electoral Area “D”
Michel and Margaret Vollmin, 61 McInnes Road, Electoral Area “D”
Shannon Loeber, 160 Shuswap River Drive, Electoral Area “D”
Jacqui Gingras, 6715 Paxton Valley Road, Falkland
Ursula Jensen, 1903 Trinity Valley Road, Electoral Area “D”
Gordon Judd, 148 Albers Road, Electoral Area “D”
PUBLIC PRESENTATIONS
The Chair asked if there were persons present who wished to speak to the bylaw.
Carla Vierke, 255 Sugar Lake Road, Electoral Area “E”
– Spoke in opposition to Bylaw 2603 as proposed citing concerns that Electoral Area “D” was
not included in proposed Policy 4.2.20 regarding genetically engineered (GE) organisms.
William Schunter, 177 Creighton Valley Road, Electoral Area “D”
– Spoke in opposition to Bylaw 2603 as proposed citing concerns that Electoral Area “D” was
not included in proposed Policy 4.2.20 regarding genetically engineered (GE) organisms.
Priscilla Judd, 148 Albers Road, Electoral Area “D”
– Spoke in opposition to Bylaw 2603 as proposed citing concerns that Electoral Area “D” was
not included in proposed Policy 4.2.20 regarding genetically engineered (GE) organisms.
Page 8 of 125
Public Hearing Minutes
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BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item B.2
September 3, 2014
Jane Emlyn, 1951 Maple Street, Lumby
– Spoke in opposition to Bylaw 2603 as proposed citing concerns that Electoral Area “D” was
not included in proposed Policy 4.2.20 regarding genetically engineered (GE) organisms.
Huguette Allen, 130 Shuswap River Drive, Electoral Area “D”
– Spoke in opposition to Bylaw 2603 as proposed citing concerns that Electoral Area “D” was
not included in proposed Policy 4.2.20 regarding genetically engineered (GE) organisms.
Michelle Saurette, 203 Montgomery Road, Electoral Area “D”
– Spoke in opposition to Bylaw 2603 as proposed citing concerns that Electoral Area “D” was
not included in proposed Policy 4.2.20 regarding genetically engineered (GE) organisms.
CLOSE PUBLIC HEARING
There being no one further to speak to Bylaw 2603, the Public Hearing was closed at 4:43 p.m.
CERTIFIED CORRECT
Vice Chair
Rick Fairbairn
Deputy Corporate Officer
Paddy Juniper
Page 9 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item C.1
Page 10 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 13-0257-B-TA / 3060.03.03
TO:
Electoral Area Advisory Committee
FROM:
Planning Department
DATE:
August 25, 2014
Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana
Production Facilities]
SUBJECT:
RECOMMENDATION:
That Zoning Text Amendment Bylaw No. 2606, 2013, be amended as follows:
• By removing Sections B.4, B.5, B.6, B.7, B.8, B.9, B.11, B.12 in their entirety;
• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in Section B.14;
• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in Section B.16;
• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in Section B.18
in order to:
• Remove all minimum parcel size requirements in excess of what is required within Zoning
Bylaw No. 1888; and,
• Amend Industrial Zone setback requirement to be consistent with Zoning Bylaw No. 1888; and
further,
That Zoning Text Amendment Bylaw No. 2606, 2013 be given Second Reading, as amended, and be
referred to a second Public Hearing.
DISCUSSION:
The proposed amendments to Bylaw No. 2606 will further clarify the Regional District’s land use
approach to addressing the implementation of the Marihuana for Medical Purposes Regulation
(MMPR), which include the following:
1. Identifying appropriate zones for the location of medical marihuana production facilities; and,
2. Clarifying appropriate regulations within the zones for medical marihuana production facilities.
The Regional District received 6 written submissions and 3 public presentations during the Public
Hearing for Zoning Text Amendment Bylaw No. 2606, 2013, held on March 5, 2014. In response to
the comments received at the Public Hearing, the Board of Directors postponed Third Reading of
Bylaw No. 2606, 2013 and requested that staff consider the input provided when proposing
amendments to the Bylaw.
At the regular meeting of May 8, 2014, the EAAC discussed zoning for medical marihuana production
facilities. The Electoral Area Directors expressed concerns regarding the tax rates of commercial
marihuana operations licensed under the Medical Marihuana Purposes Regulations. According to the
BC Assessment Authority (BCAA), properties used for medical marihuana production may qualify for
Class 9 (Farm), which may result in significantly lower property taxes for commercial and/or industrial
properties. EAAC requested that staff investigate and report back on the tax implications of permitting
Page 11 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
medical marijuana production facilities within Industrial Zones prior to considering amendments to
Bylaw No. 2606.
This report recommends amendments to Bylaw No. 2606, 2013, with consideration of input received
at the Public Hearing, agency referral comments and taxation implication information requested by the
Electoral Area Advisory Committee.
A background summary of MMPR and Bylaw No. 2606, 2013 progress has been included within
Appendix “A”.
RECENT DEVELOPMENTS:
1. Supreme Court of Canada Injunction
On March 21, 2014, the Supreme Court of Canada granted an injunction that exempts currently
licenced marijuana users and producers under the Marihuana for Medical Access Regulations
(MMAR) from the terms of the incoming Marihuana for Medical Purposes Regulations (MMPR), set to
take effect on April 1. The court challenge was based on the grounds that the MMPR infringed upon
the Canadian Charter of Rights and Freedoms. The basis of the court challenge related to the
projected price increase of medical marihuana and its effect on low income consumers.
According to the decision, people with a valid Authorization to Possess, Designated-person
Production, or Personal-use Production License "are exempt from the repeal of the Marihuana
Medical Access Regulations and any other operation of the Marihuana for Medical Purposes
Regulations which are inconsistent with the operation of the Marihuana Medical Access Regulations,
to the extent that such an Authorization to Possess shall remain valid until such time as a decision in
this case is rendered." As a result, both MMAR and MMPR will operate concurrently. Bylaw No. 2606
only address medical marihuana production facilities under MMPR.
The number of people authorized to possess, and often grow, marijuana under MMAR has increased
to 37,000 at the end of 2013 from fewer than 100 in 2001. Over half of these licenses are in British
Columbia. As of June 19, 2014, only 13 MMPR facilities have active MMPR licenses in Canada.
2. Medical Marihuana and Taxation
The issue of medical marihuana production and Farm Class has been ongoing over the last 9 months
and communications with BCAA staff on November 14, 2013 and April 17, 2014 confirmed that
licensed medical marihuana production facilities could apply for Farm Status under the Classification
of Land as a Farm Regulation. For information, the presentation that BCAA presented to City of
Vernon Council on May 26, 2014 has been attached to this report.
On June 24, 2014, the Minister of Community, Sport and Cultural Development issued an Information
Bulletin (attached to this report) that reversed the previous interpretations of Farm Status as it applies
to medical marihuana and confirmed that the BCAA would be “excluding federally-licensed medical
marijuana production from the list of agricultural uses that qualify for farm classification for
assessment and property tax purposes.” The Province has amended the Classification of Land as a
Farm Regulation to exclude federally-licensed medical marijuana production facilities as a qualifying
farm product for assessment and taxation purposes.
Page 12 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
PUBLIC HEARING:
Public Hearing Comments:
The Regional District received 6 written submissions and 3 public presentations during the Public
Hearing for Zoning Text Amendment Bylaw No. 2606, 2013, held on March 5, 2014. The minutes of
the Public Hearing have been attached to this report.
The following concerns and comments regarding were presented during the Public Hearing:
• Reduction or elimination of minimum parcel size for both ALR and Industrial zones (3);
• Medical marihuana production facility as a permitted use in all Rural zones, including Small
Holdings (S.H.) and Country Residential (C.R.);
• Additional setback or minimum parcel size requirements not necessary due to the air filtration
requirements of Health Canada that eliminate odour;
• Scale of operation should be proportional to size of property; and,
• Put in place bylaws that encourage medical marihuana production facilities.
In addition, several submissions requested further land use restrictions on medical marihuana
production facilities:
• Increase the lot line setback to 100 metres from school sites and facilities with large groups “at
risk”;
• Medical marihuana facilities should be sited on a height of land that would minimize odour;
and,
• Safety concerns for properties surrounding a medical marihuana facility within a rural setting,
especially where there is no police or fire protection, street lights and additional security;
In response to the comments received at the Public Hearing, the Board of Directors requested that
staff consider the input provided and report back to the Board.
Health Canada clarification regarding Public Hearing Comments:
Staff have discussed the comments received at the Public Hearing, held on March 5, 2014, with
Health Canada staff. Health Canada has confirmed the following:
1. The Regional District has received four (4) MMPR license application notifications to date;
2. Health Canada has four (4) MMPR producer license applications, as of June 19, 2014, in
process within RDNO Electoral Areas, for which the Regional District has received
notifications;
3. Health Canada does not have any other MMPR applications within the Electoral Areas in
process at this time;
4. The Regional District would be contacted regarding licensing of MMPR facilities once the
application had reached the stage of Health Canada inspection;
5. All MMPR applications that were received by Health Canada without local government
notification would be considered incomplete and returned to the applicant, with no exceptions;
6. The MMPR licensing process is very rigorous and the applicant would be required to
undertake due diligence, including conformance with local government bylaws. The onus is on
the applicant to meet both Health Canada and local government requirements;
7. The application process takes, at a minimum, 90 days to complete;
Page 13 of 125
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September 17, 2014 - Item D.1
8. Medical Marihuana Production Facilities licensed under MMPR “must be equipped with a
system that filters air to prevent the escape of odours and, if present, pollen” 1. Health Canada
has confirmed that MMPR facilities must not release any odours; and,
A summary of MMPR security and operational requirements has been included within Appendix “A”.
Proposed Bylaw No. 2606, 2013 pertains to medical marihuana production facilities licensed by
Health Canada under the MMPR. At this time, one property under consideration by Health Canada for
MMPR Production Licenses may be impacted by proposed Bylaw No. 2606, 2013 because the
existing structure within a Rural zone but outside the ALR..
ANALYSIS:
Local governments across Canada are considering how to regulate medical marihuana facilities and,
whereas some jurisdictions may attempt to restrict medical marihuana operations altogether, some
may limit them to ALR land only, while others are considering permitting them in industrial, agricultural
or rural zones or as a home-based business. The use is generally not considered commercial as retail
sales are not permitted by the MMPR. Further, as these are larger scale production facilities with
fencing, restricted access, visual monitoring and intrusion detection, they may not be compatible with
residential uses.
While a local government could restrict medical marihuana production facilities outright, this restriction
would be vulnerable to legal challenge. Further, as these facilities will be permitted on ALR lands, staff
recommends consideration of where these facilities could locate based on the issues and concerns
raised by the community, consideration of Provincial policy direction, Electoral Area planning policy
and potential community impacts and Electoral Area service implications.
Staff have considered the comments received during the Public Hearing and have provided the
following clarifications and recommended amendments to Bylaw No. 2606, 2013.
Effect of Bylaw No. 2606, 2013:
Bylaw No. 2606 addressed land use regulation of medical marihuana production facilities licensed by
Health Canada under MMPR. Facilities that are operating under MMAR are not addressed within this
Bylaw.
Marihuana operations which are operating without Health Canada MMPR licenses or valid MMAP
authorizations are not permitted uses in any zone.
Notice of Applications Submitted to Health Canada:
Under the Health Canada regulations, all applications to become a Licenced Producer under the
Marihuana for Medical Purposes Regulations requires the applicant to notify the local government,
local police department and local fire authority of their intent to submit an application. To date, the
Regional District has received or was advised of four (4) notifications located within the following
Electoral Areas:
• Electoral Area “B”: One application for a property zoned General Industrial (I.2).
1
Section 50, Marihuana for Medical Purposes Regulation
Page 14 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
•
Electoral Area “D”: Two applications for properties located within the ALR (one of which is
within an Agricultural Industrial zone); and one application for a Rural zoned property outside
of the ALR.
The Regional District has received a number of preliminary enquiries regarding a medical marihuana
use in general, and some property specific enquiries, but the above are the only Health Canada
notifications received to date.
Staff has confirmed with Health Canada staff that only these four applications are under MMPR
Producer License consideration within the Electoral Areas. Licensed producers must be in compliance
with all Regional District bylaws and Health Canada approval is required prior to the operation and
use of a building or property for medical marihuana production.
Building Permit Requirements:
The Building and Safety Standards Branch has classified medical marihuana production facilities as
low hazard industrial buildings (F-3 occupancies) or medium hazard industrial buildings (F-2
occupancies) under the B.C. Building Code. Basic life safety features such as exits, emergency
lighting, exit signage and ventilation would be required to meet code compliance.
A building permit is required for any new construction, or for a change in use of an existing structure
for a medical marihuana production facility. Any facility that was constructed, or structurally altered, in
the past without a building permit is considered non-compliant.
Development Permit Requirements:
A Development Permit may also be required for properties that include a medical marihuana facility
that are within a Development Permit Area.
Nuisance Concerns:
In response to the referral of Bylaw No. 2606, the RCMP, Interior Health Authority, Electoral Area
Directors and Building Department identified odorous emissions as a nuisance issue that will need to
be further addressed to reduce the impact on adjacent properties, including those zoned residential,
rural, commercial or industrial. Concerns were raised regarding the effectiveness of ventilation
systems, as defined in the Building and Production Security Requirements for Marihuana for Medical
Purposes Guidance Document. These concerns were based upon extensive experience by these
agencies with medical marihuana production and nuisance issues. Minimum parcel sizes were
introduced as a mechanism to reduce potential impacts identified as a result of referral comments.
Health Canada has assured the Regional District that licensed MMPR faculties will not be permitted to
create odours that will affect adjacent properties. Health Canada completes a facility inspection prior
to issuance of the MMPR licenses, although Health Canada has a limited number of inspectors to
ensure compliance after the initial license is issued.
Zoning Implications:
Zoning Text Amendment Bylaw No. 2606, as proposed at Second Reading, permits medical
marihuana production facilities on all Industrial zoned lands (I.1, I.2, I.3 and I.4) with a minimum parcel
size of 1.0 ha and lands zoned Rural (C.R, L.H and N.U) that are within the ALR and have a minimum
parcel size of 8.0 ha.
Page 15 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
The following table provides a summary of all lands zoned Rural within the ALR and Industrial within
the Electoral Areas.
Industrial Zone
# Private
Parcels
I.1
I.2
I.4
Rural Zones
(ALR)
Electoral Area "B"
Electoral Area "C"
Electoral Area "D"
Electoral Area "E"
Electoral Area "F"
1378
1903
1441
714
2350
9
0
0
0
2
12
0
11
0
7
0
0
2
0
2
614
689
930
414
1144
TOTAL
7786
10
30
4
3791
Rural Zones within the ALR:
Currently, the Regional District contains 3,791 private parcels that are entirely or partially within the
ALR, which represents almost 50% of all private parcels in the Electoral Areas. The Agricultural Land
Commission (ALC) has indicated that medical marihuana production is considered a “farm use” and,
through an Information Bulletin updated in January 2014, it was determined that local government can
regulate, but not prohibit, medical marihuana production facilities within the ALR.
As stated in the September 30, 2013 staff report, to be consistent with the direction provided by the
ALC, the proposed Zoning Bylaw amendment would state that a “medical marihuana production
facility” is a permitted use on properties that are located in the ALR and are zoned Country
Residential (C.R), Non-Urban (N.U) and Large Holding (L.H). To limit impacts associated with
offensive odours, noise, vibration or glare in these areas, Bylaw No. 2606 at First Reading proposed
that buildings used to house medical marihuana production facilities be setback 30 m from adjacent
Rural zoned properties, 60 m from Residential zoned properties and 15 m from streams. Such
setbacks would be consistent with setback requirements associated with intensive agricultural uses.
Other jurisdictions have implemented similar setbacks for medical marihuana use, such as Regional
District of Nanaimo and Cowichan Valley Regional District. The Ministry of Agriculture recommends
maximum setbacks of 30 m for intensive agriculture.
A minimum ALR parcel size of 8.0 ha was introduced at Second Reading in response to concerns
expressed by the RCMP, IHA, Regional Agricultural Advisory Committee, the Building Department
and Electoral Area Directors regarding potential odour and other potential nuisances, such as light
pollution and community character impacts.
It is recommended that, after reviewing Public Hearing comments and clarification from Health
Canada regarding security and operational requirements, that the minimum ALR parcel size
requirements be removed from Bylaw No. 2606 and, similar to other intensive agricultural
uses, that setbacks are the primary mechanism for nuisance mitigation.
Based upon the large number of Electoral Area parcels within the ALR, the inability for these facilities
to apply for Farm Class status, future medical marihuana operations on ALR lands would have a
positive property taxation impact on the Regional District.
Since the ALC consider medical marihuana production a permitted farm use, it is
recommended that medical marihuana production be a permitted use within the ALR within all
Electoral Areas, with the exception of Small Holdings (S.H.). This recommendation is
consistent with the Bylaw No. 2606 at First Reading.
Page 16 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
This recommendation will affect one Health Canada MMPR application for a property zoned
Large Holdings (L.H.) and outside of the ALR in Electoral Area “D”. The Board of Directors
could consider permitting “medical marihuana production facilities” on this L.H. parcel for an
existing operation operating under MMAR that was engaged in the MMPR licensing process
prior to Bylaw No. 2606.
Industrial Zones:
As discussed within the staff report dated September 30, 2013, Industrial zones are appropriate zones
for medical marihuana production facilities. In most cases they are close to major roads and urban
areas where emergency response would be improved. Many industrial sites in the Electoral Areas
have greater access to services, fire protection and emergency response than more rural properties
and have high visual permeability and as such, lend themselves well to video surveillance to monitor
vehicular activity and facility access.
Commercial medical marihuana production, based upon the proposed Health Canada requirements,
is consistent with an industrial use, as defined by the Zoning Bylaw, including Light Industrial (I.1),
General Industrial (I.2), Industrial Park (I.3) and Agricultural Industrial (I.4) Zones.
Section 601.1.f Zoning Bylaw within the Light Industrial (I.1) Zone, requires that permitted uses
include “manufacturing and processing provided that they do not create fire, explosion, or safety
hazards; noise in excess of average intensity of street and traffic noise in the area in question; emit
smoke, dust, dirt, toxic, or offensive odours or gas; and there is no production of heat or glare
perceptible from any lot line of the site on which the use is located.”
Industrial zones are the most appropriate sites for licensed medical marihuana facilities, the Electoral
Areas have a very limited industrial land base which result in relatively large financial contributions to
Electoral Area service provision, especially fire protection. With the exclusion of federally-licensed
medical marijuana production facilities as a qualifying farm product for assessment and taxation
purposes under the Classification of Land as a Farm Regulation, staff are supportive of permitting
“medical marihuana production facilities” in all Industrial Zones, which is consistent with Bylaw No.
2606 at First Reading.
Based upon further clarification with Health Canada regarding the mitigation of odour
nuisance issues, staff recommended removing the 1.0 ha parcel size requirement and any
setbacks that are in excess of what is currently within the Zoning Bylaw.
FINANCIAL IMPLICATIONS:
The Regional District does not have a role in determining BCAA property assessment class and
Zoning Bylaws does not supersede the Classification of Land as a Farm Regulation (BC Reg.
411/95). BCAA has informed the Regional District in the past that Farm classification (Class 9) may
be applied to land if it meets the legislated requirements under the Classification of Land as a Farm
Regulation, irrespective of zoning. The Province, as of June 24, 2014, has amended the Classification
of Land as a Farm Regulation to exclude medical marihuana as a eligible agricultural product for
taxation purposes. According to past BCAA information, marihuana production facilities would be
classified as Class 6 – Business and Other, which has a property taxation multiplier of 2.45. BCAA, in
the past, has not considered these facilities to be an industrial use (Classes 4 and 5), which have a
property tax multiplier of 3.4. The location of medical marihuana facilities would financially contribute
to Electoral Area services, which may include fire protection and emergency services, regardless of
location within the ALR or the Industrial Zone.
Page 17 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities)
Report to Electoral Area Advisory Committee - August 25, 2014
Page 8
SUMMARY:
At the regular meeting of May 8, 2014, the EAAC discussed zoning for medical marihuana production
facilities. The Electoral Area Directors expressed concerns regarding the tax rates of commercial
marihuana operations licensed under the Medical Marihuana Purposes Regulations. EAAC requested
that staff investigate and report back on the tax implications of permitting medical marijuana
production facilities within Industrial Zones prior to considering amendments to Bylaw No. 2606.
The intent of the proposed bylaw amendments is to permit and regulate medical marihuana
production facilities that are licensed by Health Canada on land within the Agricultural Land Reserve
and Industrial Zones in the Electoral Areas. Based on the comments received from the Public Hearing
and through the referral process, and recent information received by the Province, staff have revised
Bylaw No. 2606 by:
• Removing all minimum parcel size requirements: and,
• Amending Industrial Zone setback requirement to be consistent with Zoning Bylaw No. 1888.
Therefore, planning staff recommends that Bylaw No. 2606 be given Second Reading, as amended,
and be referred to a second Public Hearing in accordance with the provisions of Section 890 of the
Local Government Act.
Submitted by:
ai-G~rategy
Approved For Inclusion:
Coordinator
Endorsed by:
1 )
of me£ t&f
,
David Sewell,
1.J{){_ Chief Administrative Officer
Rob Smailes, MCIP, RPP
General Manager, Planning and Building
Page 18 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
Appendix “A”: BACKGROUND
Transitioning to Marihuana for Medical Purposes Regulations:
In June 2013, the Marihuana for Medical Purposes Regulations (MMPR) were enacted by the Federal
government to replace the Marihuana for Medical Access Regulation (MMAR) and will be
implemented through a phased approach, to be completed in March 2014. On October 1, 2013
individual licenses to produce marihuana under MMAR were no longer issued. As presented within
the staff report dated September 30, 2013 and included on the November 7, 2013 Electoral Area
Advisory Committee agenda:
“On December 16, 2012, Health Canada announced changes to Federal Legislation regarding
the production and distribution of marihuana for medical purposes. In this regard, the Marihuana
for Medical Purposes Regulations are proposed to become fully implemented by April 1, 2014.
The stated objective of the Regulations is to reduce the risks to public health, security and
safety of Canadians, while improving the way in which individuals access marihuana for medical
purposes. Some of the proposed changes include:
• All current personal and designated grow licenses will expire on March 31, 2014.
• Production of medicinal marihuana will no longer be permitted in private dwellings.
• Production, packaging, labeling and storage of medical marihuana must occur indoors and
on the licensed producer’s site.
• The licensed producer’s site must be designed in a manner that prevents unauthorized
access.
• The perimeter of the licensed producer’s site must be secured with an intrusion detection
system and a visual monitoring system to detect any attempted or actual unauthorized
access.
• Areas within a site where cannabis is present must be equipped with a system that filters air
to prevent the escape of odours and, if present, pollen.
• Medical marihuana will be shipped by producers to users through a courier service. No
retailing will occur at the production site.
• License holders will need to provide the location of the production sites to the local police
force, local fire authority and local government.
• Local government regulatory bylaws, including zoning and building bylaws, will need to be
respected.”
The MMPR requires applicants to notify local government, police and fire authorities prior to applying
to Heath Canada for a commercial medical marihuana production license. The Federal Health
Minister has clarified that local applicants will have to meet the bylaws of local jurisdictions, including
zoning and building requirements (See attached letter).
During the transition period, individuals can make arrangements to access medical marihuana from
licensed producers under the MMPR. As of March 10, 2014, 12 producers have been licensed to
supply medical marihuana under MMPR, including five (5) facilities in British Columbia. The MMAR
and MMPR deal exclusively with the medical use of marihuana and do not address the issue of
legalizing marihuana for general use.
Page 19 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
MMPR Security and Operational Requirements:
In response to citizen concerns expressed at the Public Hearing regarding security and nuisance
concerns, the following MMRP regulations have been summarized:
1) Security Measures - Commercial medical marihuana production must meet the following security
measures:
a) Operations must be fully contained indoors (i.e. all growing, storage, packaging);
b) Sites must be designed in a manner that prevents unauthorized access and an intrusion
detection system must also be in place at the site's perimeter;
c) Buildings must have 24 hour video surveillance to detect any attempted or actual unauthorized
access to the site and buildings;
d) Access to areas where cannabis is present must be controlled by records of access, physical
barriers to prevent unrestricted access, have 24 hour video surveillance and have an intrusion
detection system in place;
e) Distribution of cannabis must be by mail only (i.e. no on-site retailing permitted);
f) Any loss or theft of medical marihuana products must be reported within 24 hours to the local
RCMP and within 10 days to the Health Minister;
g) Security clearance is required for the senior staff in charge as well as the license holder; and,
h) The Health Minister must be notified of any changes in personnel.
2) Inspections:
a) Health Canada may perform inspections to confirm information submitted as part of an
application for a new license, or for an amendment or renewal of an existing license;
b) Health Canada has also indicated that inspections and/or audits will occur on an 'ongoing
basis' for approved commercial medical marihuana production under MMPR;
3) Filtration:
a) Health Canada requires that areas with cannabis be equipped with a filtration system to
prevent the escape of odours and pollen.
Bylaw No. 2606, 2013:
Zoning Text Amendment Bylaw No. 2606, 2013 only addresses medical marihuana production
facilities’ licensed under MMPR and has no effect on facilities that are currently operating under
MMAR. In response to the changes in medical marihuana regulations and the associated land use
implications, Regional District staff presented Zoning Text Amendment Bylaw No. 2606, 2013 to the
Electoral Area Advisory Committee on November 7, 2013 for consideration. Bylaw No. 2606, 2013
proposed the following amendments to Zoning Bylaw 1888, 2003:
1. Create a new definition for Marihuana and Medical Marihuana Production Facilities;
2. Include Medical Marihuana Production Facilities as a permitted use on properties:
a) Within the Agricultural Land Reserve (ALR) in rural Zones (C.R., N.U. and L.H) subject to
the facility meeting agricultural setback requirements;
b) Within Industrial Zones including Light Industrial (I.1), General Industrial (I.2), Industrial
Park (I.3) and Agricultural Industrial (I.4) Zones;
c) Subject to the provisions of Home Occupation Use, potentially as a Home Occupation
use; and,
3. Prohibit Medical Marihuana Production Facilities in all other zones, unless otherwise
permitted.
Page 20 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
At the regular meeting of November 20, 2013, the Board of Directors passed the following resolution:
“That Zoning Text Amendment Bylaw No. 2606, 2013, which proposes to amend Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 to establish regulations related to
medical marihuana production facilities, be given First Reading; and further,
That Zoning Text Amendment Bylaw No. 2606, 2013 be referred to legal counsel, internal
departments (including Fire Departments), Agricultural Land Commission, the Royal Canadian
Mounted Police, Health Canada and other various agencies for review and comment prior to
consideration of Second Reading.”
At the regular meeting of January 16, 2014, staff requested the Electoral Area Advisory Committee
consider appropriate land uses for medical marihuana production within their respective jurisdictions
and provide comments to staff.
In response to the referral, the RCMP, Interior Health Authority, Electoral Area Directors and Building
Department identified odorous emissions as a nuisance issue that will need to be further addressed
within the proposed Bylaw to reduce the impact on adjacent properties. To address these concerns,
staff recommended the following changes to draft Bylaw No. 2606, 2013:
1. Minimum parcel size of 1.0 ha for properties zoned Industrial and additional setback
requirements;
2. Minimum parcel size of 8.0 ha for properties zoned Rural and located within the Agricultural
Land Reserve; and,
3. Prohibited as a Home Occupation.
On February 19, 2014, Zoning Text Amendment Bylaw No. 2606, 2013 was considered by the Board
of Directors and was given Second Reading and the Board also resolved to forward the Bylaw to a
Public Hearing. Bylaw No. 2606 was presented at a Public Hearing on March 5, 2014 and, based upon
concerns raised; the Board of Directors passed the following resolution:
That the matter of Zoning Text Amendment Bylaw No. 2606, 2013 being given Third Reading
be postponed to consider information presented at the Public Hearing and allow for
amendments to the bylaw.
Property Taxation in British Columbia:
Within the Assessment Act, properties are separated into nine property classifications. Municipalities
have authority under Part 7 of the Community Charter to tax property owners. This same authority
does not apply to regional districts. Instead, the Local Government Act provides the authority for
regional districts to establish bylaws setting out maximum taxation amounts. The Province taxes
property owners on the regional districts' behalf and remits the revenue to the regional district.
Property taxation depends upon two different but interrelated mechanisms:
1. Establishment of property values for land and improvements, which is the responsibility of the
BCAA; and,
2. Establishment of a tax rate which, when multiplied by the property value, will raise the
appropriate amount of property taxes.
Municipalities:
The Community Charter grants municipalities the right to set property tax (millage) rates for each
Assessment Act property classification to generate the revenue required to operate the municipality.
Page 21 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
In general, municipal councils have discretion to set these rates at whatever amounts are needed in
order to recover sufficient taxation revenue to meet their needs, and to determine the appropriate ratio
or relationship between tax rates set for each property class. Depending on the economic position and
development goals of a municipality, one property classification may receive favorable treatment over
another.
For instance, a Council could determine that Class 4 (Major Industry) would be taxed at rates that are
four times that set for Class 1 (Residential) and that Class 6 (Business and Other) would be taxed at
rates 3 times the Class 1 rate. Municipalities also have the discretion to create sub-classes within the
nine BCAA property classes that establish differential property taxes for specific uses.
Regional Districts:
Regional districts, as permitted under Part 24 of the Local Government Act, are able to tax properties
for specific services such as:
• fire protection;
• recreation;
• street lighting;
• water;
• garbage;
• sewer;
• general administration.
• recycling; and
Each service is established by bylaw which sets out the maximum amount to be charged for that
service in a given year. A single property may fall within a number of service areas and the taxes that
are charged will be directly related to the services received. Regional districts create annual tax
requisitions specifying the amount to be collected for each service in order to meet annual revenue
needs. The Provincial Surveyor of Taxes establishes a tax rate which is then levied against the
properties within Electoral Areas.
Tax rates for all property classes are set out in the Provincial Regional District Tax Regulation, which
provides a ratio of tax rates to the residential rate as set out below.
•
•
•
•
Class 1 – Residential - 1.00 : 1
Class 2 – Utilities - 3.50 : 1
Class 4 – Major Industry - 3.40 : 1
Class 5 – Light Industry - 3.40 : 1
•
•
•
Class 6 – Business / Other - 2.45 : 1
Class 8 – Recreation / Non-profit - 1.00 : 1
Class 9 – Farm - 1.00 : 1
Unlike property taxation discretion that municipalities have under the Community Charter, the nine (9)
BCAA classes have standard Provincial taxation rates that can not be varied by a regional district.
Farm Class (Class 9):
Section 23 of the Assessment Act and B.C. Reg. A 11/95, the Classification of Land as a Farm
Regulation set out the requirements that must be met for land to be classified as farm for assessment
and tax purposes. Farm classification (Class 9) is a voluntary program. Owners of land who want all
or part of their property classified as farm must apply to the local assessor. The deadline for
application is October 31 of each calendar year and reapplication is required on an annual basis.
Qualifying agricultural uses are listed in Section 1 of the Schedule at the end of the Farm Class
Regulation 411/95. One of the "qualifying agricultural uses" is "medicinal plant culture", which is
defined as "the cultivation or management of plant species, containing naturally occurring substances
that are used to restore, maintain or improve health", which BCAA has determined applied to medical
marihuana production.
Page 22 of 125
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September 17, 2014 - Item D.1
Marihuana f or M edical Purposes Regulations
Q&A package for Municipalities
A. Licensing Process
1. Is there a limit on how many production licences will be approved in
each jurisdiction?
The Marihuana for Medical Purposes Regulations do not limit the number of licensed
producers of marihuana for medical purposes based on geographic location.
2. Are licensed producers required to display their HC licence on site?
No. Licensed producers must keep the original copy of the licence issued by Health
Canada, but it does not need to be posted in the facility. A list of licensed producers is
available on the Health Canada website.
3. What should a licensed producer include in a notification to local
authorities?
Under the Marihuana for Medical Purposes Regulations, a potential licensed producer
must provide a written notice to a senior official of the local government, fire authority
and local police force or detachment of the RCMP in the area in which the site is located.
This written notice must include the name of the applicant, the date on which the
application will be submitted, the address of the proposed site and each building on the
site, and the activities for which the licence is being sought.
The same information must be provided to the local authorities upon a change to the
licence (i.e., issued, amended, revoked or suspended) within 30 days of the status
change.
Please note that a re~onse from the local authority is not required.
4. Who will inform the local authorities when a licence to produce
marihuana for medical purposes has been revoked?
Under the Marihuana for Medical Purposes Regulations, the licensed producer is
required to notify their local authorities regarding changes to the status of their licence,
including revocation. This notice to local authorities must occur within 30 days of the
change. In addition, Health Canada's website is updated regularly.
5. Are there any restrictions on where production sites can be located?
Production of marihuana under the Marihuana for Medical Purposes Regulations can
only be indoors and cannot be conducted in dwelling places.
1 I I' 1
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BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
Marihuana for Medical Purposes Regulations
Q&A package for Municipalities
Licensed producers must also comply with all applicable provincial/territorial and
municipal legislation and regulations. Parties interested in becoming licensed producers
are encouraged to communicate with their municipal officials to determine if there are
any zoning or by"law restrictions.
6. Can a licensed producer operate multiple locations?
Yes. If the applicant intends to engage in an activity at more than one site, the
Marihuana for Medical Purposes Regulations indicate that a separate application must
be made for each proposed site.
7. Are delivery systems such as storefronts or vending machines
compliant with the Marihuana for Medical Purposes Regulations?
No. Licensed producers must ship dried marihuana directly to the client.
8. Can compassion clubs dispense for a licensed producer?
No. Licensed producers must ship dried marihuana directly to the client.
B. Bylaws and Zoning
9.
Do municipal zoning by-laws apply to production sites under the
Marihuana for Medical Purposes Regulations?
Licensed producers must comply with all other federal, provincial and municipal laws
and by"laws, including municipal zoning by-laws. It is the responsibility of the
municipality to conduct the relevant inspections for compliance with by-laws such as
zoning.
Health Canada can only inspect for compliance with the Marihuana for Medical
Purposes Regulations and any related federal legislation.
10. Can municipalities stop the licensing process if they disagree with the
proposed site of production or any other requirement?
Health Canada will issue a licence to produce as long as the applicant satisfies the
requirements set out in the Marihuana for Medical Purposes Regulations. If
2 I I'
Page 24 of 125
;1
I~
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BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
Marihuana for Medical Purposes Regulations
Q&A package for Municipalities
municipalities disagree with the proposed site of production, they can communicate any
concerns directly to the owner of the production site and enforce local by-laws.
Licensed producers are subject to local by-laws. It is the responsibility of the municipality
to conduct the relevant inspections for compliance with local requirements such as
zoning.
C. Security
11. How is HC and/or RCMP/Iocal police enforcing security measures?
All applicants for a producer's licence under the Marihuana fa Medical Purposes
Regulations have to meet rigorous physical security requirements, including a site
design and security system that prevents unauthorized access to their facility.
Additionally, enhanced background checks are undertaken, in cooperation with the
RCMP, to ensure that there are no associations with individuals or organizations that
pose an unacceptable risk, such as the risk of diversion of marihuana to the illicit market.
These checks are required for key personnel and alternates, officers and directors of
corporation. For more information on security, please visit: http://www.hc-sc.gc.ca/dhpmps/marihuana/info/add-supo-eng.php
Once licences are issued, licensed producers are subject to compliance and
enforcement measures, including audits and inspections by Health Canada.
D. Inspections
12. When are inspections conducted by HC?
All licensed producers (LP) of marihuana for medical purposes will be subject to ongoing
inspection on a broad range of factors. There will be three core inspection types: prelicensing inspections, full inspection and targeted inspections.
After an application has been screened and reviewed with a focus on security measures
at the site and for key personnel, a pre-licence inspection is conducted. This is prior to
the issuance of a licence under the Marihuana for Medical Purposes Regulations.
Once an applicant has passed a pre-licence inspection and has met all requirements
under the regulations, a licence is issued. Upon receipt of a licence to produce
marihuana for medical purposes, producers are subject to audits and inspections by
Health Canada.
A full inspection is an inspection after the licence has been issued where the licensed
producer will be assessed against the full range of elements required under the MMPR,
3 I I'
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BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
Marihuana for Medical Purposes Regulations
Q&A package for Municipalities
such as: security measures, record keeping, product storage, review of loss and theft
reports, review of monthly sales reports, inventory audit, etc.
A targeted inspection is an inspection which will focus on previously identified criteria,
such as follow-up to observations previously identified on an inspection or a review of
certain high risk elements, such as review on inventory, product storage, security, etc.
13. Can a municipality request a Health Canada inspection?
If there are concerns regarding the activities taking place at a licensed producer's site,
the information can be provided to Health Canada and the information will be considered
for follow up on a case-by-case basis.
Licensed producers must comply with all other federal, provincial and municipal laws
and by-laws, including municipal zoning by-laws. It is the responsibility of the province,
territory, or municipality to conduct the relevant inspections for compliance with their
laws.
14.What is the scope of an inspection executed by Health Canada?
Health Canada inspects licensed producers for all requirements under the Marihuana for
Medical Purposes Regulations and other related legislation, such as the Narcotic Control
Regulations and Food and Drugs Act. For example, this includes inspecting their
production practices, record-keeping and security measures. In addition, licensed
producers are required to have standard operating procedures. All of these measures
mitigate risks to individual and public health and safety.
15. If non-compliance is identified, does Health Canada have the authority
to suspend or revoke the licence?
Yes. Health Canada has the authority to suspend or revoke a licence as described in the
Marihuana for Medical Purposes Regulations. Examples of circumstances where a
licence can be suspended or revoked include:
•
grounds to believe that the licence was issued on the basis of false or misleading
information;
•
the licensed producer has contravened a provision of the Controlled Drugs and
Substances Act or the Food and Drugs Act ;
•
the licensed producer has contravened a condition of their licence or of an import
or export permit issued under the Marihuana for Medical Purposes Regulations,
41
Page 26 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
Marihuana for Medical Purposes Regulations
Q&A package for Municipalities
•
information received from law enforcement raises grounds to believe that they
have been involved in he diversion of a controlled substance to an illicit market;
•
key persons required to hold a security clearance do not hold a valid clearance;
and
•
it is necessary to suspend or revoke the licence to protect public health, safety,
or security.
E. Transition from the Marihuana Medical Access Regulations
16. What will happen to all of the marihuana plants that were legal under
the old program?
When a licence to produce or an authorization to possess marihuana for medical
purposes expires or is revoked under the R"ogram participants must destroy all
marihuana in their possession and notify the Minister of Health of the destruction within
10 days.
If participants do not comply with the requirement to notify Health Canada, the
department may take compliance and enforcement actions, including notifying law
enforcement of non-compliance.
17. What experience does Health Canada have in regulating manufacturers
and distributors of drugs (like marihuana)?
Health Canada has been regulating the activities of manufacturers and distributors of
controlled drugs, including cannabis, since the coming into force of the Narcotics Control
Act in 1961. The Narcotics Control Act was repealed in 1996 by the current Controlled
Drugs and Substances Act. Health Canada has a licensing scheme in place that is
supported by compliance and enforcement activities to ensure compliance with the Act
and its regulations.
Page 27 of 125
13.C. pt·cscrvcs loca l governments' tax revenues Ji·orn medical marijuana growers
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
View the ocjnLec-friendlv yerstoo of this release.
BRITISI-1
COLUMBIA
INFORMATION BULLETIN
Ministry of Community, Sport and Cultural
For Immediate Release
Development
2014CSCD0039-000862
M inistry of Agriculture
June 24, 2014
B.C. preserves local governments' tax revenues from medical marijuana growers
VICTORIA- The Government of Brit ish Columbia is excludi ng federally-licensed medical marijuana
production from t he list of agricult ural uses t hat qualify for farm classif ication fo r assessment and property
tax purposes.
The decision w ill ensure local governments do not lose potentia l property tax revenues from the Hea lt h
Canada licensed -productio n facilities.
M edical marij uana is a federally-regulated narcotic prod uced by licensed operators in British Columbia.
There are currently five federally-licensed facilit ies in Brit ish Colum bia.
B.c.'s position takes into consideration t he nat ure of t he highly- regulated and secure facilities, and is
consist ent with t he approach being taken in neighbouring Alberta.
The Governm ent of Brit ish Columbia will also cont inue to view medica l-marij uana production as an
allowable f arm use wit hin t he Agricult ural Land Reserve t hat should not be prohibited by local government
bylaws. This is consistent with t he Agricultu ral Land Commission's interpretation of the Agricultural Land
Commission Act.
Federal regulations for medical marij uana came into effect April 1, 2014. The exclusion f rom farm
classificat ion for property tax purposes will take effect for property assessment s in the 2015 taxat ion year.
Media Contacts:
Shannon Hagerman
Robert Boelens
Minist ry of Community, Sport and Cultural
Ministry of Agri culture
Development
250 356-1674
250 953-3677
http://www2.news.gov.bc.ca/news_rclcases_20 13-2017/20 14CSCD0039-000862.htm f6/24/20 14 2: I I:56 PM]
Page 28 of 125
13.C. preser·ves local govemmenls' lnx revenues from mcdical mnrijunnn growers
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
BACKGROUNDER
For Immed iate Release
Ministry of Community, Sport and Cultural
2014CSCD0039-000862
Development
Ministry of Agriculture
June 24, 2014
Eligibility for farm classification for property tax purposes
In British Columbia, the BC Assessment Act specifies which farm uses qualify for farm classification for
property tax assessment purposes. If the income derived from these qualifying uses meets the prescribed
levels, the land and buildings in which the activities are carried out may be eligible for certain tax benefits.
Farm class confe rs significant benefits to a property through low land values, reduced tax rates, PST
exemptions and exemptions on farm buildings of up to 87.5% of value.
The B.C. government has amended the farm class regulation to exclude federally-licensed medical
marijuana production facilities as a qualifying farm product for assessment and taxation purposes. This
means the facilit ies would not be eligible for the benefits of farm classifi cation. The regulatory amendment
will take effect in the 2015 property taxation year.
There are already approved activities on Agricultural Land Reserve (ALR) land t hat are not eligible for farm
classification for assessment and property t ax purposes. Excluded products and activit ies include farm or
ranch tourism operations; sand and gravel extraction operations and winery and cidery facilities.
Facilit ies are accepted farm use within Agricultural Land Reserve
Licensed medical marijuana production facilities may be located on both provincial ALR and non-ALR lands,
subject to local government zoning and other site requirements. The Agricultural Land Commission has
determined that medical marijuana production is consistent with the definition of a fa rm use under the
Agricultural Land Commission Act. However, as a federally-regulated narcotic, it w ill not be eligible for
farm classification for property tax purposes. Consistent with t he fede ral government's direction and the
Agricult ural Land Commission's posit ion, and based on legal guidance, t he Province agrees local
governments should not prohibit medical marijuana production in the ALR.
Loca l govern ments looking to propose a bylaw prohibiting medical marij uana may wish to seek legal
cou nsel as enacting such a bylaw may give rise to a constitutional challenge as frustrating a lawful init iat ive
of t he federal government.
Health Canada licensed facilities:
Since 2001, Health Canada has granted access to marijuana for medical purposes to Canadians who have
had the support of t heir physicians. In June 2013, the Government of Canada introduced new regulations
t hat treat medical marijuana as a cont rolled narcotic and created a new commercial industry that is
responsible for its production and distri bution. As of Aprill, 2014, the on ly way to access medical
marijuana for med ical purposes is t hrough commercia l, licensed productions.
http://www2.ncws.gov.bc.cu/ncws_rclcuscs_20 13-2017/20 14CSCD0039-000862. htllll6/24/20 1112: I I:56 PMJ
Page 29 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
IJ.C. pr·eserves local governments' tux r·evenues li·om rncdical rnarijuana growers
The federal government requires licensed producers t o maintain specific security measures, including a
det ailed description of the measures and floor plans of the site, and to meet local government
requirements as a condition of their license. As of M ay 5, 2014, five licenses have been issued to
producers in Central Saanich, M aple Ridge, Whistler, Nanaimo and Spa llumcheen.
Quick Links:
Health Canada (Medical Use of Marij uana): www.hc-sq~c.ca/dhp -mps/marihuana/index-ene;.php
BC Assessment: www bcassessmeot ca/Paies/default.aspx
Agricultural Land Commission: http://www.alqNv.bc.ca
http://www.alc.e;ov.bc.ca/publications/ALC Info Bulletin Marijuana Amended Jan 2014.pdf
Media Contacts:
Shannon Hagerman
Robert Boelens
Ministry of Community, Sport and Cultural
M inistry of Agriculture
Development
250 356-1674
250 953-3677
Connect with t he Province of B.C. at: www.e;ov.bc.ca/connect
hllp://www2.ncws.gov.bc.ca/news_releases_20 13-20 17/20 14CSCI)0039-000862.html,6/24/20 14 2: II :56 PMJ
Page 30 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2606
A bylaw to amend the text of Zoning Bylaw No. 1888, 2003 to regulate medical marihuana
production facilities.
WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C.,
1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the
Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional
District into zones, name each zone, establish boundaries for the zones and regulate uses
within those zones;
AND WHEREAS the Board has created zones, named each zone, established boundaries for
these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto
AND WHEREAS the Board is desirous to amend the Zoning Bylaw to regulate Medical
Marihuana Production Facilities;
NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open
meeting assembled, enacts as follows:
A. CITATION
This Bylaw may be cited as the “Zoning Bylaw Text Amendment No. 2606, 2013”.
B. AMENDMENTS
1. Division Two – Interpretation of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding the following definitions:
“Marihuana” means all parts of the genus cannabis whether growing or not and the
seed or clone of such plants.
"Medical Marihuana Production Facility" means a facility, licensed by the Federal
Government under the Marihuana for Medical Purposes Regulation used solely for the
production, manufacturing, processing, testing, packaging, and shipping of marihuana
and marihuana products for medical purposes.
2. Division Three – Basic Provisions of the Regional District of North Okanagan Zoning
Bylaw No. 1888, 2003 is hereby amended by adding Section 306.9 as follows:
Medical marihuana production facilities or grow operations except as explicitly permitted
under the provisions of this bylaw.
Page 31 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
3. Division Six – Industrial Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by amending Section 601.1.f as follows:
...manufacturing and processing, including medical marihuana production facilities,
provided that they do not create fire, explosion, or safety hazards; noise in excess of
average intensity of street and traffic noise in the area in question; emit smoke, dust, dirt,
toxic, or offensive odours or gas; and there is no production of heat or glare perceptible
from any lot line of the site on which the use is located...
4. Division Six – Industrial Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 604.1.i. as follows:
Medical marihuana production facilities, provided that they do not create fire, explosion,
or safety hazards; noise in excess of average intensity of street and traffic noise in the
area in question; emit smoke, dust, dirt, toxic, or offensive odours or gas; and there is no
production of heat or glare perceptible from any lot line of the site on which the use is
located.
5. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 802.1.u. as follows:
Medical Marihuana Production Facilities, subject to the provisions of 802.10.m. of this
Bylaw.
6. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 802.10.m. as follows:
Medical Marihuana Production Facilities
Medical marihuana production facilities shall only be permitted on lands within the
Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and
provided that these facilities do not discharge or emit odorous, toxic or noxious matter or
vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess
of ambient noise at the property boundary; electrical interference; or any other health or
safety hazards.
7. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 803.1.v. as follows:
Medical Marihuana Production Facilities, subject to the provisions of 803.10.n. of this
Bylaw.
8. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 803.10.n. as follows:
Medical Marihuana Production Facilities
Medical marihuana production facilities shall only be permitted on lands within the
Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and
provided that these facilities do not discharge or emit odorous, toxic or noxious matter or
vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess
of ambient noise at the property boundary; electrical interference; or any other health or
safety hazards.
Page 32 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
9. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 804.1.v. as follows:
Medical Marihuana Production Facilities, subject to the provisions of 804.10.o. of this
Bylaw.
10. Division Eight – Rural Zones of the Regional District of North Okanagan Zoning Bylaw
No. 1888, 2003 is hereby amended by adding Section 804.10.o. as follows:
Medical Marihuana Production Facilities
Medical marihuana production facilities shall only be permitted on lands within the
Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and
provided that these facilities do not discharge or emit odorous, toxic or noxious matter or
vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess
of ambient noise at the property boundary; electrical interference; or any other health or
safety hazards.
11. Division Eleven – Off Street Parking, Schedule “B” of the Regional District of North
Okanagan Zoning Bylaw No. 1888, 2003 is hereby amending Section 1101.3. Schedule
of Parking Requirements to include:
Uses
Medical Marihuana
Production Facilities
Minimum Number of Parking Spaces Required
1.5 per 100 m² (1076 square feet) gross floor area
12. Division Sixteen – Agriculture Setbacks in Rural Zones, Schedule “G” of the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by
amending Table 1: Minimum Setbacks From Lot Lines – Principle Farm Buildings,
Structures and Areas, Row 1, Column 4: Dog Kennels, Livestock, Poultry, Game & Fur as
follows:
Dog Kennels, Livestock, Poultry, Game & Fur, Medical Marihuana (barns, brooder
houses, confined livestock areas, medical marihuana production facilities fur farming
sheds, hatcheries, kennels, livestock shelters, milking facilities, indoor and outdoor riding
arenas & stables)
13. Division Sixteen – Agriculture Setbacks in Rural Zones, Schedule “G” of the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by
amending Table 2: Minimum Setbacks From Lot Lines – Residential Zones – Accessory
Farm Buildings, Structures and Areas, Row 1, Column 4: Livestock, Poultry, Game & Fur
as follows:
Livestock, Poultry, Game & Fur, Medical Marihuana
14. Division Sixteen – Agriculture Setbacks in Rural Zones, Schedule “G” of the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by
amending Table 3: Minimum Setbacks From Lot Lines – Other Than Residential Zones –
Accessory Farm Buildings, Structures and Areas, Row 1, Column 4: Dog Kennels,
Livestock, Poultry, Game & Fur as follows:
Livestock, Poultry, Game & Fur, Medical Marihuana
Page 33 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.1
15. Division Sixteen – Agriculture Setbacks in Rural Zones, Schedule “G” of the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by
amending Table 4: Building and Facilities Setbacks from Watercourses for Riparian
Protection in Farming Areas, Row 2, Column 4: Category 3:
Medical Marihuana Production Facility
Read a First Time
this
20th
Read a Second Time, as amended
this
19th
Advertised on
this
this
26th
28th
day of
day of
February, 2014
February, 2014
Public Hearing held pursuant to the provisions of
Section 890 of the Local Government Act
this
5th
day of
March, 2014
Read a Second Time, as amended
this
day of
, 2014
Advertised on
this
this
day of
day of
, 2014
, 2014
Public Hearing held pursuant to the provisions of
Section 890 of the Local Government Act
this
day of
, 2014
Read a Third Time
this
day of
, 2014
Approved by Minister of Transportation and
Infrastructure
(Transportation Act s. 52(3))
this
day of
, 2014
ADOPTED
this
day of
, 2014
Chair
day of
November, 2013
February, 2014
Corporate Officer
Page 34 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 13-0317-B-TA / 3060.03.03
TO:
Board of Directors
FROM:
Planning Department
DATE:
September 8, 2014
SUBJECT:
Zoning Text Amendment Bylaw No. 2613, 2013 [Mineral Extraction]
RECOMMENDATION:
That following consideration of comments received at the Public Hearing, Zoning Text Amendment
Bylaw No. 2613, 2013 which proposes to amend regulations related to limited resource use within the
Country Residential (C.R) Zone be considered for Third Reading.
BACKGROUND/HISTORY:
The Board of Directors passed the following resolution at the Regular Meeting of August 21, 2013:
That staff be directed to prepare an amendment to the Country Residential (C.R) zone of the
Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to prohibit the extraction of
minerals from properties within Electoral Areas “B” and “C”; and further
That staff be directed to work with the Ministry of Energy and Mines in preparing a Soil Removal
Bylaw to prohibit the extraction of minerals from properties within Electoral Areas “B” and “C”.
In response to the above noted direction, staff prepared Zoning Text Amendment Bylaw No. 2613,
2013 which proposes to prohibit mineral extraction and processing in the Country Residential (C.R)
zone in Electoral Areas “B” and “C”. Concurrently, staff prepared draft Soil Removal and Deposit
Bylaw No. 2620 which proposed a prohibitive approach to aggregate extraction within the Country
Residential (C.R.) Zone, with several exemptions.
A report and draft Bylaw No. 2613 was presented to the Electoral Area Advisory Committee on
December 5, 2013 and on December 11, 2013, the Board of Directors passed the following resolution:
That Zoning Text Amendment Bylaw No. 2613, 2013, which proposes to amend the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 by prohibiting mineral extraction and
processing in the Country Residential (C.R) zone in Electoral Areas "B" and "C" be given First
Reading; and further,
That Zoning Text Amendment Bylaw No. 2613, 2013 be referred to internal departments, legal
counsel, the Agricultural Land Commission, the Ministry of Energy and Mines, Advisory
Planning Commissions and various agencies for review and comment prior to consideration of
Second Reading.
Page 35 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
Zoning Text Amendment Bylaw No. 2613, 2013 [Mineral Extraction]
Report to Board of Directors – September 8, 2014
Page 2
The Regional District referred Zoning Text Amendment Bylaw No. 2613, 2013, on October 18, 2013
for agency comment. Comments were received from Ministry of Energy and Mines; Ministry of
Agriculture; Agricultural Land Commission (ALC); Electoral Areas “B” and “C” Advisory Planning
Commissions; and the Ministry of Transportation and Infrastructure.
At the Regular Meeting of August 20, 2014, the Board considered the referral comments and passed
the following resolution:
That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013 which
proposes to amend regulations related to limited resource use within the Country Residential
Zone be amended by replacing Section B.1 with the following:
“Division Eight of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is
hereby amended by replacing the first paragraph of Section 802.10.h with the following:
For the purposes of this section Limited Resource Use means a use of a lot providing for the
conservation, management, and extraction of primary forest, mineral, and other resource
materials grown on or originating from the same lot. Within Electoral Areas “D”, “E” and “F”,
Limited Resource Use includes the following processing activities: preliminary grading, cutting
or crushing of such materials for shipment. Within Electoral Areas “B” and “C”, Limited
Resource Use excludes all processing activities.”; and further,
That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013 be
given Second Reading as amended; and further,
That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013, as
amended, be referred to internal departments, Ministry of Energy and Mines, Agricultural Land
Commission and various agencies for review and comment.
REFERRAL COMMENTS:
In follow-up to the Board’s direction, Bylaw No. 2613 and associated staff reports were referred for
comments to the Ministry of Energy and Mines; Ministry of Agriculture; Agricultural Land Commission;
Ministry of Environment; and the Ministry of Transportation and Infrastructure.
Ministry of Agriculture
No comments were received in regards to the above noted referral.
Agricultural Land Commission
The ALC advised that they have no objections to Bylaw 2613.
Ministry of Transportation and Infrastructure
The Ministry advised their conditions remain unchanged (no objections) and the Bylaw will require their
endorsement prior to adoption.
Ministry of Environment
No comments were received in regards to this referral.
Ministry of Energy and Mines
The Ministry advised that their primary concerns regarding Bylaw No. 2613 are as follows:
Page 36 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
Page 37 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2613
A bylaw to amend the text of Zoning Bylaw No. 1888, 2003 to prohibit mineral extraction and
processing in the Country Residential Zone of Electoral Areas “B” and “C”.
WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C.,
1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the
Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional
District into zones, name each zone, establish boundaries for the zones and regulate uses
within those zones;
AND WHEREAS the Board has created zones, named each zone, established boundaries for
these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto;
AND WHEREAS the Board is desirous to amend the Zoning Bylaw to prohibit mineral extraction
and processing within the Country Residential Zone of Electoral “B” and “C”;
NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open
meeting assembled, enacts as follows:
A. CITATION
1. This Bylaw may be cited as the “Zoning Text Amendment Bylaw No. 2613, 2013”.
B. AMENDMENTS
1. Division Eight of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is
hereby amended by replacing the first paragraph of Section 802.10.h with the following:
For the purposes of this section Limited Resource Use means a use of a lot providing for
the conservation, management, and extraction of primary forest, mineral, and other
resource materials grown on or originating from the same lot. Within Electoral Areas “D”,
“E” and “F”, Limited Resource Use includes the following processing activities: preliminary
grading, cutting or crushing of such materials for shipment. Within Electoral Areas “B” and
“C”, Limited Resource Use excludes all processing activities.
Read a First Time
this
11th
day of
December, 2013
Read a Second Time as amended
this
20th
day of
August, 2014
Advertised on
and
this
this
10th
12th
day of
day of
September , 2014
September , 2014
Public Hearing held pursuant to the provisions of
Section 890 of the Local Government Act on
this
day of
, 2014
Page 38 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
Page 2 of 2
Bylaw No. 2613
Read a Third Time
this
day of
, 2014
Approved by Minister of Transportation and
Infrastructure on
(Transportation Act s. 52(3))
this
day of
, 2014
ADOPTED
this
day of
, 2014
Chair
Corporate Officer
Page 39 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 13-0317-B-TA
TO:
Electoral Area Advisory Committee
FROM:
Planning Department
DATE:
July 18, 2014
SUBJECT:
Zoning Text Amendment Bylaw No. 2613, 2013
RECOMMENDATION:
That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013, which
proposes to amend regulations related to limited resource use within the Country Residential Zone, be
amended by replacing Section B.1 with the following:
“Division Eight of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby
amended by replacing the first paragraph of Section 802.10.h with the following:
For the purposes of this section Limited Resource Use means a use of a lot providing for the
conservation, management, and extraction of primary forest, mineral, and other resource
materials grown on or originating from the same lot. Within Electoral Areas “D”, “E” and “F”,
Limited Resource Use includes the following processing activities: preliminary grading, cutting or
crushing of such materials for shipment. Within Electoral Areas “B” and “C”, Limited Resource
Use excludes all processing activities.”; and further,
That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013 be given
Second Reading as amended; and further,
That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013, as
amended, be referred to internal departments, Ministry of Energy and Mines, Agricultural Land
Commission and various agencies for review and comment.
BACKGROUND/HISTORY:
Brentwood Road and area residents appeared as a delegation to the Electoral Area Advisory
Committee at the Regular Meeting of August 8, 2013. The residents were concerned about an
aggregate operation in the area. In response to these concerns, the Electoral Area Advisory
Committee forwarded a resolution for the Board’s consideration. The Board of Directors passed the
following resolution at the Regular Meeting of August 21, 2013:
That staff be directed to prepare an amendment to the Country Residential (C.R) zone of
the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to prohibit the
extraction of minerals from properties within Electoral Areas “B” and “C”; and further
Page 40 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
Zoning Text Amendment Bylaw No. 2613, 2013 [Mineral Extraction]
Report to Electoral Area Advisory Committee – July 18, 2014
Page 2
That staff be directed to work with the Ministry of Energy and Mines in preparing a Soil
Removal Bylaw to prohibit the extraction of minerals from properties within Electoral Areas
“B” and “C”.
In response to the above noted direction, staff have prepared Zoning Text Amendment Bylaw No.
2613, 2013 which proposes to prohibit mineral extraction and processing in the Country Residential
(C.R) zone in Electoral Areas “B” and “C”. Concurrently, staff prepared draft Soil Removal and
Deposit Bylaw No. 2620 which proposed a prohibitive approach to aggregate extraction within the
Country Residential (C.R.) Zone, with several exemptions.
A report and draft Bylaw No. 2613 was presented to the Electoral Area Advisory Committee on
December 5, 2013 and on December 11, 2013, the Board of Directors passed the following resolution:
That Zoning Text Amendment Bylaw No. 2613, 2013, which proposes to amend the
Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by prohibiting mineral
extraction and processing in the Country Residential (C.R) zone in Electoral Areas "B" and
"C" be given First Reading; and further,
That Zoning Text Amendment Bylaw No. 2613, 2013 be referred to internal departments,
legal counsel, the Agricultural Land Commission, the Ministry of Energy and Mines,
Advisory Planning Commissions and various agencies for review and comment prior to
consideration of Second Reading.
The Regional District referred Zoning Text Amendment Bylaw No. 2613, 2013, on October 18, 2013
for agency comment.
REFERRAL COMMENTS:
Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013 was referred to
the following agencies on October 18, 2013:
Ministry of Energy and Mines;
Electoral Areas “B” and “C” Advisory
Planning Commissions;
Ministry of Agriculture;
Ministry of Transportation and Infrastructure;
Agricultural Land Commission (ALC);
Ministry of Agriculture:
The Ministry had no objection to Bylaw No. 2613.
Agricultural Land Commission:
The ALC had no objection to Bylaw No. 2613, but advised that prohibiting gravel extraction may not
be permitted as per provincial statute.
Ministry of Transportation and Infrastructure:
The Ministry advised that their primary interest is the impact of the Bylaw on existing road
infrastructure and traffic flows. Any mining, processing or extraction activities require an Industrial
Access Permit which may be conditional upon completion of road upgrades or other improvement
works. The Ministry advised that the Bylaw is not likely to create a negative impact to our highway
infrastructure and had no objections to its adoption.
Page 41 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
Zoning Text Amendment Bylaw No. 2613, 2013 [Mineral Extraction]
Report to Electoral Area Advisory Committee – July 18, 2014
Page 3
Ministry of Energy and Mines:
The Ministry of Energy and Mines (MEM) reviewed Bylaw No. 2613 and provided the following
comments in a letter dated December 10, 2013, which is attached to this report:
“Under the Local Government Act, extraction of minerals and mining of sand, gravel and
construction stone cannot be controlled by a zoning bylaw.”
MEM further advised that they would not be supportive of bylaws that prohibit soil removal or mineral
extraction, but indicated that under Section 723 of the Local Government Act, regional districts are
able to control, to a certain extent, where aggregate activities occur through soil removal and deposit
bylaws. The Regional District has been in communication with the Ministry on this subject and draft
Soil Removal and Deposit Bylaw No. 2647 has been drafted reflecting Ministry referral comments.
ANALYSIS:
To address the direction provided by the Board of Directors, draft Bylaw No. 2613, at First Reading,
proposed to amend Section 802.10.h of Zoning Bylaw No. 1888, 2003 by adding a new sub-section
that would state that a limited resource use shall also “specifically exclude mineral extraction and
processing in the Country Residential Zone within Electoral Areas “B” and “C”.”
A number of Provincial Acts pertaining to resource extraction activities supersede the authority of the
Regional District over both Crown and private lands. These include the Mines Act and the Mineral
Tenure Act. In view of this fact, mineral, gravel and quarry extraction, excluding commercial
processing and manufacturing operations, cannot be restricted by a zoning bylaw.
The Regional District cannot regulate where a mineral, aggregate or quarrying extraction operation is
located, which is authorized by the Ministry of Energy and Mines, but can regulate where the
processing of extracted materials can occur beyond what is required for simple transport.
Section 723 of the Local Government Act permits a regional district to regulate soil removal and
deposit activities, including aggregate extraction, through soil removal and deposit bylaws.
Proposed Amendments – Section 802 – Country Residential (C.R) Zone:
Section 802.1.k of Country Residential (C.R) zone states that “limited resource uses” are a permitted
use subject to the provisions of Section 802.10.h of the Zoning Bylaw. Section 802.10.h states that:
For the purposes of this section limited resource use means a use of a lot providing for the
conservation, management, and extraction of primary forest, mineral, and other resource materials
grown on or originating from the same lot including the preliminary grading, cutting, or crushing of
such materials for shipment. A limited resource use shall:
i.
specifically exclude all manufacturing of products and any processing not mentioned above;
and
ii.
not be permitted on a lot of less than 2 ha; and
iii.
not include the storage, repair or maintenance of heavy equipment of an off-site logging,
mining or other resource based use or business other than one such vehicle used by the
owner to commute to his off-site place of business on a day to day basis.
Page 42 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
Zoning Text Amendment Bylaw No. 2613, 2013 [Mineral Extraction]
Report to Electoral Area Advisory Committee – July 18, 2014
Page 4
After reviewing draft Electoral Area “B” and “C” Official Community Plan policies, the draft Soil
Removal and Deposit Bylaw, other Regional District Bylaws and, staff recommend the following
amendments be made to the first paragraph of Section 802.10.h of Zoning Bylaw No. 1888:
For the purposes of this section Limited Resource Use means a use of a lot providing for the
conservation, management, and extraction of primary forest, mineral, and other resource
materials grown on or originating from the same lot including the preliminary grading, cutting, or
crushing of such materials for shipment. Within Electoral Areas “D”, “E” and “F”, Limited
Resource Use includes the following processing activities: preliminary grading, cutting or
crushing of such materials for shipment. Within Electoral Areas “B” and “C”, Limited Resource
Use excludes all processing activities.
The proposed amendment will align the Zoning Bylaw with both the 2003 and 2013 OCPs, which have
identified aggregate and quarry processing an industrial use that is not appropriate within residential
and rural zones.
The recommended changes to the Country Residential (C.R.) Zone limited resource use regulations
within the Zoning Bylaw do not place restrictions on mineral and soil extraction activities and the
regulatory approach of the Regional District is reliant on soil removal and deposit bylaws (Section 723
of the Local Government Act) for soil extraction and the ability of local governments to regulate
aggregate processing through zoning bylaws.
Rural Vernon Official Community Plan Bylaw No. 1708, 2003
It is suggested that the proposed amendments would be consistent with the Rural Vernon Official
Community Plan which states that:
1. the Regional District recognizes that the Silver Star Foothills area may have locations suitable for
future sand and gravel extraction operations and the Regional District will have due regard for
these resource values when considering land development proposals in this general vicinity.
2. Except where a parcel is currently zoned Non Urban, Large Holding or Industrial, an application to
amend this Plan is necessary to consider a sand and gravel operation as an Industrial designation
to permit a Resource Use as outlined in the Zoning Bylaw; in addition, an application to rezone the
property will also be required which applications may or may not be approved.
Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2013 (Second Reading)
The unadopted Electoral Areas “B” and “C” OCP includes several policies that are supportive of the
proposed changes in the Zoning Bylaw, including:
3.2.6 The processing of minerals, sand, gravel, coal or quarry materials shall be subject to the policies
of this Plan, and shall require application for industrial zoning or a Temporary Industrial Use
Permit
Provincial Legislation
The Ministry of Energy and Mines regulates mineral extraction through the Mines Act and issues
permits for mineral extraction. The Agricultural Land Commission regulates the removal and deposit
of soil on lands located within the Agricultural Land Reserve through the Agricultural Land
Commission Act and the Agricultural Land Reserve Use, Subdivision and Procedure Regulation.
Page 43 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
Zoning Text Amendment Bylaw No. 2613, 2013 [Mineral Extraction]
Report to Electoral Area Advisory Committee – July 18, 2014
Page 5
Federal and provincial legislation and guidelines are in place to safeguard the environment. According
to the Aggregate Operator’s Best Management Practices (BMP) Handbook1:
“All aggregate production must be carried out in an environmentally sensitive manner. This
can be accomplished through careful planning and BMP use on the property, and through
coordinating on property activities with the environmental activities of the immediate
neighboring area.”
Aggregate extraction has the potential to impact the environment and adjacent property owners in a
number of ways, including habitat loss through vegetation removal, sedimentation of streams, dust,
and noise, changes to surface hydrology and groundwater and potential acid rock drainage.
Zoning Text Amendment Bylaw No. 2613, in conjunction with the draft Soil Removal and Deposit
Bylaw, propose to regulate mineral extraction and processing within the Country Residential (C.R.)
Zone of Electoral Areas “B” and “C”. As the Agricultural Land Commission and the Ministry of Energy
and Mines have concurrent jurisdiction on this matter, it is recommended that it be referred to them for
comment prior to the Public Hearing of the Bylaw.
LEGAL/STATUTORY AUTHORITY:
Mineral extraction has been held by Canadian courts to be a consumption of land, rather than a use of
land and therefore is not subject to zoning powers.2 Extraction of minerals may not be prohibited by
local governments through zoning powers3. This limitation applies to the extraction of minerals only
and not to the processing of those materials which would thereby be considered ordinary industrial
uses that may be regulated.
A series of BC court cases has established that local governments can use Zoning Bylaws to regulate
or even prohibit “…any related activity at the [mine site] that is not necessary for extraction.”4
Moreover, processing of mineral and the manufacturing of mineral-based products are uses of land
subject to regulation and potentially prohibition under zoning controls. The ability of local governments
to regulate or prohibit processing has been confirmed in a number of recent court decisions.5
SUMMARY:
The Board of Directors directed staff to prepare Zoning Bylaw amendments and a Soil Removal Bylaw
to enable the Regional District to prohibit mineral extraction and processing within the Country
Residential (C.R.) zone in Electoral Areas “B” and “C”. The Ministry of Energy and Mines, in response
to the Bylaw No. 2613, confirmed that mineral and soil extraction, including aggregate, can not be
prohibited through zoning bylaws.
1
Ministry of Energy and Mines, 2002.
http://www.empr.gov.bc.ca/mining/mineralstatistics/mineralsectors/constructionaggregates/reportsandpublications/pages/aggregateoperator
s.aspx
2
In British Columbia: Vernon (City) v. Okanagan Excavating Ltd., (1993) BCDC confirmed that extraction is not a use of land.
3
Note that ‘extraction’ includes only as much drilling, blasting and breaking necessary to permit transport of the resource off site.
4
Nanaimo (Regional District) v. Jameson Quarries Ltd., 2005 BCSC 1639, River Quarries Ltd v Dewdney-Alouette (Regional District}, [1995]
(BC Supreme Court)
5
Pitt River Quarries Ltd. v. Dewdney-Alouette Regional District (1995), 27 M.P.L.R. (2d) 257; Squamish (District) v. Great Pacific Pumice
(1999) BCSC, (2000) BCCA 208, (2002) BCSC 933, (2003) BCCA 404; Cowichan Valley (Regional District) v. Norton (2005) BCSC 1056;
Nanaimo (Regional District) v. Jameson Quarries Ltd (2005) BCSC 1639
Page 44 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.2
Page 45 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 14-0155-B-RZ
TO:
Board of Directors
FROM:
Planning Department
DATE:
September 4, 2014
Rezoning Bylaw No. 2652, 2014 [Six Star Holdings Ltd. c/o B.
Monaghan]
SUBJECT:
RECOMMENDATION:
That following consideration of comments received at the Public Hearing, Rezoning Bylaw No. 2652,
2014 to rezone the property legally described as That Part of Lot 2, Blk 5 Lying E of the Road Shown
on Plan H433, Sec 23, Twp 8, ODYD, Plan 749, Except Plans 33945 and H16713 and located at
Highway 97, Electoral Area 'B’ from the Country Residential [C.R] Zone to the Service Commercial
[C.4] Zone be considered for Third Reading.
BACKGROUND:
The applicant is proposing to amend the zoning of the subject property from the Country Residential
[C.R] Zone to the Service Commercial [C.4] Zone. If approved, the owner proposes to construct of a
1,275 m2 building to accommodate office space and a shop for service and repair of company owned
trucks and small equipment, machining and millworks, and for storage of small tools and equipment.
Four companies, including Hoban Construction Ltd. (road construction), Hoban Equipment Ltd.
(equipment rental), AWA Asphalt Ltd. (asphalt plant operations), and World Tech Solutions Ltd.
(software development), are proposed to operate from the office and would have approximately 30 to
45 employees.
At the Regular Meeting of August 20, 2014 the Board of Directors gave First and Second Readings to
Rezoning Bylaw No. 2652, 2014 and referred the Bylaws to a Public Hearing.
In addition, the Board resolved that That Final Adoption of Rezoning Bylaw No. 2652, 2014 be
withheld until:
1) the applicant submits design recommendations from a consulting engineer regarding the proposed
on-site sewage disposal and stormwater management systems and registers a covenant that
would restrict permitted uses on the subject property to those which would generate a maximum
daily sewage flow of 1400 litres per day or less; or
2) if the development would generate maximum daily sewage flow in excess of 1400 litres per day,
the applicant submits:
• a hydrological assessment from a hydrological engineer that reviews local groundwater and
surface water conditions with consideration of possible contamination of Swan Lake or a
tributary watercourse or ditch; and
Page 46 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Bylaw No. 2652, 2014 [Six Star Holdings Ltd. c/o B. Monaghan]
Report to Board of Directors – September 4, 2014
Page 2
a geotechnical evaluation from a geotechnical engineer that reviews local soil conditions with
the identification of a primary and separate backup drainfield location which would be
protected by a covenant; and
• a design for a sewage disposal and stormwater management system prepared by a civil
engineer; and
3) the applicant registers a covenant against the title of the subject property that would prohibit feesimple or bareland strata subdivision of the subject property until a community sewer system is
available; and
4) the Ministry of Transportation and Infrastructure has endorsed the Bylaw in accordance with the
requirements of Section 52(3) of the Transportation Act.
•
Notification of Public Hearing
The applicant has submitted a Development Notification Certificate which confirms that on September
4, 2014 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 application and associated Bylaw has been advertised in the
local newspaper 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.
The Ministry of Transportation and Infrastructure is required to endorse the Rezoning Bylaw prior to
the Bylaw being Adopted.
As there are no conditions that are required to be met prior to Third Reading, it is recommended that,
upon consideration of comments received at the Public Hearing, Bylaw No. 2652 be given Third
Reading. If it is given Third Reading, it will be forwarded to the Ministry of Transportation and
Infrastructure for endorsement. As per the Board’s previous resolution, Final Adoption would be
withheld until:
1) the applicant submits design recommendations from a consulting engineer regarding the proposed
on-site sewage disposal and stormwater management systems and registers a covenant that
would restrict permitted uses on the subject property to those which would generate a maximum
daily sewage flow of 1400 litres per day or less; or
2) if the development would generate maximum daily sewage flow in excess of 1400 litres per day,
the applicant submits:
• a hydrological assessment from a hydrological engineer that reviews local groundwater and
surface water conditions with consideration of possible contamination of Swan Lake or a
tributary watercourse or ditch; and
• a geotechnical evaluation from a geotechnical engineer that reviews local soil conditions with
the identification of a primary and separate backup drainfield location which would be
protected by a covenant; and
• a design for a sewage disposal and stormwater management system prepared by a civil
engineer; and
3) the applicant registers a covenant against the title of the subject property that would prohibit feesimple or bareland strata subdivision of the subject property until a community sewer system is
available; and
4) the Ministry of Transportation and Infrastructure has endorsed the Bylaw in accordance with the
requirements of Section 52(3) of the Transportation Act.
Page 47 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Page 48 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
ELECTORAL AREA "B"
REZONING APPLICATION
SUBJECT PROPERTY MAP
File:
Applicant:
Location:
14-0155-B-RZ
Six Star Holdings Ltd. c/o B. Monaghan
Highway 97
Page 49 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
REGIONAL DISTRICT
of
NORTH OKANAGAN
PLANNING DEPARTMENT
INFORMATION REPORT
REZONING APPLICATION
DATE:
July 23, 2014
FILE NO.:
14-0155-B-RZ
APPLICANT:
Six Star Holdings Ltd. c/o Brian Monaghan
LEGAL DESCRIPTION:
That Part of Lot 2, Blk 5 Lying E of the Road Shown on Plan H433,
Sec 23, Twp 8, ODYD, Plan 749, Except Plans 33945 and H16713
P.I.D.#
008-220-522
CIVIC ADDRESS:
Highway 97
PROPERTY SIZE:
1.7 ha
SERVICING:
On-site septic sewage disposal and Greater Vernon Water Utility
PRESENT ZONING:
Country Residential (C.R)
PROPOSED ZONING:
Service Commercial (C.4)
O.C.P. DESIGNATION:
Commercial
PROPOSED USE:
Office, maintenance shop, and indoor equipment and tool storage
PLANNING DEPARTMENT RECOMMENDATION:
That Rezoning Bylaw No. 2652, 2014 which proposes to rezone the property legally described
as That Part of Lot 2, Block 5 Lying East of the Road Shown on Plan H433, Sec 23, Twp 8,
ODYD, Plan 749, Except Plans 33945 and H16713 and located at Highway 97, Electoral Area
“B” from Country Residential (C.R) to Service Commercial (C.4) be given First and Second
Readings; and be forwarded to a Public Hearing; and further,
That Final Adoption of Rezoning Bylaw No. 2652, 2014 be withheld until:
1) the applicant submits design recommendations from a consulting engineer regarding the
proposed on-site sewage disposal and stormwater management systems and registers a
covenant that would restrict permitted uses on the subject property to those which would
generate a maximum daily sewage flow of 1400 litres per day or less; or
2) if the development would generate maximum daily sewage flow in excess of 1400 litres per
day, the applicant submits:
a hydrological assessment from a hydrological engineer that reviews local groundwater
and surface water conditions with consideration of possible contamination of Swan Lake
or a tributary watercourse or ditch; and
Page 50 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Application
14-0155-B-RZ (Six Star Holdings Ltd. c/o B. Monaghan)
Page 2
a geotechnical evaluation from a geotechnical engineer that reviews local soil conditions
with the identification of a primary and separate backup drainfield location which would
be protected by a covenant; and
a design for a sewage disposal and stormwater management system prepared by a civil
engineer; and
3) the applicant registers a covenant against the title of the subject property that would prohibit
fee-simple or bareland strata subdivision of the subject property until a community sewer
system is available; and
4) the Ministry of Transportation and Infrastructure has endorsed the Bylaw in accordance with
the requirements of Section 52(3) of the Transportation Act.
BACKGROUND:
This report relates to an application to rezone the property located on the east side of Highway
97 approximately 130 m south of the intersection with Meadowlark Road in Electoral Area “B”
from Country Residential (C.R) to Service Commercial (C.4). If successful in rezoning the
property, the applicant is proposing to construct a building accommodating office space and a
shop for servicing and repairing company vehicles and equipment, machining, millworking, and
storage.
Site Context
The subject property is 1.7 ha and has frontage on both Highway 97, which borders the west
side of the property, and on an unconstructed road right-of-way which borders the east side.
The property is generally flat but slopes gradually upward from west to east. There is no direct
access to the property from Highway 97 however access can be gained from Pleasant Valley
Road via an easement across an intervening property to the east. The following ortho photo of
the subject and surrounding properties was taken in 2013.
Page 51 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Application
14-0155-B-RZ (Six Star Holdings Ltd. c/o B. Monaghan)
Page 3
The subject property is currently used as hayfield/pasture, is designated Commercial in the
Official Community Plan and is zoned Country Residential (C.R). Surrounding land uses,
Official Community Plan designations, and zoning are as follows:
East: distribution facility for water infrastructure products on east side of adjacent
unconstructed road right-of-way, designated Commercial, zoned Service Commercial (C.4);
North: farm equipment sales and service, designated Commercial, zoned C.4;
West: (from east to west) Highway 97, railway, Heron Road, hayfield/pasture lands
designated and zoned Country Residential (C.R), and Swan Lake;
South: hayfield/pasture lands designated Commercial, zoned C.R.
The Proposal
As shown on the attached site plan, the applicant is proposing to construct a 1,275 m2 building
to accommodate office space and a shop for service and repair of company owned trucks and
small equipment, machining and millworks, and for storage of small tools and equipment. Four
companies, including Hoban Construction Ltd. (road construction), Hoban Equipment Ltd.
(equipment rental), AWA Asphalt Ltd. (asphalt plant operations), and World Tech Solutions Ltd.
(software development), are proposed to operate from the office and would have approximately
30 to 45 employees.
From the unconstructed road right of way, a u-shaped driveway is proposed to provide access
to an on-site parking area with a total of 35 vehicle parking spaces.
It is proposed that the development would be connected to the Greater Vernon Water system
and a portion of the subject property to the north of the proposed building would be utilized for
an on-site septic system effluent dispersal field. A 0.6 m to 1.0 m high berm landscaped with
trees and shrubs is proposed to be constructed along the highway frontage. A stormwater
management plan has not been provided with this application.
The rezoning application states that all equipment will be sent to the Hoban facility in Prince
George for maintenance. An article in the Prince George Citizen (January 14, 2014) confirms
that Hoban Equipment Ltd. purchased a 3 acre parcel with shop and office space in a Prince
George industrial park and moved operations to that site just before Christmas 2013. The
article goes on to explain that the geographically central location of Prince George will be
beneficial “when their fleet of scrapers and dump-trucks and other heavy machinery needs to be
repaired or overhauled”. 1
REGIONAL GROWTH STRATEGY:
The Regional Growth Strategy designates the subject property as being within a Future Growth
Area. As defined in the Regional Growth Strategy:
Future Growth Areas: are areas that have been identified in Official Community Plans or
strategic planning initiatives for future development of residential, commercial or industrial
uses. These areas may require further review to determine their development potential and
Frank Peebles, “Heavy Construction Firm Set Up Shop in P.G”, The Prince George Citizen,
January 14, 2014, http://www.princegeorgecitizen.com
1
Page 52 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Application
14-0155-B-RZ (Six Star Holdings Ltd. c/o B. Monaghan)
Page 4
viability, including the identification of water sources. The objective within these areas, as in
Growth Areas, is to encourage compact, complete, mixed use and serviced communities
with well defined Rural Protection Boundaries. The development of these areas should be
contingent on the establishment of services, including water infrastructure and emergency
response capacity. Criteria and thresholds should be established through Official
Community Plans prior to consideration of Future Growth Area for compact, complete
community development. Once development begins within Future Growth Areas, then these
areas will be considered Growth Areas as defined within the Regional Growth Strategy.
Policy No. UC-1.9 in the Regional Growth Strategy states the communities of the North
Okanagan agree to work as partners and individually to:
Respect Future Growth Areas identified in existing Official Community Plans: The
development of Future Growth Areas will be based on Official Community Plan policies and
is contingent on the provision of water, sewer and appropriate civil services, such as
emergency response, as well as the identification of water sources. The full cost of providing
an urban level of service delivery (water, sewer, emergency response, and civic services)
must be considered prior to development. Once considered for development or designated
within an Official Community Plan, Future Growth Areas will be designated as Growth Areas
and all associated policies will apply.
RURAL VERNON – ELECTORAL AREAS “B” AND “C” OFFICIAL COMMUNITY PLAN:
Official Community Plan Bylaw No. 1708, 2003 designates the land use of the subject property
as Commercial and the Swan Lake Commercial District Sector Plan (referenced in the OCP)
further distinguishes the subject property as Highway Commercial. The following Commercial
policies are applicable to this application:
Swan Lake Commercial District
6. The Regional District supports the on-going development of the Swan Lake Commercial
District as shown on Schedule ‘B’ and the policies concerning the development of this
commercial district are as follows:
6.1
Institutional, commercial and industrial uses will be permitted as outlined in the report
entitled Swan Lake Commercial District Sector Plan (Urban Systems Ltd., 1996)
together with Schedule ‘A’ attached thereto entitled “Land Use Designations”; and
6.2
the Regional District supports the rural and open space policies, the different
commercial areas policies as well as the institutional and industrial policies as
outlined in the “Swan Lake Commercial District Sector Plan”.
8. The Regional District will consider any zoning changes within the Swan Lake Commercial
District consistent with the policies of this Plan which application may or may not be
approved and the following policies shall apply in consideration of an application:
8.1
Because of the sensitive environmental conditions that exist within the Swan Lake
Commercial District due to the proximity to Swan Lake as well as the problematic soil
and hydrological conditions, the Regional District recognizes two options for an onsite sewage disposal and stormwater management system as follows:
8.1.1
Where the proposed land use generates a maximum daily sewage flow of
1400 litres or less, then the Regional District will consider a rezoning
Page 53 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Application
14-0155-B-RZ (Six Star Holdings Ltd. c/o B. Monaghan)
Page 5
application based on the design recommendations of a consulting engineer
on the condition that a Covenant be registered to not permit a land use that
exceeds this maximum; or
8.1.2
8.5
Where the proposed land use generates a maximum daily sewage flow in
excess of 1400 litres, then the Regional District will consider a rezoning
application based on a review of the proposed on-site sewage disposal and
stormwater management system that includes:
a hydrological assessment from a hydrological engineer that reviews the
local groundwater and surface water conditions with consideration of
possible contamination of Swan Lake or a tributary watercourse or ditch;
a geotechnical evaluation from a geotechnical engineer that reviews local
soil conditions with the identification of a primary and separate backup
drainfield location which areas would be protected by a Covenant; and
a design for a sewage disposal and stormwater management system
prepared by a civil engineer.
As a condition precedent for the approval of a rezoning bylaw, the Regional District
will generally request that a Covenant be registered to prohibit the subdivision of
land until a community sewer system is available.
The following Highway Commercial policies from Section 6.5 of the Swan Lake Commercial
District Sector Plan are relevant to this application:
The Regional Board’s objectives are:
1. Support the following types of uses and activities in this area:
Hotels and motels
Outdoor & indoor tourist attraction
Restaurants and pubs
Assembly (churches etc.)
Gas bar/car wash/auto service
Specialty retail (boutiques, gift)
Fast food/convenience stores
Leisure and recreation
Commercial entertainment
Truck stop with associated services (café, donut shop, small retail, bank, and repair)
2. A traffic impact study may be required prior to issuing a development permit.
3. Direct access off Highway 97 will not be permitted and only limited access off Pleasant
Valley Road is acceptable. Otherwise an internal collector road will be required between
the commercial uses.
4. The area will be subject to Development Permit Area designation.
Protection of the Natural Environment - Development Permit Area (Swan Lake)
All land within 30 m of the natural boundary of Swan Lake or within the Swan Lake Commercial
District is designated within a Development Permit Area to set conditions for the protection of
the natural environment of Swan Lake and its ecosystems and biodiversity.
Whereas matters pertaining to the Development Permit designations will be fully addressed in a
separate report at such time as a Development Permit application is submitted, it should be
Page 54 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Application
14-0155-B-RZ (Six Star Holdings Ltd. c/o B. Monaghan)
Page 6
noted that the following “Natural Environment” DP guidelines (among others) would be
applicable:
7.3 where new plumbing works are proposed, a means of sewage disposal shall be
installed to provide an adequate method for the disposal of sewage effluent and
where the Interior Health Authority or the Ministry of Land, Water and Air Protection
(now the Ministry of Environment) has denied approval, the Development Permit
application may be refused;
7.4
where an on-site sewage disposal system is proposed the Regional District will
require that the sewage disposal works as well as the stormwater and surface
drainage system be designed by an engineer with consideration of the protection, by
Covenant, of a separated back-up sewage drainfield area; and
notwithstanding these engineering requirements, the Regional District may also
request an independent appraisal of the subsurface soil conditions to review the
suitability of the site to absorb effluent;
7.5
the Regional District will require that a stormwater management system be installed
to control runoff from parking areas, internal roadways and buildings whereby
culverted stormwater outlet facilities should not be installed directly into any wetland,
watercourse, drainage ditch or gully except where a stormwater renovation system is
being implemented; and
7.6
all designs for new construction works and all construction activity works should
conform to guidelines established within the “Land Development Guidelines for the
Protection of Aquatic Habitats” ... and in accordance with federal and provincial
regulations.
Swan Lake Commercial District – Development Permit Area (Form and Character)
With respect to the “Form and Character” of development within the Swan Lake Commercial
District, the OCP requires the approval of a Development Permit and states that when reviewing
a Development Permit application, the Regional Board will consider the urban form and
character principles, signage guidelines, and landscape guidelines outlined in the Swan Lake
Commercial District Sector Plan.
Major Road
It is a policy of the Official Community Plan that the function of Highway 97 will be maintained
with the designation of sufficient right-of-way width, by controlling access points, and by
ensuring that development of adjacent land does not adversely affect the function of the
highway.
DRAFT ELECTORAL AREAS “B” AND “C” OFFICIAL COMMUNITY PLAN:
The Official Community Plan for Electoral Areas “B” and “C” is currently under review. DRAFT
Official Community Plan Bylaw No. 2626, 2014 was given First Reading by the Board of
Directors on March 19, 2014 and Second Reading on July 16, 2014. Whereas the current OCP
refers to Swan Lake Commercial District policies pertaining to the Commercial sub-categories of
Highway Commercial, Service Commercial, Tourist Commercial and Village Commercial, the
Page 55 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Application
14-0155-B-RZ (Six Star Holdings Ltd. c/o B. Monaghan)
Page 7
DRAFT Official Community Plan is proposed to include one set of policies applicable to all lands
designated Commercial.
Under the DRAFT Official Community Plan, the subject property would be designated
Commercial. Commercial land use policies in the DRAFT OCP, which are relevant to this
application, pertain to the regulation of on-site sewage disposal and stormwater management
systems (which is consistent with the current OCP).
An Implementation policy in the DRAFT OCP states that the Regional District would undertake a
detailed planning exercise to identify and address the long term use of the Swan Lake Corridor.
Areas proposed to be addressed include: servicing, access, long term vision for the area, and
environmental concerns. The plan recommends this process be pursued within 1-5 years.
As noted previously, under the current OCP, all lands within 30 m of Swan Lake and all lands
within the Swan Lake Commercial District are designated as a Natural Environment
Development Permit area. The DRAFT OCP proposes to redefine the Development Permit
system such that lands in areas of High and Very High conservation values would be
designated as a Natural Environment DP area and lands within a Riparian Assessment Area (as
defined under the provincial Riparian Areas Regulation) would be designated as a Riparian DP
area. As the subject property is not within a Riparian Assessment Area and it is not rated as
having High or Very High conservation values, under the DRAFT OCP the subject property
would no longer be subject to Development Permit requirements for purposes of environmental
protection.
The DRAFT OCP also includes Gateway policies that would limit direct access on to and off of
Highway 97, and that would encourage a mix of Commercial and Industrial uses east of the
highway with form and character that respects the importance of the gateway location at the
edge of the City of Vernon and is consistent with the area’s unique character.
REGIONAL EMPLOYMENT LAND ACTION PLAN:
The Regional District has initiated an Employment Land Action Plan that is intended to ensure
an adequate supply of serviced industrial, commercial, and institutional land is available
throughout the North Okanagan to meet projected demand over the long term. The Swan Lake
corridor is among the areas for which opportunities and constraints to development will be
explored. The Employment Land Action Plan is slated for completion in March 2015 and will
provide direction for a subsequent planning initiative (noted in the DRAFT OCP) which would
focus specifically on the Swan Lake Corridor.
ZONING BYLAW:
The subject property is proposed to be rezoned from Country Residential (C.R) to Service
Commercial (C.4). Uses permitted in the C.4 zone include educational facilities, entertainment
and recreation facilities, food services, office and commerce facilities, retail sales, service and
repair including machine and millwork shops contained wholly within a building with no outside
storage, tools and small equipment servicing, trade contractors’ offices including storage, truck
service and repair, truck wash, transportation facilities, accommodation including one dwelling
for the owner, operator or an employee, and accessory buildings and structures.
Page 56 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Application
14-0155-B-RZ (Six Star Holdings Ltd. c/o B. Monaghan)
Page 8
The proposed land use conforms with the uses permitted in the C.4 zone. The proposal as
compared to the C.4 zone requirements is as follows:
CRITERIA
PROPOSAL
ZONE REQUIREMENTS
Lot Area (min.)
1.7 ha
1 ha
+
Lot Frontage (min.)
53% of perimeter
10 % of perimeter
+
Lot Depth
143 m
N/A
Lot Coverage (max.)
< 50%
50 % (all buildings & structures)
Building Height (max.)
Not specified
Lesser of 10 m or 2 storeys
Setbacks (min.)
- Front (Highway 97)
Not specified
7.5 m
- Centreline (Highway 97)
Not specified
37.5 m
- Rear (east)
Not specified
7.5 m
- Side (north & south)
Not specified
5 m on at least one side
Parking Spaces (min.)
35
To be determined
Loading Spaces
Not specified
2
Parking and Loading
The site plan indicates 35 parking spaces are proposed. The applicant has described the
proposed development as a combination of office space, a shop for service and repair of
company vehicles and small equipment, machine and millworks, and storage of tools and
equipment. The number of parking spaces required for these uses will be dependent on factors
such as the gross floor area, number of employees, and number of vehicle service bays. At the
Development Permit stage such details must be confirmed and the required number of parking
spaces will be determined.
Section 1201.4 of the Zoning Bylaw requires that a business having up to 2,300 m2 of gross
floor area must have two (2) paved and curbed loading spaces. Section 1201.6 requires that
loading spaces be large enough to accommodate a vehicle having a minimum length of 9 m and
width of 2.4 m. The proposed 1,275 m2 building would require two (2) loading spaces.
Landscaping and Screening
The Zoning Bylaw requires that for all Commercial zones located inside the Swan Lake
Commercial District, landscaping shall be provided and well maintained at all times in
accordance with the provisions of Section M.10.2 of Schedule A of the Rural Vernon Official
Community Plan. Section M.10 of the OCP states that when reviewing a Development Permit
application, the Regional Board will consider the landscape guidelines outlined in the Swan
Lake Commercial District Sector Plan. If and when an application for Development Permit is
submitted for this proposed development, the Planning Department will conduct a full review
and analysis of the project’s adherence to the DP guidelines and Zoning Bylaw regulations. If
no variances are requested, the General Manager, Planning and Building may approve a
Development Permit in accordance with Delegation Bylaw No. 2555, 2012.
The screening provisions of Section 1501 of Zoning Bylaw No. 1888 would not apply to this
proposed development as the site does not abut any lots in a Residential zone and no outdoor
storage is proposed.
Page 57 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Application
14-0155-B-RZ (Six Star Holdings Ltd. c/o B. Monaghan)
Page 9
PLANNING ANALYSIS:
The Swan Lake Commercial District Sector Plan includes a range of commercial land use
designations which apply to sub-areas within the Swan Lake corridor including, but not limited
to, Highway Commercial north of the Vernon Christian School and Service Commercial south of
the school.
The subject property is designated as Highway Commercial in the Sector Plan. It is an objective
of the Sector Plan that the types of uses that are encouraged to locate within the Highway
Commercial designation are those which rely on automobile, truck, and tourist trade. As
described above, the specific types of uses contemplated in this designation are oriented to the
needs of travelers and tourists such as hotels and motels, restaurants and pubs, gas bar/car
wash/auto service, fast food/convenience stores, entertainment, outdoor and indoor tourist
attractions, assembly (churches etc.), specialty retail, leisure and recreation, and truck stops.
Use of the subject property as a shop for service and repair of company vehicles and
equipment, machining, millworking, and storage as proposed would be inconsistent with the
range of uses encouraged in the Highway Commercial area as described in the Swan Lake
Commercial District Sector Plan.
However, under the DRAFT Official Community Plan, the subject property would be designated
Commercial. The DRAFT OCP is proposed to have a single set of policies for lands designated
Commercial and there would no longer be sub-areas with distinct policies for Highway
Commercial, Service Commercial etc. The proposed development would be consistent with the
Commercial designation described in the DRAFT OCP.
Staff suggest that the proposed development would be compatible with existing development in
the vicinity of Meadowlark Road which includes farm equipment sales and service, truck sales
and service, a water infrastructure distribution facility, bulk fuel and lubricant sales, commercial
cardlock fuel sales, and boat sales and service. Service Commercial (C.4) zoned properties
border three sides of the subject property.
The subject property meets the minimum lot area and minimum frontage regulations of the
Service Commercial (C.4) zone and the property appears to be large enough to accommodate
the proposed use. Machinery and heavy equipment repair would not be permitted in the C.4
zone as such use is specifically identified as a permitted use in the General Industrial (I.2) zone.
Despite policy support in the current Official Community Plan, Highway Commercial
development is not well-established in a substantial part of the Swan Lake corridor perhaps due
in part, to the lack of sanitary sewer service which limits the type and scale of development
which can occur.
The Regional Growth Strategy raises some concerns regarding servicing within the Swan Lake
Commercial Corridor. While the area is identified as a Future Growth Area, the RGS states
these areas may require further review to determine their development potential and viability
and that being defined as a Growth Area is contingent on the provision of water, sewer and
appropriate civil services.
Page 58 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Application
14-0155-B-RZ (Six Star Holdings Ltd. c/o B. Monaghan)
Page 10
In light of the Regional Growth Strategy concerns and Official Community Plan policies (both
current and DRAFT) regarding on-site sewage disposal in the Swan Lake Commercial District, it
is recommended that Rezoning Bylaw No. 2652, 2014 be granted First and Second Reading,
advanced to a Public Hearing, and that Final Adoption be withheld until:
the applicant submits design recommendations from a consulting engineer regarding the
proposed on-site sewage disposal and stormwater management systems and registers a
covenant that would restrict permitted uses on the subject property to those which would
generate a maximum daily sewage flow of 1400 litres per day or less; or
if the development would generate maximum daily sewage flow in excess of 1400 litres per
day, the applicant submits:
o a hydrological assessment from a hydrological engineer that reviews local groundwater
and surface water conditions with consideration of possible contamination of Swan Lake
or a tributary watercourse or ditch; and
o a geotechnical evaluation from a geotechnical engineer that reviews local soil conditions
with the identification of a primary and separate backup drainfield location which would
be protected by a covenant; and
o a design for a sewage disposal and stormwater management system prepared by a civil
engineer; and
registers a covenant against the title of the subject property to prohibit fee-simple or
bareland strata subdivision of the subject property until a community sewer system is
available.
Lastly, the subject property is within 800 m of an intersection with a Controlled Access Highway
and as such approval of the Bylaw by the Ministry of Transportation and Infrastructure (MoTI) is
required prior to the Board’s consideration of Bylaw Adoption. Referral comments from the
MoTI indicate that access to the subject property must be from Meadowlark Road via the road
right-of-way which flanks the east side of the subject property. It is a condition of MoTI’s
preliminary approval of the rezoning bylaw that the unconstructed right-of-way (Pike Road) be
designed and constructed to MoTI’s standards prior to final approval of the bylaw. Alternatively,
MoTI has indicated that the applicant could register a covenant stating that no Development
Permit can be issued until the access road is constructed.
Whereas the proposed rezoning to Service Commercial (C.4) is inconsistent with the current
Official Community Plan (which references the Swan Lake Commercial District Sector Plan) the
Planning Department’s recommendation is favourable as the proposed use of the subject
property would be in conformance with the DRAFT Official Community Plan.
Since the Swan Lake Commercial District Sector Plan was completed in 1997, its vision as a
Highway Commercial centre has not substantially materialized however the Board of Directors
has approved a number of Service Commercial uses in the area.
SUMMARY:
This report relates to an application to rezone the property located on the east side of Highway
97 approximately 130 m south of Meadowlark Road in Electoral Area “B” from Country
Residential (C.R) to Service Commercial (C.4). If approved, the applicant proposes to construct
Page 59 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Rezoning Application
14-0155-B-RZ (Six Star Holdings Ltd. c/o B. Monaghan)
Page 11
a 1,275 m2 building to accommodate office space and a shop area for service and repair of
company vehicles, small tools and equipment. It is proposed that four companies would operate
from the building and would employ 30 – 45 people.
The Planning Department recommends that Rezoning Bylaw No. 2652 be given First and
Second Reading as the proposed zoning would be in conformance with the DRAFT Official
Community Plan for Electoral Areas “B” and “C”. In addition, the property meets the minimum
lot area and minimum frontage regulations of the Service Commercial (C.4) zone and the
property appears to be large enough to accommodate the proposed use.
Staff further recommend that prior to Final Adoption of the Zoning Amendment Bylaw the
applicant address matters described in this report related to on-site sewage disposal, and
stormwater management.
Lastly, it should be noted that the Ministry of Transportation and Infrastructure has advised that
additional dedication and construction of the adjacent road right-of-way would be required prior
to the Ministry’s approval of the Bylaw, however the Ministry also noted that this requirement
could be delayed to the Development Permit stage if a covenant is registered.
REFERRAL COMMENTS:
The application was referred for comments to the Building Inspection Department, Parks
Department, Interior Health Authority, Greater Vernon Water, BX - Swan Lake Fire Department,
Ministry of Transportation and Infrastructure, Ministry of Forests, Lands, and Natural Resource
Operations, and Ministry of Environment. The following comments have been received in
response to the referral:
1. Greater Vernon Water
No conditions of Zoning change, however if the applicant wishes to know the conditions of
water service to the proposed development, the applicant may apply to GVW for a
development review.
Subsequently, the applicant applied to GVW for a development review. In a letter to the
applicant dated July 9, 2014, GVW advised that prior to issuance of a Development Permit,
the applicant would be required to connect to the Municipal Waterworks System and install a
new adequately sized water main on the access road alignment from Meadowlark Road and
that the water main must extend across the full frontage of the property. GVW also noted
that existing fire hydrant spacing in the area of the subject property does not meet current
bylaw standards and an additional hydrant is required.
2. Ministry of Transportation and Infrastructure
Preliminary Approval is granted for the rezoning for one year pursuant to section
52(3)(a) of the Transportation Act, subject to the following conditions:
1) Direct access to Highway 97 will not be permitted. All access must be from
Meadowlark Rd along the currently unconstructed Pike Rd right-of-way.
2) Access road, from Meadowlark Rd to a point at least 20m into the subject property,
to be designed and constructed to Ministry standards (Sec 1400 of the BC
Supplement to TAC Geometric Design Guide) including a cul-de-sac. Road must be
Page 60 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Page 61 of 125
Rev.
Page 62 of 125
XREFS: OrthoDEMContour_Index.dwg
IMAGES: 034-018_2013_10cm.ecw
FILE: z:\meacl projects\1723 - meadowlarc road & hwy 97 - hoban\dwg\base\1723-base.dwg
CTB: _meacl-fullblack.ctb
LAYOUT: Layout1
PLOTTED: 2014-05-08 - 11:09 AM
Date
By
Description
LEGEND:
-
EDGE OF ASPHALT
EDGE OF GRAVEL
FENCELINE
TOP OF BANK
HEDGE
TREELINE
SANITARY
SANITARY FORCEMAIN
STORM DRAIN
DITCH
WATER
GAS
HYDRO/TEL
-
138.612
GUY WIRE
ANCHOR POLE
HYDRO POLE
TEL POLE
HYDRO VAULT
TEL VAULT
SHAW CABLE VAULT
JUNCTION BOX
SERVICE BOX
KIOSK
LPT
PROPERTY PIN
HUB
(PROPOSED SYMBOLS SHOWN DARK/SOLID)
7.5m
4.5m
4.5m
GEODETIC MONUMENT
SIGN
TREE
CEDAR SHRUB
SANITARY CLEANOUT
SAN. INSPECTION CHAMBER
CAP
SANITARY MANHOLE
DRAIN MANHOLE
DRAIN CLEANOUT
DRN. INSPECTION CHAMBER
CATCHBASIN MANHOLE
- DRYWELL WITH GRATED LID
-
35
21
16
1
PROPOSED BERM
-
BLK 5
2
PROPOSED
SHOP
CATCHBASIN
HEADWALL
PIPE INVERT
WATER MANHOLE
WATER VALVE
CURB STOP
FIRE HYDRANT
BLOW-OFF
REDUCER
NEW ASPHALT
116.242
PROPOSED
OFFICE
20
15
PROPOSED BUILDING
AREA 1,275 m2
ASSUMED VACANT AREA
FOR SEPTIC
LOT
E. OF H433
P L A N 749
PROPOSED COVERED
CONCRETE APRON
109.773
9m
9m
SITE AREA 16,091 m2
Seal
9.961
10.046
Checked
Drawn
1:500
BGM
DCR
BGM
APR-2014
Designed
Date
Scale
10
VERNON, BC
LOT 2, PLAN 749, BLK 5
HOBAN
0
20
30
SCALE: 1:500
40
1
C100
Drawing No.
Sheet No.
City File No.
OF
1723
Project No.
Rev.
1
50m
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
138.953
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2652
A bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North
Okanagan Zoning Bylaw No. 1888, 2003 to change a zone designation
WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C.,
1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the
Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional
District into zones, name each zone, establish boundaries for the zones and regulate uses
within those zones;
AND WHEREAS the Board has created zones, named each zone, established boundaries for
these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto;
AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local
Government Act, the Board must, by bylaw, define procedures under which an owner of land
may apply for an amendment to a Zoning Bylaw and must consider every application for an
amendment to the bylaw;
AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development
Application Procedures and Administrative Fees Bylaw No. 2315, 2008 and amendments
thereto” to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a
Rural Land Use Bylaw, or to issue a Permit:
AND WHEREAS the Board has received an application to rezone property;
NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open
meeting assembled, enacts as follows:
A. CITATION
This Bylaw may be cited as the “Rezoning Bylaw No. 2652, 2014”.
B. AMENDMENTS
1. That the property legally described as: That Part of Lot 2, Block 5 Lying East of the Road
Shown on Plan H433, Sec 23, Twp 8, ODYD, Plan 749, Except Plans 33945 and
H16713 and located at Highway 97, Electoral Area “B”, be rezoned from Country
Residential Zone [C.R] to Service Commercial Zone [C.4].
2. That the Zoning Map, being Schedule “A” to Zoning Bylaw No. 1888, 2003 be amended
accordingly.
Read a First and Second Time
this
20th
day of
August, 2014
Advertised on
this
this
10th
12th
day of
day of
September, 2014
September, 2014
Page 63 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item D.3
Page 2
Public Hearing held pursuant to the provisions of
Section 890 of the Local Government Act
this
Read a Third Time
17th
day of
September, 2014
this
day of
, 2014
Approved by Minister of Transportation and
Infrastructure
(Transportation Act s. 52(3))
this
day of
, 2014
ADOPTED
this
day of
, 2014
Chair
Corporate Officer
Page 64 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.1 - 2
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 5770.06.07
TO:
Board of Directors
FROM:
Engineering
DATE:
August 21, 2014 (Updated Sept. 4, 2014)
SUBJECT:
Connection of Claremont Water Utility to Greater Vernon Water
RECOMMENDATION 1:
That as recommended by the Greater Vernon Advisory Committee Bylaw No. 2654 being Claremont
Water Local Service Area Establishment Bylaw No. 2654, 2014 be given first, second and third
reading; and forwarded to the participants for consent; and further,
That following receipt of consent of the participants Bylaw No. 2654 being Claremont Water Local
Service Area Establishment Bylaw No. 2654, 2014 be forwarded to the Ministry of Community, Sport
and Cultural Development for statutory approval.
RECOMMENDATION 2:
That as recommended by the Greater Vernon Advisory Committee Bylaw No. 2655 being Claremont
Water Local Service Area Loan Authorization Bylaw No. 2655, 2014 be given first, second and third
reading; and forwarded to the participants for consent; and further,
That following receipt of consent of the participants Bylaw No. 2655 being Claremont Water Local
Service Area Loan Authorization Bylaw No. 2655, 2014 be forwarded to the Ministry of Community,
Sport and Cultural Development for statutory approval.
DISCUSSION:
A formal petition process was initiated by the users of the Claremont Water Utility (Claremont) to
connect to Greater Vernon Water (GVW) in June 201 4. An information letter outlining the costs and
announcing a Public Open House was sent to the residents on June 16, 2014. The Public Open
House was held on June 25, 2014 at the Regional District of North Okanagan (RDNO) office Board
Room and was well attended with a minimum of 50 attendees. Following receipt of preliminary
approval from the Ministry of Community, Sport, and Cultural Development, the formal petition was
sent to the users of Claremont with a deadline for submission of August 8, 2014.
The RDNO received a positive response from the Claremont users to connect to GVW with the
majority in favour. The Certification of Sufficiency (Schedule A) is attached that provides an overview
of the results. With this majority, staff has prepared the Claremont Water Local Service Area
Establishment Bylaw No. 2654, 2014 and the Claremont Water Local Service Area Loan Authorization
Bylaw No. 2655, 2014 that will facilitate the formation of the Local Service Area (LSA) and permit
Page 65 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.1 - 2
File No.: 3900/2654 and 2655
Re: Establishment & Borrowing bylaws for Claremont Water Utility
Dated: August 21, 2014
Page 2 of 3
borrowing on behalf of the users. Bylaw No. 2654 (Schedule B) and Bylaw No. 2655 (Schedule C)
are attached to this report for reference.
At the time the original report was written, staff had sent the bylaws to the Ministry for pre-approval as
outlined in step 1 below as this consultation was non binding and would facilitate a faster turn around
time once the bylaw has Board approval. Staff received comments from the Ministry on September 2,
2014, updated the bylaws as recommended and provided a verbal update at the Greater Vernon
Advisory Committee (GVAC) September 4, 2014 meeting.
Comments on the approval process outlined below were also received from the Ministry and have
been incorporated into the following summary of the process that must be undertaken in order to
obtain final approval of the Claremont Water Local Service Area Establishment Bylaw No. 2654, 2014
and the Claremont Water Local Service Area Loan Authorization Bylaw No. 2655, 2014 to connect
Claremont to GVW:
1. Provide bylaws to the Ministry for pre-approval. (This has been completed and comments
received have been incorporated into the attached bylaws. The changes were related to
general housekeeping); then
2. Provide bylaws to the Board of Directors (Board) for first, second, and third readings; then
3. Provide bylaws for consent to the jurisdiction of where the LSA is being formed , in this case
the City of Vernon; then
4. Send bylaws to the Ministry for approval; then
5. Upon approval by the Ministry, the bylaws would be forwarded to the Board for final adoption.
As can be anticipated, the Claremont residents are anxious about connecting their water supply and
would like the connection to occur in the timeliest fashion possible. It is anticipated that construction
likely won't happen until 2015 as the timeline for Ministry review and approval is uncertain during an
election year. Engineering staff will be ready to proceed with tenqering and construction as soon as
final approval is received.
To facilitate the timeliest connection, staff has already forwarded the bylaws to the Ministry for preapproval. As the bylaws must first go to the Greater Vernon Advisory Committee (GVAC) and then
the Board in Steps 2 and 5 above, an additional delay in approvals of up to 2 to 3 months could result
based on when the Ministry responds. To assist in facilitating the quickest turn around time, staff is
recommending that GVAC provide their pre-approval of the draft bylaws and recommend these
proceed to the Board immediately upon receiving Ministry approval, provided the Ministry does not
request significant changes. Should there be significant changes to the bylaws they would be
circulated back to GVAC for consideration.
BACKGROUND:
The owner of Claremont worked with the RDNO Engineering department in 2013 to meet the
engineering requirements provided in the Terms of Reference of the RDNO Utility Acquisition Policy.
On February 5, 2014, Claremont was provided with a letter indicating the requirements had been
fulfilled and Claremont could connect to GVW upon receipt of the Acquisition Costs. The owner had
expressed an interest in accessing financing via the Municipal Finance Authority to ease the financial
burden for the residents .
Page 66 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.1 - 2
File No.: 3900/2654 and 2655
Re: Establishment & Borrowing bylaws for Claremont Water Utility
Dated: August 21, 2014
Page 3 of3
As there was uncertainty as to whether the RDNO could legally set up a LSA within the municipal
boundaries of Vernon under the Local Government Act, the Ministry of Community, Sport, and
Cultural Development, was consulted. The Ministry responded on May 25, 2014 to confirm that the
RDNO could form the LSA within Vernon and the petition process for the Claremont customers was
initiated at that time.
LEGAL/STATUTORY AUTHORITY
Consultation with the Advisory Services branch for the Community Sport and Cultural Development
indicated that the RDNO could complete a LSA within the municipal boundary of Vernon .
Schedule A: Certification of Sufficiency
Schedule B: Claremont Water Local Service Area Establishment Bylaw No. 2654, 2014
Schedule C: Claremont Water Local Service Area Loan Authorization Bylaw No. 2655, 2014
Reviewed and endorsed by:
~~
Dale McT~P.Eng.
General Manager Engineering
Page 67 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.1 - 2
'SCHEDULE A'
REGIONAL DISTRICT OF NORTH OKANAGAN
CERTIFICATION OF SUFFICIENCY
Claremont Water Utility- Proposed Service Establishment to connect to Greater Vernon Water
Petition to:
Establish. a Local Service Area to extend and construct a water main for the
purpose of distributing potable water and to authorize the borrowing of funds to
facilitate the works.
Petition Received:
August 8, 2014
Determination of Sufficiency of Petition:
a) Local Government Act, Section 797.4(3)(a) [Petition for electoral area se/Vices]
11
• • • the petition
(a) must be signed by the owners of at least 50% of the parcels liable to be charged for the
proposed service".
Section 1 of the Local Government Act defines parcel as "any lot, block or other area In which
lane/Is held or into whiollllls subdivided ...".
Proposed service area Is comprised of ~ parcels.
Signatures In favour received from owners representing _§.!__ parcels.
Percent of owners In favour= _li_%
b) Local Government Act, Section 797.4(3)(b) {Petition for electoral area setvlces}
"(b) the persons signing must be the owners of parcels that in total represent 50% of the net
taxable value of all land and improvements within the proposed service area."
Net taxable value of land and Improvements In the proposed service area Is$ 27,061,100.
Net taxable value of ...mL... parcels for which signatures obtained is$ 19,226,800.
Percent of net taxable value represented by signatures
=..2.1_%
Pursuant to the provisions of Section 212 (4) to (6) {Petition for local area se!VIce} of the Community
Chalter, I, David Sewell, the duly appointed Chief Administrative Officer for the Regional District of
North Okanagan, do hereby determine and certify that the petition for the Claremont Water Local
Service Area Is supported.
August , 2014
Page 68 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September
17, 2014 - Item E.1 B'
-2
'SCHEDULE
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW NO. 2654
A bylaw to establish the Claremont Water Service Area
WHEREAS Section 796(1) (General authority for se!Vices) of the Local Government Act states that
a regional district may operate any service that the board considers necessary or desirable for all
or part of the regional district
/:,..,_,
~"'
.! ..
AND WH EREAS the Board of Directors of the Regional District:<Sf. North Okanagan has received
a valid and sufficient petition to extend water services in a e!Jrilaqce ~i th Section 797.4 of the
Local Government Act;
~-- ·
'
.
.
I,
re/ati~nfo ~e!Vices othe:~
AND WHEREAS Section 796.2 [Autlwrities in
t1uJfj"regulatory se!Vices]
and Section 800.(1) [Establishing bylaws required for most se!Vices] of the [Gcai~Oovernment Act
provides for the adoption of a bylaw to establish a·new.Regional Djstrict service; "' "~,
",,
'"·
~~. ~
""·)
AND WH EREAS pursuant to Section 802.2 of tile; toea/ / Government Act, if money is to be
borrowed in relation to the service, t~e establishing ~g)l~'N; and the loan authorization bylaw
[Claremont Water Se!Vice Area Loan AL1thoriJ.ation Bylaw~lgc]!.;?655, 201 4] must, for the purpose of
obtaining participating area approval, b'e,dealfwit~ as if they" . el:e. one bylaw;
;.:, 1. .
~
~
NOW THEREFORE, the Board of the
assembled enacts as follo_.l/lf,.Si-;c .....
.... .
TITLE
·"'·
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/ :;_
_,
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To ex(end
./'
<_ water.
tr.7,.
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The
the Claremont Water Se rvice Area Establishment Bylaw 2654,
2014 sh] lf-Hl'clude th(f)s;~;properties as identified on Schedu le "A" attached to and forming
part of this ~B'Y~w. t£.~;i;~y"
PARTIC IPANTS
4.
"'.;;·
a~d"cbilstruc
~.a 'water main extension for the purpose of distribution of potable
-...
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3.
f;L ·"P kanagan in open meeting
'\
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..., .
../ .· /
No. 2654,201
2.
A;-~'t-'"·/'
\...·\\_ Aif
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of
cited as the·f "Ciarem'o(Jt~_water Setvice Area Establishment Bylaw
This bylaw r
P U RPOS~·"" ; .
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\~~gjo~~al ,. ~l'Y;l·~
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A portion of the City of Vernon.
MAXIMUM REQUISITION
5.
The maximum amount which may be requisitioned annually for this service shall not
exceed the product of a levy of $2.96 for each $ 1,000 of net taxable value of land and
improvements in the service area or $80,000 whichever is greater.
Page 69 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.1 - 2
'SCHEDULE 8'
Claremont Water Service Area Establishment Bylaw No. 2654, 2014
Page 2
COST RECOVERY
6.
The annual cost of providing the service shall be recovered by either or both of the
following:
('1)
(2)
the requisition of money under Section 805 (Requisition of funds from Municipalities)
of the Local Government Act to be collected as a parcel tax to be levied on land and
improvements and collected in accordance with Section 805.1 (b) of the Local
Government Act;
the imposition of fees and other charges.
Read a First, Second and THIRD Time
this
'2014
Consent provided by the participants
'2014
Approved by the Inspector of Municipalities
) 2014
ADOPTED
' 2014
Page 70 of 125
BOARD of DIRECTORS - REGULAR AGENDA
'SCHEDULE
B'- 2
September
17, 2014 - Item E.1
AVENUE
'\
...., '\1 L\A
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1
KAP85838
TO
C laremont Water Local Service A rea
-
®
-
-
,_
Regional District of North Okanagan
S-84S Ab(>:t:~ Ro.a::~. Cc!±tr~. a. c.
Phoru:•: 2SG-550-Zi00 FlOC 250·550·3101
wwt.'l.._nore,Q
•
SCALE - 1 : 3000
METRES 20
H
0
25
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50
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100 METRES
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CLAREMO NT WATER
LOCAL S ERVICE AREA
ESTABLISHMENT
Page 71 of 125
Area Boundary
Schedule "A" to accompany
Bylaw No. 2654, 20 14
Dated at Cold.•trcam. B.C. this
_ _ dayof
Co morntc OtTtcer
.2014
BOARD of DIRECTORS - REGULAR AGENDA
September
17, 2014 - Item E.1 C'
-2
'SCHEDULE
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW NO. 2655
To bylaw to authorize the borrowing for the purpose of financing the construction of a water main
extension to connect to the Greater Vernon Water Service
WHEREAS the Board of Directors of the Regional District of North Ol<.anagan has established
by Bylaw No. 1262, 1994, the Regional District of North Okanagan - Greater Vernon Regional
Water Supply Local Service Establishment Bylaw No. 1262, 1994;(<3reater Vernon Water);
AND WH EREAS the Board of Directors of the Regional District of North Okanagan has
received a valid and sufficient petition to extend wate'r se·rvices in accordance with Section
·
797.4 of the Local Government Act;
AND WH EREAS the Board of Directors of the ;:Regional District of North Okanagan has
established by Bylaw No. 2654, 2014 being the Claremont Water Service Area Establishment
Bylaw No. 2654, 2014 a service for the purpose of extending the provision of Greater Vernon
Water to the Claremont Water Service Area;
AND WHEREAS it is deemed desirable and expedient to eonstruct a water main extension
serving the Claremont Water Service Area to provide connection to the Greater Vernon Water
Service;
AND WH EREAS the estimated cqst of construction of the water main extension to connect the
Claremont Water Service Area to Greater Vernon Water Service including expe nses incidental
thereto is the sum .of Seven Hundred Thousand ($700,000.00) of which the sum of Seven
Hundred Thousand ($700,000.0q) is the amount of debt intended to be borrowed by this bylaw;
AND WHEREAS the maxirpum term for which a debenture may be issued to secure the debt
created by this bylaw is, for a term not to exceed twenty (20) years;
NOW THEREFORE, the Board of Directors of the Regiona l District of North Okanagan, in open
meeting assembled, hereby ENACTS AS FOLLOWS:
TITLE
1.
This bylaw may · pe cited as the "Claremont Water Service Area Loan Authorization
Bylaw No. 2655, 2014".
ESTABLISHMENT
2.
The Board of Directors of the Regional District of North Okanagan is hereby authorized to
undertake and carry out or cause to be carried out the construction of a water main
extension to connect to the Greater Vernon W ater Service to serve the area l<nown as the
Claremont W ater Service Area as established under the Claremont Water Service Area
Establishment Bylaw No. 2654, 2104 and to do all things necessary in connection
Page 72 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.1 - 2
'SCHEDULE C'
Page 2
Claremont Water Service Area Loan Authorization Bylaw No. 2655, 2014
therewith and without limiting the generality of the foregoing:
a.
b.
3.
To borrow upon the credit of the Regional District a sum not exceeding Seven
Hundred Thousand dollars ($700,000.00).
To acquire all such real property, easements, rights-of-way, licenses , rights or
authorities as may be requisite or desirable for or in connection with the construction
of the water main extension to connect the Claremont Water Service Area to the
Greater Vernon Water Service.
The maximum term for which debentures may be issued to secure the debt created by
this by law is twenty (20) years .
SCOPE OF SERVICE
4.
The service established by this bylaw is to provide the capital financing for the construction
of water main infrastructure within the Claremont Water Service Area as established under
the Claremont Water Service Area Establishment Bylaw No. 2654, 2104.
Read a First, Second and THIRD Time
this
Consent provided by the participants
this
Approved by the Inspector of Municipalities
ADOPTED
day of
12014
day of
12014
this
day of
' 2014
this
day of
12014
·'
Vice Chair
. .,.
Corporate Officer
Page 73 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
REGIONAL DISTRICT OF NORTH OKANAGAN
Extract from the Minutes of a Meeting of the
Electoral Area Advisory Committee
Held on
Thursday, September 4, 2014
Bylaw 2656 – Rezoning
HARVEY, L. and A. [File No. 14-0190-E-RZ]
Moved and seconded by Directors Foisy and Fairbairn
That it be recommended to the Board of Directors, Rezoning Bylaw No. 2656, 2014
which proposes to rezone the property legally described as Lot A, Sec 28, Twp 57,
ODYD, Plan KAP71752 and located at 112 North Fork Road, Electoral Area “E” from the
Non-Urban (N.U) zone to the Small Holding (S.H) zone be given First and Second
Readings and be referred to a Public Hearing.
CARRIED
Page 74 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
REGIONAL DISTRICT
of
NORTH OKANAGAN
PLANNING DEPARTMENT
INFORMATION REPORT
REZONING APPLICATION
DATE:
August 11, 2014
FILE NO.:
14-0190-E-RZ
APPLICANT:
Lance and Angelia Harvey
LEGAL DESCRIPTION:
Lot A, Sec 28, Twp 57, ODYD, Plan KAP71752
P.I.D.#
025-464-124
CIVIC ADDRESS:
112 North Fork Road
PROPERTY SIZE:
3.87 ha / 9.56 acres
SERVICING:
On-site wells and septic
PRESENT ZONING:
Non-Urban (N.U)
PROPOSED ZONING:
Small Holding (S.H)
O.C.P. DESIGNATION:
Small Holdings
PROPOSAL:
To allow for a one lot plus remainder subdivision
PLANNING DEPARTMENT RECOMMENDATION:
That Rezoning Bylaw No. 2656, 2014 which proposes to rezone the property legally described
as Lot A, Sec 28, Twp 57, ODYD, Plan KAP71752 and located at 112 North Fork Road,
Electoral Area “E” from the Non-Urban (N.U) zone to the Small Holding (S.H) zone be given
First and Second Readings; and further,
That Rezoning Bylaw No. 2656, 2014 not be forwarded to a Public Hearing until the applicant
has provided proof of suitable private access driveway and building sites on each proposed lot
as well as the remainder meeting the requirements of Section 310 of the Regional District
Zoning Bylaw No. 1888, 2003.
BACKGROUND:
This report relates to an application to rezone the property located at 112 North Fork Road from
the Non-Urban (N.U) zone to the Small Holding (S.H) zone. If successful, the applicant is
proposing to subdivide the 3.87 ha property into 2 lots of approximately 1.05 ha and 2.82 ha.
Page 75 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
Site Context
The subject property is located on the south side of North Fork Road. Cherryville Elementary
School is adjacent to the northside of the subject property and Cherryville Park is located to the
north across North Fork Road. The subject property is “L” shaped with 104 metres of road
frontage along North Fork Road. The property is accessed from a driveway which connects to
North Fork Road on the western third of property’s road frontage. The driveway slopes upward
to the main body of the property which contains a single family dwelling and shop and an area
that is generally flat. While mostly treed, the property has cleared areas around the driveway,
home site and existing well. A BC Hydro Right of Way is located in the south west corner of the
property which is also cleared.
The subject property and properties to the north and south are zoned Non Urban. The property
to the north is designated as Small Holdings in the Official Community Plan. The property to the
south is located within the ALR and is designated as Agricultural in the Official Community Plan.
The properties to the west and east are zoned and designated as Small Holdings. Cherryville
Park located across North Fork Road is zoned and designated as Community Park and Public
Use.
The following orthophoto of the subject and surrounding properties was taken in 2007:
The Proposal
The applicant proposes to rezone the subject property from Non-Urban (N.U) to Small Holding
(S.H) to potentially allow the property to be subdivided into a 1.05 ha lot and a 2.82 ha
remainder lot. The applicant proposes to service the new lot with a new well, septic disposal
area and driveway while the remainder lot which would contain the existing dwelling will be
serviced from the existing well, septic disposal area and driveway.
Page 76 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
ZONING BYLAW:
The subject property is currently zoned Non-Urban (N.U). The uses permitted in the N.U zone
include accessory buildings and structures, ancillary single family dwellings, bed and breakfast
use, boarding house, community care facilities, home occupations, intensive agricultural use,
manufactured homes, public parks and playgrounds, resource use, single family dwellings, and
two family dwellings. The minimum parcel size in the N.U zone is 7.2 ha. The number of
dwellings allowed per lot in the N.U. zone may not exceed:
1. one single family dwelling or one two family dwelling or one manufactured home; and
2. one additional single family dwelling on lots 14.4 ha or larger in size for lands located
outside the ALR;
3. one ancillary single family dwelling on lands in and out of the ALR.
The proposal is to rezone the subject property to the Small Holding (S.H) zone. Uses permitted
in the S.H zone include accessory buildings and structures, bed and breakfast use, boarding
house use, community care facilities, home occupations use, restricted agricultural use,
manufactured homes, public parks and playgrounds, single family dwellings, and two family
dwellings. The minimum parcel size in S.H zone is 1.0 ha. The number of dwellings allowed
per lot in the S.H zone (relevant to this application) may not exceed:
1. one single family dwelling or one two family dwelling (on lots greater than 2 ha in size) or
one manufactured home.
Building Sites & Lot Frontage
The Zoning Bylaw requires that all lots created within the Non-Urban (N.U) and Small Holding
(S.H) zones contain a contiguous area of land 2,000 m2 or larger in size to serve as a suitable
building site. A building site must be less than 30% natural slope and must be accessible from
a public highway via private access driveway having a minimum width of 5.5 m for a distance of
6 m and a 4 m minimum width thereafter and a maximum slope of 2% from the ditch line for a
minimum distance of 10 m and a maximum slope of 15% thereafter. Lots proposed to be
subdivided in both the Non-Urban (N.U) and Small Holding (S.H) zones 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 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 (subject to policies
of this section) are shown on Schedules B, B1 and B2 as Country Residential (C.R.) and Small
Holdings (S.H.). The following policies are applicable to this application:
1. The OCP states that Rural Residential lands should conform to the following requirements:
• outside the Agricultural Land Reserve;
• not in an area with excessive slopes;
• not in an area that has high capacity for other uses such as gravel extraction, mining, or
forest development;
Page 77 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
•
•
•
•
•
•
not subject to flooding or in an area with a high water table; and
not subject to excessive expenditures for services such as roads, electric power and
school bussing;
contains suitable building sites;
contains sewage disposal areas;
contains adequate water supplies as specified in the Subdivision Servicing Bylaw;
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.
5. Future Small Holdings developments are restricted to areas identified on Schedules B, B1
and B2. Applications to amend the Zoning Bylaw for the Small Holdings Zone should
conform to the following requirements:
• be located in close proximity to local areas with similar residential densities and services;
• the form and character of development should not detract from the rural character of the
built and natural environment.
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”
OCP land use designation of the subject property and complies with the previously noted Rural
Residential Land Policies in that the proposed lots:
• are outside the ALR;
• are not in an area identified as having a high capability for other uses such as gravel
extraction, mining, or forest development;
• are not in an area subject to flooding or in an area with a high water table;
• would not be subject to excessive expenditures for services such as roads, electric
power and school bussing;
• would likely have the potential to be serviced with sewage disposal areas based on a
minimum lot size of 1.0 ha;
• would likely have the potential to be produce adequate water supplies and is not in area
identified as lacking in groundwater supplies; also Subdivision Servicing Bylaw No. 2600
does not require proof of water in Electoral Area “E”;
• would not detrimentally affect neighbouring properties and the community as a whole as
the property is bounded on both sides with Small Holding zoned properties; and,
• would conform to the physical site characteristics of the land and be consistent with the
rural character of the neighboring Small Holding zoned lots on North Fork Road.
Page 78 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
Further information is required from the applicant to fulfill the OCP requirement to indicate the
property is not located within an area with excessive slopes and can provide suitable building
sites. In this regard, staff recommend that Rezoning Bylaw No. 2656, 2014 not be forwarded to
a Public Hearing until the applicant has demonstrated that private driveways could provide
access to the existing and proposed new buildings sites on each proposed lot.
The proposal has been reviewed against the OCP policy that requires rezoning applications to
be considered in relation to the fire protection issues in the local area. In this regard, the OCP
Fire Protection Policy suggests that residents acknowledge and accept that fire protection
services are not provided in this area and that residents are encouraged to apply Fire Smart
principles for new and existing development.
SUMMARY:
This report relates to an application to rezone the property located at 112 North Fork Road. The
Planning Department recommends that Rezoning Bylaw No. 2656, 2014 be given First and
Second Readings as the proposal is generally consistent with the policies contained within the
Electoral Areas “D” and “E” Official Community Plan.
REFERRAL COMMENTS:
The application was referred for comments to the following:
1.
2.
3.
4.
Electoral Area “E” Director
Electoral Area “E” Advisory Planning Commission
Electoral Area Advisory Committee
Building Inspection Department
The Building Inspector provided the following comments:
2007 imagery shows a small building centrally located on the property, which is not shown
on the site plan and is distanced from the principal dwelling and the accessory buildings
adjacent to the principal dwelling. Applicant should confirm size and permitted use of that
building.
5. Interior Health Authority
IHA indicated they have no objection to the proposed rezoning at this time however it should
be noted that at subdivision stage the applicant will be required to demonstrate that suitable
sites exist on the subject property for the required onsite sewage disposal systems and also
provide information regarding water supplies for the proposed lots.
6. Ministry of Transportation and Infrastructure
The Ministry indicated a quick review of the future subdivision was carried out and there
doesn’t appear to be any critical issues. However, approval of this rezoning does not
constitute approval of the subdivision. A full review will be carried out at the time of
subdivision application. Please forward the bylaw for endorsement after third reading.
Page 79 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
Rezoning Application
14-0190-E-RZ (Harvey)
Page 6
Reviewed by:
Submitted by:
Deputy Planning Manager
Rob Smailes, MCIP, RPP
General Manager, Planning and Building
Page 80 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
ELECTORAL AREA "E"
REZONING APPLICATION
SUBJECT PROPERTY MAP
File:
Applicant:
Location:
14-0190-E-RZ
LANCE & ANGELINA HARVEY
112 NORTH FORK ROAD
Page 81 of 125
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BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2656
A bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North
Okanagan Zoning Bylaw No. 1888, 2003 to change a zone designation
WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C.,
1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the
Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional
District into zones, name each zone, establish boundaries for the zones and regulate uses
within those zones;
AND WHEREAS the Board has created zones, named each zone, established boundaries for
these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto;
AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local
Government Act, the Board must, by bylaw, define procedures under which an owner of land
may apply for an amendment to a Zoning Bylaw and must consider every application for an
amendment to the bylaw;
AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development
Application Procedures and Administrative Fees Bylaw No. 2315, 2008 and amendments
thereto” to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a
Rural Land Use Bylaw, or to issue a Permit:
AND WHEREAS the Board has received an application to rezone property;
NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open
meeting assembled, enacts as follows:
A. CITATION
This Bylaw may be cited as the “Rezoning Bylaw No. 2656, 2014”.
B. AMENDMENTS
1. That the property legally described as: Lot A, Sec 28, Twp 57, ODYD, Plan KAP71752
and located at 112 North Fork Road, Electoral Area “E” be rezoned from the Non-Urban
Zone [N.U] to the Small Holding Zone [S.H].
2. That the Zoning Map, being Schedule “A” to Zoning Bylaw No. 1888, 2003 be amended
accordingly.
Read a First and Second Time
this
day of
, 2014
Advertised on
this
This
day of
day of
, 2014
, 2014
Page 83 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.3
Public Hearing held pursuant to the provisions of
Section 890 of the Local Government Act
this
day of
, 2014
Read a Third Time
this
day of
, 2014
Approved by Minister of Transportation and
Infrastructure
(Transportation Act s. 52(3))
this
day of
, 2014
ADOPTED
this
day of
, 2014
Chair
Corporate Officer
Page 84 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.4
REGIONAL DISTRICT
of
NORTH OKANAGAN
MEMORANDUM
File No.: 14-0295-D-WVR
TO:
Electoral Area Advisory Committee
FROM:
Planning Department
DATE:
August 22, 2014
Waiver of Lot Frontage Request for the property legally described
as The South ½ of the South West ¼ of Sec 5, Twp 40, ODYD,
Except Plan 28492 and located at 171 Brookfield Road, Electoral
Area “D”
SUBJECT:
At the Regular Meeting of the Board of Directors on August 15, 2012, the Board adopted Policy No.
LU053 – Applications for Waivers of Lot Frontage which states that upon receipt of an application by a
land owner, where the property is zoned Country Residential, Non-Urban or Large Holding and the
proposed parcels (including remainder) provide at least 20 metres of lot frontage, the building site
requirements of the Zoning Bylaw have been met and no variances are being requested, the
application will be forwarded directly to the Electoral Area Advisory Committee for consideration
without the need for a staff report.
In keeping with this Policy, the subject Lot Frontage Waiver Application is forwarded for consideration
to the Electoral Area Advisory Committee. Attached is a Subdivision Information Report which
outlines the conditions of the proposed subdivision as it relates to Regional District bylaws. To date,
the applicant has not submitted documentation to demonstrate whether or not the proposed
subdivision complies with all RDNO bylaws.
The proposed subdivision would create a 3.01 ha lot and a 3.62 ha lot along Brookfield Road and a
7.2 ha remainder. The proposed Remainder Lot would contain an existing single family dwelling, barn
and two small sheds. Proposed Lot 1 would be vacant while proposed Lot 2 would contain three
existing barns. The applicant has submitted the attached plan which demonstrates that the existing
driveways as well a new driveway and building sites could be provided to comply with the private
driveway access and building site requirements of Section 310 of the Zoning Bylaw.
The subject Lot Frontage Waiver Application requests that the Board of Directors waive the ten
percent minimum lot frontage requirement of Section 802.7 of the Regional District of North Okanagan
Zoning Bylaw No. 1888, 2003 for the property legally described as The South ½ of the South West ¼
of Sec 5, Twp 40, ODYD, Except Plan 28492 and located at 171 Brookfield Road, Electoral Area “D”
by reducing the lot frontage of the proposed Remainder Lot from 119.28 metres to 57.91 metres
shown on the site plan attached to the Planning Department memorandum dated August 22, 2014.
Prepared by:
Reviewed by:
Jennifer deGroot, B.Sc.
Planning Assistant
Rob Smailes, MCIP, RPP
General Manager, Planning and Building
Page 85 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.4
ELECTORAL AREA "D"
LOT FRONTAGE WAIVER REQUEST APPLICATION
SUBJECT PROPERTY MAP
File:
Applicant:
Location:
14-0295-D-WVR
Colleen Hazeldine
171 Brookfield Road
B
KAPSS279
li_ __ __ _"'m"l!m__
W1 /2 0F NE1/4
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PLAN 294C
tWNSHIP40
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H
BROOKFIELD ROAL
SEC 32
l\E11·1
PlAN
Page 86 of 125
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seam,.,/1/HEICHT('IlSJ.;F) llfiiDJPI..Onr» ... rA SD!t£CF1=j(J{){)
Page 87 of 125
SURVElll~ • GIDIMTICS
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S 1/2 OF
SE: 1/4 SEC 5
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.4
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.5
Page 88 of 125
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September 17, 2014 - Item E.5
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September 17, 2014 - Item E.5
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September 17, 2014 - Item E.5
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September 17, 2014 - Item E.5
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September 17, 2014 - Item E.5
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September 17, 2014 - Item E.5
Page 109 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.6
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 3046.01.04
TO:
Electoral Advisory Committee
FROM:
Anna Page, Sustainability Coordinator
DATE:
August 12, 2014
SUBJECT:
Community Works Fund #094, Electoral Area "F" OCP Review
RECOMMENDATION:
That it be recommended to the Board of Directors that the review of Electoral Area “F” Official
Community Plan be funded from the Community Works Fund at a cost of up to $77,600.00.
DISCUSSION:
The current Electoral Area “F” OCP was adopted in 2004. Since the adoption of the OCP there have
been a number of amendments to the plan, adoption of the Kingfisher Local Area Plan, changes to
provincial legislation and the adoption of the RDNO Regional Growth Strategy (RGS) Bylaw which all
need to be reflected in the updated OCP.
Terms of References for the review of the OCP have been developed by staff in consultation with the
Electoral Area “F” Director and were endorsed by the Electoral Area Advisory Committee August 7,
2014.
The project will be largely completed internally by RDNO staff with the possibility of contracting out
aspects of the Graphic Design & Public Consultation (phone surveys) components. The decision to
undertake this OCP review internally is based on the need to ensure the final product addresses all
the issues identified by planning staff as well as the community and to avoid duplication of effort which
was the experience in the case of some planning projects contracted out in the past. It is felt that an
internal review will be a more efficient use of funds and staff time.
Funding
The project has been assessed utilising the Regional District of North Okanagan Community Works
Fund Project Assessment – Tier 2 which is attached to this report for review and information. The
project meets the criteria of the Community Works Fund under the category of Capacity Building as
long as principles of Integrated Community Sustainability Planning are integrated into the review and
this is clearly stated within the Terms of Reference.
The budget for the review of the OCP is detailed below in Table 1 and includes staff time and
disbursements and is estimated at $77,600.00.
Page 110 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.6
Community Works Fund #094, Electoral Area "F" OCP Review
Report to EAAC- August 12, 2014
Staff Time
Page2
$ 62,500.00
Disbursements
Venues
$1000.00
Printing Costs
Mail outs/ Phone Surveys
$300.00
$6,000.00
Materials
$400.00
Graphic Design
$2,000.00
Advertising
$3,000.00
Steering Committee Meals
Mileage
$900.00
$1,500.00
Total Disbursements
$15,100.00
Total Internal Costs
$77,600.00
Table 1: Electoral Area "F" OCP Review Budget
For comparison, the cost estimates the RDNO received for the review of the Electoral Areas "0 " and
"E" OCP (2009) are detailed below.
Proposals
HB Lenarch
Focus
Landeca and Bou levard
Site 360
Stantec
True
Costs
$82,255.00 inc tax
$70,909.00 inc tax
$134,867.00 inc tax
$38,550.00 exc tax
$99,712.00 exc tax
$69,630.00 exc tax
Table 2: Electoral Areas "D" and "E" OCP Review cost estimates
SUMMARY:
It is recommended that the review of the Electoral Area "F" Official Community Plan be funded from
the Community Works Fund.
Submitted by:
,764vz'-
------
Anna Page, Sustainability Coordinator
Approved For Inclusion:
Endorsed by:
;(. '-fY/JL!ldf
David Sewell
Chief Administrative Officer
Rob Smailes, MCIP
General Manager, Plann ing and Building
Page 111 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.6
Community Works Fund Project Assessment – Tier 2
Over $8,000
Date: August 12, 2014
Project #: 094
Recipient: RDNO
Project Cost: $77,600.00
Project Description:
Review and up-date of the Electoral Area “F” Official Community Plan.
Optional External Contracts: Graphic Design & Public Consultation (phone surveys)
Project Eligibility
Eligible funding recipient?
Yes
Explanation
RDNO
Expenditures related to strengthening the
ability of Local Governments to improve local
and regional planning.
Eligible costs?
If project is related to a building,
is the building primarily used for
public good?
Benefits of the Project –
Yes
Explanation
Benefit to local community
Benefit to Electoral Area
Will benefit Electoral Area F
Benefit to more than one
Electoral Area
Benefit to all Electoral Areas
Benefit to entire Regional
District
Does the Project meet funding agreement categories?
Project Category
Public Transit – infrastructure that supports a shared passenger transport
system available for public use
Community Energy Systems – infrastructure that generates or increases the
efficient use of energy
Page 112 of 125
Yes
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.6
Drinking Water – infrastructure that supports drinking water conservation,
collection, treatment and management systems
Wastewater – infrastructure that supports wastewater and storm water
collection, treatment and management systems.
Solid Waste – infrastructure that supports solid waste management systems
including the collection, diversion and disposal of recyclables, compostable
materials and garbage.
Capacity Building – investments related to strengthening the ability of local
governments to develop long-term planning practices
Local roads, bridges (roads, bridges and active transportation infrastructure
Sport Infrastructure – amateur sport infrastructure
Recreational Infrastructure – recreational facilities and networks.
Cultural Infrastructure – infrastructure that supports arts, humanities and
heritage
Tourism Infrastructure – infrastructure that attract travelers for recreation,
leisure, business or other purposes.
Disaster Mitigation – infrastructure that reduces or eliminates long-term
impacts and risks associated with natural disasters.
Does the Project work towards achieving one of the three key national objectives?
Fund Priorities
Yes
Explanation
Economic polices within the OCP will be
reviewed and up-dated to provide
opportunities for economic growth and
diversification within Electoral Area F.
The Local Government (Green Communities)
Statutes Amendment Act 2008, requires that
all OCPs include targets for the reduction of
GHG emissions and policies and actions to
achieve them.
An Official Community Plan is the guiding
document for a community which establishes
the direction for the future growth and
development of the area. The OCP
establishes policies and objectives that guide
decision makers in ensuring a strong &
healthy community.
Productivity and Economic
Growth
Clean Environment
Strong Cities and Communities
Page 113 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.6
Does the Project incorporate principles of Sustainability?
Principles of Sustainability
Social
Environmental (e.g. energy
efficiency, water savings etc)
Yes
Explanation
Official Community Plans, by their very
nature, provide a policy framework for the
social, environmental and economic health of
a community as affected by land use
planning. The Draft Terms of Reference for
the OCP review clearly state the need for
consideration of the three pillars of
sustainability, for example;
“The review of the OCP will follow the theme
of building healthy, sustainable communities,
protecting and strengthening the social,
economic and environmental assets that
support the residents within Electoral Area F”.
Economic
Other benefits of the Project
Project Benefits
Yes
Explanation
The OCP review process will involve
extensive public consultation and
opportunities for input.
Education value
Public Awareness (media
opportunities)
Leverage of additional
resources (funds, volunteer
time, in-kind contributions)
Integration with other Regional District of North Okanagan initiatives
A review of the Electoral Area “F” OCP will ensure consistency with policy changes in
other OCPs where applicable and will include consideration of the North Okanagan
Regional Growth Strategy (RGS) and the policies embedded within it.
Justification for prioritisation of project
The current Electoral Area “F” OCP was adopted in 2004. Since the adoption of the
OCP there have been a number of amendments to the plan, adoption of the Kingfisher
Local Area Plan, changes to provincial legislation and the adoption of the RDNO
Regional Growth Strategy (RGS) Bylaw which all need to be reflected in the updated
OCP.
Distribution of Funds
Electoral Area F
Staff Recommendation
Page 114 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.7
9901 KAlAMALKA ROAD, COlDSTREAIIII, BC V1 B 1 ll3
Phone 250-545-5304
Fax 250-545-4733
email: [email protected]
Files: 5210-02
July 30, 2014
Regional District of North Okanagan
David Sewell, Chief Administrative Officer
9848 Aberdeen Road
Coldstream BC V1B 2K9
Dear Mr. Sewell:
Re:
Highlands Golf Course - Private Fire Hydrant
At their meeting held July 28, 2014, Council adopted the following resolution:
THAT the District's representatives on the Greater Vernon Advisory Committee be directed to
bring forward the Highlands' Golf Course Fire Hydrant issue back to the Greater Vernon
Advisory Committee and request that, in the interest of procedural fairness, Greater Vernon
Water Utility {GVWU) review the rates charged for private fire hydrants.
Council respectfully requests that this matter be included for discussion at a future meeting of the
Greater Vernon Advisory Committee.
lfyou have any questions please feel free to contact me at 545-5304 or by email at
kaustin(iildistrict.coldstream.bc.ca.
Yours truly,
Keri-Ann Austin, CMC
Director of Corporate Administration
cc
T. Seibel, CAO
B. Mitchell, Highlands Golf Course
Page 115 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item E.7
GVWU Rates Imposition
Bylaw!.....!.:!N~o'-',2~-6~2:-=2,_,_,-=.2~02-:·14:!__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
---
6.
a.
Metering
--Water Meter Cost [includes installation and inspection on
new construction and inspection on retrofits]
b,
--Water Meter Inspection Fee
Water meter must be purchased from GVW
and includes the installation and/or
inspection completed during one site visit
$36.00 . per occasion
-·-··------·-----·----------- ---
-·-···---~-----
c.
Meter Re-read at Customer's Request
$ 36.00 per occasion
d.
e.
Meter Testing at Customer's Request
$84.00 per occasion
$ 50.00 per occasion
I Leak Adjustment Application Fee
~·
7.
IUnmetered Fire Main Rates
I a.
50 mm diameter and smaller
75 mm diameter
100 mm diameter
150 mm diameter
i 200 mm diameter
250 mm diameter
300 mm diameter
b
c.
d.
e.
f.
g.
I
!
I
$ 155.00
$ 220,00
$280.00
$560.00
$1,130.00
$2,260.00
- - - - - - - - - - - - - - - 1----'----------$4,530.00
8.
Fire Hydrants
a.
Utility Charge to Fire Departments 150 mm hydrants
Utility Charge to Fire Departments 50 mm hydrants
I b.
d.
Temporary Fire Hydrant connection- Consumption Rate
e.
Application for new fire hydrant
f.
Fire Hydrant Flo_yv Test _____________
i. First Test
ii. Each additional test in immediate area at the same time
per annum
per annum
per annum
per annum
!part
$2.15 per cubic metre
$95.00 per hydrant
$600.00
$ 185.00
·---------~~-----·-~---------
9.
per annum
per annum
$0.00 per annum
$0.00 per annum
$ 246.00 , per hydrant per week or
Temporary Fire Hydrant connection
c.
per annum
Truck Fill Station
a.
Infrastructure Base Fee
b.
ConsLJmption Rate
$200.00 per quarter
$2.50 per cubic metre
-------·-
10. Water Service and Other Construction Fees
~
a. Service under 26 mm diameter with a maximum length of-- $ 3,420.00 plus water meter
20 metres
b. Service 27 to 38 mm diameter with a maximum length of 20 ! $4,360.00 plus water meter
c.
!---
d.
e.
f.
metres
-----·-Service 39 to 55 mm diameter with a maximum length of 20
metres
·---
$ 5,515.00 plus water meter
---····---------·-··-·-------------------------~---~---
Service 56 to 110 mm diameter with a maximum length of
20 metres
Service 1·11 to 160 mm diarneter with a maximum length of
20 metres
Service 161 to 210 mm diameter with a maximum length of
20 metres
$8,820.00 plus water meter
$ 10,140.00 plus water meter
$ '11 ,900.00 plus water meter
Page 116 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item G.1a
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a REGULAR meeting of the GREATER VERNON ADVISORY COMMITTEE of
the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional
District Office on Thursday, September 4, 2014
Members:
Director J. Cunningham
Councillor G. Kiss
Director R. Sawatzky
Alternate Director J. Garlick
Director B. Fleming
Alternate Director M. Randell
J. Kidston
City of Vernon
(Chair)
District of Coldstream
(Vice Chair)
City of Vernon
District of Coldstream
Electoral Area "B"
Electoral Area “C”
Alternate Agricultural Representative
Staff:
D. Sewell
P. Juniper
D. McTaggart
Z. Marcolin
T. Nelson
K. Pinkoski
H. Roseberry
Chief Administrative Officer
Deputy Corporate Officer
General Manager, Engineering
Manager, Greater Vernon Water
Community Development Coordinator
Parks Planner
Clerk – Parks, Recreation and Culture
(taking minutes)
Also Present: Director C. Lord
Director D. Dirk
Councillor M. Besso
Director R. Fairbairn
City of Vernon
District of Coldstream
District of Coldstream
Electoral Area “D”
(Board Vice-Chair)
CALL MEETING TO ORDER
The meeting was called to order at 8:02 a.m.
APPROVAL OF AGENDA
Greater Vernon Advisory Committee – September 4, 2014
Moved and seconded by Alternate Director Garlick and Director Sawatzky
That the Agenda of the September 4, 2014 Greater Vernon Advisory Committee meeting be
approved as presented.
CARRIED
Page 117 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item G.1a
Greater Vernon Advisory Committee
Minutes – Regular
-2-
September 4, 2014
ADOPTION OF MINUTES
Greater Vernon Advisory Committee
Moved and seconded by Director Sawatzky and Councillor Kiss
That the following minutes of the Greater Vernon Advisory Committee meetings be adopted as
circulated:
− August 7, 2014 – Regular
− August 14, 2014 – Special
CARRIED
DELEGATIONS
Highland Golf Course (MITCHELL, Barb)
Barb Mitchell with the Highland Golf Course requested that in the interest of procedural fairness
Greater Vernon Water reconsider the rates charged for private fire hydrants.
WELLER, Gary
Gary Weller requested that the committee consider a partial reimbursement of water charges
relating to the construction of the home located at 7333 Sundridge Drive.
NICOLSON, Peter
Peter Nicolson requested that the $85,000 deposit without interest tendered by 772431 BX Ltd
in 2006 for upsizing of a future reservoir for fire protection that was never built or required for the
Stepping Stones area be refunded.
UNFINISHED BUSINESS
Public Communication Update for Greater Vernon Water Master Water Plan Borrowing
Referendum
Moved and seconded by Directors Fleming and Sawatzky
That the staff report dated August 21, 2014 regarding an update on the Public Communication
Plan for the Greater Vernon Water Master Water Plan Borrowing Referendum be received for
information.
CARRIED
Opposed by Councillor Kiss
NEW BUSINESS
Unmetered Fire Main Rates
Moved and seconded by Director Sawatzky and Alternate Director Garlick
That it be recommended to the Board of Directors, staff be directed to bring forward all relevant
information regarding private fire hydrant fees and to review what is done in other jurisdictions
with recommendations and options for the committee to the October Greater Vernon Advisory
Committee.
CARRIED
Page 118 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item G.1a
Greater Vernon Advisory Committee
Minutes – Regular
-3-
September 4, 2014
Connection of Claremont Water Utility to Greater Vernon Water
Moved and seconded by Director Sawatzky and Alternate Director Garlick
That as recommended by the Greater Vernon Advisory Committee Bylaw No. 2654 being
Claremont Water Local Service Area Establishment Bylaw No. 2654, 2014 be given first,
second and third reading; and forwarded to the participants for consent; and further,
That following receipt of consent of the participants Bylaw No. 2654 being Claremont Water
Local Service Area Establishment Bylaw No. 2654, 2014 be forwarded to the Ministry of
Community, Sport and Cultural Development for statutory approval.
CARRIED
Moved and seconded by Director Sawatzky and Alternate Director Garlick
That as recommended by the Greater Vernon Advisory Committee Bylaw No. 2655 being
Claremont Water Local Service Area Loan Authorization Bylaw No. 2655, 2014 be given first,
second and third reading; and forwarded to the participants for consent; and further
That following receipt of consent of the participants Bylaw No. 2655 being Claremont Water
Local Service Area Loan Authorization Bylaw No. 2655, 2014 be forwarded to the Ministry of
Community, Sport and Cultural Development for statutory approval.
CARRIED
BUSINESS ARISING FROM DELEGATIONS
Greater Vernon Minor Hockey
Moved and seconded by Alternate Director Garlick and Director Sawatzky
That it be recommended to the Board of Directors, staff be directed to transfer the remaining
2014 funds allocated for the purpose of subsidizing Minor Hockey’s use of the Okanagan
Training Rink, to the City of Vernon to be used solely for the purpose of subsidizing Minor
Hockey’s use of the Okanagan Training Rink in accordance with past practice.
CARRIED
Opposed by Alternate Director Spiers
IN CAMERA
Moved and seconded by Alternate Director Garlick and Director Sawatzky
That, pursuant to Section 92 of the Community Charter, the regular meeting of the Greater
Vernon Advisory Committee convene In Camera to deal with matters deemed closed to the
public in accordance with Section 90(1)(e) of the Community Charter.
CARRIED
The Regular meeting of the Greater Vernon Advisory Committee adjourned to meet In Camera
at 9:25 a.m.
The Regular meeting of the Greater Vernon Advisory Committee meeting reconvened at 10:10
a.m.
Page 119 of 125
Greater Vernon Advisory Committee
Minutes – Regular
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item G.1a
-4-
September 4, 2014
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:10 a.m.
CERTIFIED CORRECT
Chair
Deputy Corporate Officer
Page 120 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item G.1b
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a REGULAR meeting of the ELECTORAL AREA ADVISORY COMMITTEE of the
REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District
Office on Thursday, September 4, 2014.
Members: Director B. Fleming
Director R. Fairbairn
Alt. Director M. Randell
Director E. Foisy
Director J. Pearase
Staff:
Also
Present:
Electoral Area “B”
Electoral Area “D”
Electoral Area “C”
Electoral Area “E”
Electoral Area “F”
Chair
Vice Chair
L. Mellott
G. Routley
A. Page
A. Kittel
C. Elley
General Manager, Electoral Area Administration
Deputy Planning Manager
Sustainability Coordinator
Regional Growth Strategy Coordinator
Clerk (taking minutes)
R. Morgan
RCMP
K. Flick
Regional Crime Prevention Coordinator, City of Vernon
Planning and Building Services Director, City of Vernon
CALL MEETING TO ORDER
The meeting was called to order at 2:00 p.m.
APPROVAL OF AGENDA
Regular Agenda – September 4, 2014
Moved and seconded by Alternate Director Randell and Director Pearase
That the Agenda of the September 4, 2014 Electoral Area Advisory Committee meeting be
approved as presented.
CARRIED
ADOPTION OF MINUTES
Electoral Area Advisory Committee – August 7, 2014
Moved and seconded by Directors Fairbairn and Foisy
That the minutes of the August 7, 2014 Electoral Area Advisory Committee Meeting be adopted
as circulated.
CARRIED
Page 121 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-2-
September 4, 2014
DELEGATIONS
Vernon / North Okanagan Detachment – Policing Second Quarter Report
The RCMP provided an update on activities undertaken over the second quarter.
Moved and seconded by Directors Pearase and Fairbairn
That the Second Quarter reports dated July 15, 2014 from the Vernon / North Okanagan
Detachment – Municipal and Rural Policing and the Second Quarter report from the Victims
Assistance Program be received for information.
CARRIED
Vernon / North Okanagan Safe Communities Unit
The Regional Crime Prevention Coordinator provided an update on activities he has undertaken
over the past month.
Moved and seconded by Alternate Director Randell and Director Foisy
That the report dated August 25, 2014 from the Vernon / North Okanagan Detachment – Safe
Communities Unit be received for information.
CARRIED
Bylaw 2656 – Rezoning
HARVEY, L. and A. [File No. 14-0190-E-RZ]
No one was present to speak to the application.
Waiver of Lot Frontage
HAZELDINE, C. [File No. 14-0295-D-WVR]
No one was present to speak to the application.
NEW BUSINESS
Proposed Block Boundary Extension – City of Vernon
City of Vernon Planning and Building Services Director Kim Flick provided a verbal overview
of the proposed block boundary extension in response to the letter dated March 7, 2014
from the RDNO. The City of Vernon’s approach to individual annexation applications is
proposed to be replaced by a one-time only block boundary extension. The City of Vernon
would not entertain this approach to annexation applications without full support from the
RDNO.
It was noted that with this approach the zoning of the properties would remain the same and
subdivisions will not be allowed as most of the current 77 applications are in the Agricultural
Land Reserve.
Page 122 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-3-
September 4, 2014
Discussion ensued regarding compensation to the RDNO Electoral Areas affected for loss
of tax revenue in support of local services. Ms. Flick confirmed that compensation had not
been considered by the City of Vernon.
Discussion also ensued regarding future annexations if the block boundary extension
proposal was accepted and it was noted that the City of Vernon’s OCP would have to be
amended at that time.
Moved and seconded by Directors Pearase and Fairbairn
That the letter dated August 18, 2014 from the City of Vernon regarding the Proposed Block
Boundary Extension be received for information.
CARRIED
Bylaw 2606 – Zoning Text Amendment
Medical Marihuana Production Facilities
Moved and seconded by Directors Pearase and Foisy
That it be recommended to the Board of Directors, Zoning Text Amendment Bylaw No. 2606,
2013, be amended as follows:
• By removing Sections B.4, B.5, B.6, B.7, B.8, B.9, B.11, B.12 in their entirety;
• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in Section B.14;
• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in Section B.16;
• By removing the words “with a minimum lot size of 8.0 ha (19.77 acres)” in Section B.18
in order to:
• Remove all minimum parcel size requirements in excess of what is required within Zoning
Bylaw No. 1888; and,
• Amend Industrial Zone setback requirement to be consistent with Zoning Bylaw No. 1888;
and further,
That Zoning Text Amendment Bylaw No. 2606, 2013 be given Second Reading, as amended,
and be referred to a second Public Hearing.
CARRIED
Bylaw 2656 – Rezoning
HARVEY, L. and A. [File No. 14-0190-E-RZ]
Moved and seconded by Directors Foisy and Fairbairn
That it be recommended to the Board of Directors, Rezoning Bylaw No. 2656, 2014 which
proposes to rezone the property legally described as Lot A, Sec 28, Twp 57, ODYD, Plan
KAP71752 and located at 112 North Fork Road, Electoral Area “E” from the Non-Urban (N.U)
zone to the Small Holding (S.H) zone be given First and Second Readings and be referred to a
Public Hearing.
CARRIED
Page 123 of 125
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-4-
September 4, 2014
Waiver of Lot Frontage
HAZELDINE, C. [File No. 14-0295-D-WVR]
Moved and seconded by Directors Fairbairn and Foisy
That the memorandum from the Planning Department dated August 22, 2014 regarding Waiver
of Lot Frontage Application for the property legally described as The South ½ of the South West
¼ of Sec 5, Twp 40, ODYD, Except Plan 28492 and located at 171 Brookfield Road, Electoral
Area “D” be received for information; and further,
That it be recommended to the Board of Directors that the 10% minimum frontage requirement
of Section 803.7 of the RDNO Zoning Bylaw No. 1888, 2003 be waived for the property legally
described as The South ½ of the South West ¼ of Sec 5, Twp 40, ODYD, Except Plan 28492
and located at 171 Brookfield Road, Electoral Area “D” by reducing the lot frontage of the
proposed Remainder Lot from 119.28 metres to 57.91 metres shown on the plan attached to the
Planning Department report dated August 22, 2014.
CARRIED
Community Works Fund #094 – Electoral Area "F" Official Community Plan Review
Moved and seconded by Directors Pearase and Fairbairn
That it be recommended to the Board of Directors that the review of Electoral Area “F” Official
Community Plan be funded from the Community Works Fund (Electoral Area “F”) at a cost of up
to $77,600.00.
CARRIED
REPORTS
Advisory Planning Commission Meetings
Moved and seconded by Directors Fairbairn and Pearase
That the minutes of the following Advisory Planning Commission meeting be received for
information:
− Electoral Area “B” – Meeting of July 30, 2014
CARRIED
Building Inspections Statistical Reports
Moved and seconded by Director Pearase and Alternate Director Randell
That the July 2014 Building Inspections Statistical Reports be received for information.
CARRIED
Sustainability Program Report
Moved and seconded by Director Fairbairn and Alternate Director Randell
That the Sustainability Report dated August 15, 2014 from the Sustainability Coordinator be
received for information.
CARRIED
Page 124 of 125
Electoral Area Advisory Committee
Minutes – Regular
BOARD of DIRECTORS - REGULAR AGENDA
September 17, 2014 - Item G.1b
-5-
September 4, 2014
General Manager’s Report
The General Manager, Electoral Area Administration provided an update on the following
matters:
– UBCM - Meeting with Opposition Critics on September 24th – 4:15 pm (Selina RobinsonLocal Government, Jennifer Rice-Rural Health)
– Local Government Elections (Nomination Packages available for pick up, Nomination
Period September 30th – October 10th, Proposed Voting Locations)
– Year-to-date Building Inspection Revenue Report to be provided for each meeting
– Zoning Bylaw amendments (Secondary Suites; Agri-Tourism) to be posted in the
Sunday advertisement
ADJOURNMENT
There being no further business, the meeting was adjourned at 3:55 p.m.
CERTIFIED CORRECT
Bob Fleming, Chair
Corporate Officer
Page 125 of 125
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