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

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

REGIONAL DISTRICT OF NORTH OKANAGAN

BOARD of DIRECTORS MEETING

Wednesday,

September 17, 2014

4:00 p.m.

REGULAR AGENDA

A.

B.

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.

ADOPTION OF MINUTES

1. Board of Directors – September 3, 2014

RECOMMENDATION 2

(Unweighted Corporate Vote – Simple Majority)

Page 1

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. UNFINISHED BUSINESS

- 2 - September 17, 2014

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

(Part 26 – Special Voting – Includes Electoral Areas Only)

Page 46

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 “Dby 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.

I.

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

(Unweighted Corporate Vote – Simple Majority)

Page 117

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.

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 Vice Chair

Director S. Fowler

Director D. Dirk

Director H. Cyr

Director K. Acton

Director J. Brown

Director R. Sawatzky

Director J. Cunningham

Director C. Lord

Electoral Area “D”

City of Armstrong

District of Coldstream

City of Enderby

Village of Lumby

Township of Spallumcheen

City of Vernon

City of Vernon

Director M. O’Keefe

Director B. Fleming

City of Vernon

City of Vernon

Electoral Area “B”

Alternate Director M. Randell Electoral Area “C”

Director E. Foisy

Director J. Pearase

Electoral Area “E”

Electoral Area “F”

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

Councillor M. Besso

Present:

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

ADOPTION OF MINUTES

- 2 -

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item B.1

September 3, 2014

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

External Committee Reports

- 5 -

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item B.1

September 3, 2014

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 10 th

.

- 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

Also

Councillor M. Besso

Present:

Councilor G. Kiss

Media and Public

Chief Administrative Officer

General Manager, Electoral Area Administration

Deputy Planning Manager

Regional Growth Strategy Coordinator

Deputy Corporate Officer

Executive Assistant (taking minutes)

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 - 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 - 3 -

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:

FROM:

Electoral Area Advisory Committee

Planning Department

DATE: August 25, 2014

Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana

SUBJECT:

Production Facilities]

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

BOARD of DIRECTORS - REGULAR AGENDA

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” has confirmed that MMPR facilities must not release any odours; and,

1

. Health Canada

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.

# Private

Parcels

I.1

Industrial Zone

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 [Medica l Mar ihu ana Produc t ion Faci liti es )

Report to Electoral Area Advisory Committee August 25, 20 1 4 Page 8

SUMMARY

:

At the regular meeting of May 8, 2014, the EAAC d i scussed zon i ng for medical mar ih uana production facilities . The Electo r a l Area Director s exp r essed concerns regarding the tax rates of commercia l mar ih uana operat i ons li censed under the

Medi ca l Marihuana Purposes Regu l

ations. EAAC requested that staff i nvest i gate and report back o n the tax implication s of perm itt ing medical marijuana productio n facilities within I ndustr i a l Zones p ri or to co n s i der in g amendme nt s to By l aw No . 2606.

The intent of the proposed by l aw amendments i s to permit and regu l ate medica l marihuana produc t io n facilities that are li censed by Health Canada on l a n d w ithin the Agricultural Land Reserve and I ndustria l Zones in the E l ectora l Areas. Based on the comme nt s rece i ved from the Publ i c Hearing and through the referra l process, and recent i n formation received by the Province, staff h ave revised

By l aw No . 2606 by :

• Removing a ll minimum parcel s i ze requirements: and,

• Amend in g In dustr i a l Zone setback r eq uir e ment to be consiste nt wit h Zo n i n g Bylaw No. 1888 .

Therefore , p l ann i ng staff re comme nds that By l aw No . 2606 be g i ven Second Reading , as amended, and be referred to a second P ubl ic Hearing in accordance with t h e provis i ons of Sect i on 890 of the

Loca l Government Act.

Submit t ed by :

E nd orsed by:

Rob Smai l es, MCIP, RPP

General Manager, Planning and Building

Coord in ator

Approved For Inclusion :

of m

t&f

1

)

,

Dav i d Sewe ll ,

1.J{){ _

Chief Administrative Officer

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;

street lighting;

garbage;

recycling; and

• recreation;

• water;

• sewer;

• general administration.

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

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item D.1

Marihuana f o r M e di c al Purp oses R eg ulation s

Q&A package for Municipalitie s

A. Licensing Process

1. Is there a limit on how many production licence s will be approved in each jurisdiction?

The

Marihuana for Medical Purposes Regulations

do not limit th e number of li censed producers of marihuana for medical purposes based on geographic location .

2. Are licen sed producers required to display their HC licenc e on site?

No . Licensed producers must keep t h e orig i nal copy of the licence issued by Health

Canada , but it does not need to be posted in the facility . A l ist of li censed producers is available on the Health Canada webs i te .

3. What shou ld a licensed producer include in a notification to local authorities?

Under th e

Marihuana for Medical Purposes Regulations,

a potential li censed producer must provide a written notic e to a sen ior official of the local government, fire authority and local police force or detachment of the RCMP in the area in which the site is lo cated .

This written notice must include the name of the applicant, the date on which the app li cat i on will be submitted, the address of the proposed site and each building on the site, and the activities for which the licence is being soug ht.

T h e same information must be provided to the local authorities upon a cha ng e to the licence (i.e

.

, issued , amended, r evoked or suspended) within 30 days of the s tatu s change .

P l ease note that a re~onse from the loc al 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,

th e licensed producer i s required to notify their local authorities r egard ing changes to the s tatu s of th eir li cence, inc lud ing revocation . This notice to lo ca l authorities must occur within 30 days of the change . In addi tion, Health Canada's website is updated regu l arly.

5. Are there any restrictions on where production sites can be located?

Production of marihuana under the

Marihuana for Medical Purpose s Regulations

can only be indoors and can n ot be conducted in dwelling places .

1

I

I'

1

I l'

Page 23 of 125

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item D.1

Marihuana for M e di c al Purpo ses R e gulation s

Q&A pa c kag e for Municip a liti es

Licen s ed producers must a l so c omp ly with all app li cable provin c ial/territorial and municipal legislation and regulations . Parties interested in becoming licensed producers are encouraged to communicate with their muni c ipal officials to det e rmine if there are any zon in g or by " l aw restrictions.

6. Can a lic ensed producer operate multiple locations?

Yes . If the app li cant intends to engage in a n activity at more than one s it e, the

Marihuan a for M e dica l Purposes Regulations

indi cate that a separate applica ti on 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 sh i p dried marihuana directly to the c li ent.

B . Bylaws and Zoning

9. Do municipal zon ing by-laws apply to production s ites under the

Marihuana for Medical Purposes Regulations?

Licensed producers must comply with a ll other federal , provincial and municipal l aws and by " laws, in c ludin g municipal zo n i ng by laws . It is the responsibility of the municipality to conduct the relevant in spections for comp li ance with by laws such as zoning.

Health Canada ca n only inspect for c ompliance wit h the Marihuana for Medical

Purposes Regulat i

ons and any relat e d federal l eg isl ation .

10. Can municipalities stop the licen sing process if they disagree with the proposed site of production or any other requirement?

Health Canada will i ssue a li cence t o produce as long as the app li cant sat i sf i es the requirements set out in the Marihuana for Medical

Purposes Regulations .

If

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Page 24 of 125

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item D.1

Marihuana for Medical Purpos e s R e gula t ion s

Q&A p a c k age for Municipalities municip a liti es disagree with the propo sed s it e of pro du ction, th ey ca n co mmun icate a ny conce rn s directly t o the owner of th e produ c t io n s it e and e nf o r ce l oca l byl a w s.

Li ce n se d producers a r e s ubj ect to loca l by law s . It i s the r es pon s ibility of th e muni c ip a lit y to co ndu ct th e relevant i nsp ec tion s fo r co mpli a n ce with lo cal r e quir e m e nt s s u c h as zo nin g .

C .

Security

11. How is HC and/or RCMP/Iocal police enforcing security measure s?

A ll a pplic a nt s f or a producer ' s lic ence und er the

Marihuana f a M ed i ca l Purposes

Reg ul at ion s

h a v e to meet rigorous phy sica l secu rity r equ ir e m e nt s, including a s it e d es ign and security s y s t em th a t prevents unautho ri ze d access to th e ir faci lity .

Additionally, enhanced background checks are und e rtaken , in cooperation with the

RCMP, to e n s ure that ther e a r e no assoc i a t io n s w i th individu a l s or o rgani za tion s that pose an un acce ptabl e risk , such as th e ri s k of diversion of m ar ihu a n a to th e illi c it market.

Th ese checks are required for key p e r so nn e l a nd a lt e rn a t es, officers and directors of corporation . For mor e information on sec urity, plea se visit: http : //www .

h csc .

gc .

ca / dhpmps/marihuana/info/add supo-eng .

php

Once li cences ar e issu ed , li censed producers are s ubj ec t to comp li ance a nd enforcement measures, in c l uding aud it s and in spec tions by He a lth Ca nada.

D. Inspections

12. When are inspections conducted by

HC?

A ll l icen se d produ ce r s (LP) of m a rihuana for medica l purposes will b e s ubj ec t to ongoing inspection on a broad range of f ac tor s. Th e r e will b e thr ee core i nsp ect ion types: pr eli censing inspections , full inspection and targ ete d inspec tions.

After an application h as been sc r ee n e d and reviewed with a focus on sec urity measures at th e s it e and for k ey pe rsonn e l , a pre l icence in spec tion i s co ndu c t ed. This i s pr i o r to th e i ss uan ce of a li cence und e r the

Marihu a n a for M e di ca l Purpo ses Regu l ations.

Once an app li ca nt has passed a pr e l ice n ce insp ec tion a nd has m e t all requir eme nt s under th e regulations, a l icence is issu e d . Upon receipt of a li cence t o produ ce marihuan a for m e dic a l purposes , pr od u cers are s ub ject to audits and inspection s by

Health Ca n ada .

A full insp ec tion i s a n inspection after th e licence has been issu ed where th e licensed producer wi ll be assessed agains t th e full r ange of e l eme nt s r e qui red und er the MMP R,

3

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Page 25 of 125

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 Purpose s Regulations

Q&A package for Municipalitie s

• information received from l aw enforcement raises grounds to be li eve that they have been involved in he diversion of a controlled substance to an illicit market ;

• key persons required to hold a security c l earance do not hold a valid c l earance; and

• it i s 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 author i zat i on to possess marihuana for medical purposes expires or is revoked under the R"ogram participants must destroy a ll marihuana in their possession and notify the Minister of Health of the destruction within

10 days.

If participants do not comp ly with the requirement to notify Health Canada, the department may take comp li ance and enforcement actions , inc ludin g notifying law enforceme n t of non comp lian ce.

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 com ing into force of the

Narcotics Contro l

Act

in 1961. The

Narcotics Control

Act was repealed in 1996 by the current

Controlled

Drugs and Substances Act .

Health Canada has a l i cens in g sc h eme in place that is supported by compliance and enforcement activ i t i es to ensure complia n ce with the Act and its regulations .

Page 27 of 125

13.C

. pt·csc r vc s loca l gove rnm e n t s ' t ax r eve nu e s J i· orn m edica l ma r i j ua n a g r o w er s

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item D.1

View the ocjnLec fr i endlv ye r stoo of th is rel e a s e.

BRITISI-1

COLUMBIA

Fo r I m m e d iate Re l ease

2014CSCD0039 000862

Ju ne 2 4 , 20 14

IN F O R MA T ION B ULL ET IN

Mi n i st r y of Co m m u n i ty , Spo r t an d C ul tu r al

Deve l op m ent

M i n i st r y of Agr i cu l ture

B .

C . pr ese rv es loc a l g ov e rnm e nt s ' ta x r e v e nu es f r o m m e dic a l m a riju a n a grow e r s

V IC T OR I ATh e Govern m e n t of B ri t i s h Co l um b ia i s exclu di ng fe d e r a l ly li ce n se d me di ca l ma r i juana pr od u c ti o n f ro m t he l i st of ag r i cu l t ura l uses t hat q ual if y fo r f arm class i f i ca ti o n fo r assessme nt and propert y tax pu r poses.

Th e dec i s i o n w i l l ensu r e l oca l governments d o n ot lose p o te n tia l proper ty tax r e v e n ues fro m th e H ea l t h

Canada l i censed prod u ct i o n facili ti es.

M e d ica l m a ri j u a n a i s a f e d era l l y r eg ul a t ed narco ti c p r od u ce d b y l i censed o p e r ators i n B r it i s h Co l u m b i a .

Th e r e a r e cu rr ently fi ve fede r a ll y l ice n sed f ac i l i t i es i n Br i t i sh Co l u m bia.

B.c.'s p osit i on t akes i nt o co n s id e r at i o n t h e n a t u r e of t h e h i g h l y r egu l a t ed an d sec u re f aci lit i es , and is co n sis t e nt with t h e ap pr oach be i ng taken in n eig hb o u r in g A l b e rt a.

Th e Gove rnm ent o f Br i t i s h Co l u m b i a wi ll a l so co n t in ue to v i e w m e di ca l m a ri j u a n a pr o d uctio n as an a ll owa bl e f ar m u se wi t hin t h e Ag r icu l t ur a l L and Reserve t h a t s h ould no t b e p ro h i b ited by l oca l go v e rn ment b y l a w s. T h i s i s con s i stent w it h t h e Ag ri c u ltu r a l L an d Co m missio n 's i nterpreta ti on o f th e A g r ic ultu ra l La nd

Commiss i o n A c t.

Federal r eg u l a ti o n s fo r med i cal m ar i j uana came int o effect A pr il 1, 201 4 . Th e ex cl us i on f r om f a r m classi f ica t io n f o r pr oper ty tax p ur poses wi ll ta k e e ff ect f o r p r o p e rt y assessmen t s i n th e 2015 taxa t io n year.

Medi a Cont a c ts:

S h a n no n H age r m a n

Mi n i s t ry o f Comm u n i ty , Spor t a nd Cu l tura l

D e v elopme n t

250 953-3677

Robert Boe l e n s

Mi n i st r y o f Ag ri c u l ture

2 50 356 167 4 h tt p://www2 .

n e w s .gov

.

b c.ca/ n ew s _ r c l ca ses _ 20 1 3 -20 1 7/20 14 C SC D 0039 0 0 0 862.

htm f 6/2 4 /2 0 1 4 2 : I I : 56 P M]

Page 28 of 125

13.C. prese r · ves l oca l govemmenls' lnx r eve nu es from mcdica l mnrijunnn growers

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item D.1

BACKGRO UN D E R

Ministry o f Commun i ty, Sport and Cu l tural For Immed i ate Release

2014CSCD0039 000862

June 24, 2014

E li g ibili t y fo r farm cl ass i f i cat i o n for p r op e r t y tax purp o se s

Development

Ministry o f Agriculture

In British Co l umbia, the BC Assessment Act specif i es which farm uses qual i fy for farm classification for property tax assessment purposes. If the income derived from t h ese qualifying uses meets the prescribed levels, t h e l and and buildings i n which the activities are carried out may be e l igible for certain tax benef i ts.

Farm class co n fe r s significant bene f its to a prope rt y thro u gh low land va l ues, 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 r egula t ion to exc lu de fede r al l yl icensed medical marijuana p r oduction facilit i es as a qualifying farm product f o r assessmen t and taxatio n purposes. This means the fac i l i t i es would n ot be e li gible fo r the benefits of farm classi fi catio n . The r egulatory amendment wi l l t ake e f fect i n the 20 1 5 prope r ty t axa ti o n yea r .

Th ere are a l ready approved ac ti v i ties o n Agric ul tura l Land Reserve (AL R ) l and t hat are n ot e l igib l e for f arm c l ass i f i cat i on fo r assessme nt a n d property t ax p u rposes. Excluded products and act i v i t i es i nclude farm or ranch tourism operat i ons; sand and gravel extract i on operat i ons and wi n ery and ci d e r y facilities.

Fac ili t i es a r e acce p te d f a rm u se within Agricul t ural L a nd R eser v e

Licensed medical marijuana p r od u c t i o n f acilities may be l ocated o n b oth provincial ALR and non-A L R la n ds, subject to l ocal government zo n i n g and other si t e requireme n ts. The Agr i cultural Land Commission has determined that med i ca l mari ju ana p r oduction i s consistent w i th the def i nit i on of a fa r m use under t h e

Agr i cu l tural Land Commission Act. H owever, as a federally regu l ated narcotic, it w ill not be e l igible for farm classif i cation for prope r ty tax purposes. Co n s i ste n t with t he fede r a l gove r nme n t's direction a n d t he

Agricu l t u ra l L and Commiss i on's pos i t i on , and based on legal guidance, t h e P r ovince agrees l ocal governments s h ould not pro hi bi t m e d ica l mar iju ana p r oduction i n the A LR .

L oca l gove rn ments look i ng to pr opose a by l aw p r ohibiti n g med i ca l ma r ij u ana may wish to seek l egal cou n se l as e n act i ng such a bylaw m ay g i ve r i se to a const i tut i ona l c h alle n ge as fr u strating a l awfu l i n i t i a t ive of t h e fede r al government.

H ea l t h Ca n ad a li ce n se d f ac i lit i es:

S i nce 2001, H ea l th Ca n ada has gran t ed access to mar ij uana for medical purposes to Canadians w h o have had the s u pport of t h ei r p h ysicians. In J une 2013, the Governme n t of Canada introduced new r eg u la ti ons t h at treat me d ical marijuana as a con t rolled na r cotic and created a n ew commercial i ndustry that is responsible for its production and dist ri bution. As of Ap r ill, 2014, th e on l y way to access medica l mar i juana for med i ca l purposes i s t h r o u gh commercia l , l i censed produc ti ons. h tt p ://www2.

n cws.gov.bc

.

c u / n cws _ rclcuscs _ 20 1 3-20 1 7/20 1 4CSCD0039 000862.

htlll l 6/2 4 /20 1 1 1 2: I I :56 P M J

Page 29 of 125

IJ .C. pr·eserves l oca l gove rnm e nt s' t ux r ·e v e n u es li · om rn c dic al rna r iju a na g row e r s

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item D.1

Th e f e d eral gover nm e nt r e q u ir es l i ce n sed producers t o maintain specif i c secu rity measures, i n clu d i ng a d e t ailed d escrip ti on o f the m eas ure s and f loo r p l a n s of th e s i te, a nd to meet l ocal government r equ i remen t s as a cond it i on o f th eir license. As of M a y 5, 2014, fiv e l i ce n ses have b ee n i ss u ed to p r oduce r s in Ce ntr a l Saa ni c h, M aple Rid ge , Wh istler, Nanaimo and Spa llum c h een.

Q ui c k Link s :

H ea lth Cana d a (M edica l Use of Mari j uana): www.hc

sq~c.ca/dhp mps/marihuana/index ene;.php

BC Assessment: www bcassessmeot ca/Paies/default.aspx

A gr i cu l tu ral L a nd Co mmi ss i on: http://www.alqNv.bc.ca http://www.alc.e;ov.bc.ca/publications/ALC I nfo Bulletin Marijuana Amended Jan 2014.pdf

Medi a C ontact s:

S h a nnon H ager m a n

Mini s try of Community, S p o rt and Cu l tura l

Deve l opment

250 9 53-3 677

Robert Boe l e n s

M i n is t r y of Agriculture

250 356 16 74

Co nn ect with t h e Province o f B .

C. at: www.e;ov.bc.ca/connect h l l p ://www2.

n cws.gov.

b c.c

a / n ews _ r e l eases _ 2 0 1 3-20 1 7/2 0 1 4 CSC I) 0039-000 8 62.

htm l, 6/2 4 /20 1 4 2: II :56 PM J

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 Minimum Number of Parking Spaces Required

Medical Marihuana

Production Facilities

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

Read a Second Time, as amended

Advertised on

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act

Read a Second Time, as amended

Advertised on

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act

Read a Third Time

Approved by Minister of Transportation and

Infrastructure

(Transportation Act s. 52(3))

ADOPTED

this this this this this this this this

20th day of this 19th this 26th day of this 28th day of this 5th day of day of day of day of day of day of day of day of

November, 2013

February, 2014

February, 2014

February, 2014

March, 2014

, 2014

, 2014

, 2014

, 2014

, 2014

, 2014

, 2014

Chair 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

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

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September 17, 2014 - Item D.2

Page 37 of 125

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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

Advertised on and

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act on this 20th day of August, 2014 this 10th day of September , 2014 this 12th day of September , 2014 this day of , 2014

Page 38 of 125

Bylaw No. 2613

Read a Third Time

Approved by Minister of Transportation and

Infrastructure on

(Transportation Act s. 52(3))

ADOPTED

Chair

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item D.2

Page 2 of 2 this this day of day of

, 2014

, 2014 this day of , 2014

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

Electoral Area Advisory Committee TO:

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;

 Ministry of Agriculture;

 Agricultural Land Commission (ALC);

 Electoral Areas “B” and “C” Advisory

Planning Commissions;

 Ministry of Transportation and Infrastructure;

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

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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

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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) Handbook

1

:

“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.

local governments through zoning powers uses that may be regulated.

3

2

Extraction of minerals may not be prohibited by

. This limitation applies to the extraction of minerals only and not to the processing of those materials which would thereby be considered ordinary industrial

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

3

4

In British Columbia: Vernon (City) v. Okanagan Excavating Ltd., (1993) BCDC confirmed that extraction is not a use of land.

Note that ‘extraction’ includes only as much drilling, blasting and breaking necessary to permit transport of the resource off site.

Nanaimo (Regional District) v. Jameson Quarries Ltd.

, 2005 BCSC 1639, River Quarries Ltd v Dewdney-Alouette (Regional District}, [1995]

(BC Supreme Court)

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

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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:

FROM:

Board of Directors

Planning Department

DATE: September 4, 2014

Rezoning Bylaw No. 2652, 2014 [Six Star Holdings Ltd. c/o B.

SUBJECT

:

Monaghan]

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 m

2

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

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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: 14-0155-B-RZ

Applicant: Six Star Holdings Ltd. c/o B. Monaghan

Location: 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:

FILE NO.:

APPLICANT:

LEGAL DESCRIPTION:

P.I.D.#

CIVIC ADDRESS:

PROPERTY SIZE:

SERVICING:

July 23, 2014

14-0155-B-RZ

Six Star Holdings Ltd. c/o Brian Monaghan

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

008-220-522

Highway 97

1.7 ha

On-site septic sewage disposal and Greater Vernon Water Utility

PRESENT ZONING:

PROPOSED ZONING:

Country Residential (C.R)

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

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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

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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 m

2

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

1 Frank Peebles, “Heavy Construction Firm Set Up Shop in P.G”, The Prince George Citizen,

January 14, 2014, http://www.princegeorgecitizen.com

Page 52 of 125

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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

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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 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.

8.5 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

 Restaurants and pubs

 Gas bar/car wash/auto service

 Fast food/convenience stores

 Commercial entertainment

Outdoor & indoor tourist attraction

Assembly (churches etc.)

Specialty retail (boutiques, gift)

Leisure and recreation

 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

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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

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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:

Lot Area (min.)

Lot Frontage (min.)

Lot Depth

Lot Coverage (max.)

Building Height (max.)

Setbacks (min.)

- Front (Highway 97)

- Centreline (Highway 97)

+

+

1.7 ha

53% of perimeter

143 m

< 50%

Not specified

Not specified

Not specified

Not specified

Not specified

35

Not specified

1 ha

10 % of perimeter

N/A

50 % (all buildings & structures)

Lesser of 10 m or 2 storeys

7.5 m

37.5 m

- Rear (east)

- Side (north & south)

Parking Spaces (min.)

Loading Spaces

7.5 m

5 m on at least one side

To be determined

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 m 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 m

2

Landscaping and Screening building would require two (2) loading spaces.

2

of gross

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

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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 m

2

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

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item D.3

4.5m

138.953

9m

CONCRETE APRON

PROPOSED COVERED

9m

138.612

4.5m

- GEODETIC MONUMENT - SIGN - TREE - CEDAR SHRUB

- JUNCTION BOX - SERVICE BOX - KIOSK - LPT

- EDGE OF ASPHALT - EDGE OF GRAVEL - FENCELINE - TOP OF BANK - SANITARY - SANITARY FORCEMAIN - STORM DRAIN - GAS - HYDRO/TEL

Page 62 of 125 dwg dex.

In ontour_ oDEMC Orth XREFS:

FILE:z

IMAGES: 034-018_2013_10cm.ecw

:\meacl projects\1723 - meadowlarc road & hwy 97 - hoban\dwg\base\1723-base.dwg

tb k.c

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LAYOUT: Layout1

_meaclCTB:

PLOTTED:2014-05-08 - 11:09 AM

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

Advertised on this 20 th this 10 this 12 th day of August, 2014 th

day of September, 2014

day of September, 2014

Page 63 of 125

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act

Read a Third Time

Approved by Minister of Transportation and

Infrastructure

(Transportation Act s. 52(3))

ADOPTED

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item D.3

Page 2 this this 17 th

day of September, 2014 this this day of day of

, 2014

, 2014 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:

FROM:

DATE:

SUBJECT:

Board of Directors

Engineering

August 21, 2014 (Updated Sept. 4, 2014)

Connect

ion

of C

l

aremont Water Utility to Greater Vernon Water

RECOMMENDATION 1 :

That as recommended by the Greater V ernon Advisory Committee Bylaw No. 2654 being Claremont

Water Local Service Area Estab lishment 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 By law 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

C laremont

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 rece ipt 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 initiat ed by the users of the Claremont Water Utility (Claremont) to connect to Greater Vernon Water (GVW) in June 2 01 4. An information lett er outlining the costs and announc ing 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 C la remont users to connect to GVW with the majority in favour. The Certificat ion 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

File No.: 3 900/2654 and 2655

Re: Establishment & Borrowing bylaws for C la remont Water Utility

Dated: Aug ust 21, 2014

Page 2 of 3

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item E.1 - 2 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 fir st 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 i s recommend ing that GVAC provide their pre approval of the draft bylaws and recommend these proceed to the Board i mmediately upon receiving Ministry approval , provided the Ministry does not request significant changes . Should there be sign ificant changes to the bylaws they would be circulated back to GVAC for consideration.

BACKGROU ND :

The owner of Claremont worked with the RDNO Engineer ing 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 l etter indicating the requirements had been fulfilled and Claremont could connect to GVW upon receipt of the Acquisition Costs. The owner had expressed an inter est in accessing financing via the Municipal Finance Authority to ease the financial burden for the residents .

Page 66 of 125

File No .

: 3900/2654 and 2655

Re: Establishment

&

Borrowing bylaws for Claremont Water Utility

Dated: August 21, 20 14

Page 3 of3

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item E.1 - 2

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 , wa s consulted. The Ministry responded on May 25, 2014 to confirm that the

RDNO could form th e LSA within V e rnon and the petition pro cess 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 V e rnon .

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 Authori za tion Bylaw No . 2655, 2014

Reviewed and endorsed by:

~~

Dale

McT ~P.E

ng.

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 ~

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

=

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

'SCHEDULE B'

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW NO. 2654

A bylaw to estab li s h the C l are mont Water Se rvi ce Area

WHEREAS

S ect ion 796(1)

( Ge ner a l a uthorit y for se !Vi

ces )

of th e

Local Government Act

s t a t es th a t a r eg i ona l d i str i ct may oper a t e a n y ser vi ce th a t th e bo a rd considers n ecessa ry o r desirab l e for a ll o r part of th e r egional distri ct

~ "'

/:,..,_,

. ! ..

AND WH EREAS

the Board of Directors of th e Regiona l District : <Sf . North Okanagan h as rece i ved a valid and sufficient p e tition to extend water serv i ces in a

e!Jrilaqce

~ i t h

Section 797.4 of th e

L oca l Government Act ;

AND WH EREAS

Sect i o n 796 .

2

[Autlwriti es in

~-

. ' . re / at i

~

n fo

~e!Vices ot

h

e:

~

·

I,

t 1 uJfj" r egu l a t ory se!Vices

]

a n d Section 800 .( 1) [E

s t ab li s hin g bylaws required for most se!Vices

]

of the

[Gca i ~ Oove rnm e nt

Act

provides for th e adoption of a bylaw t o es tabli s h a · n ew .

Regiona l Dj s tri c t service; "'

"~,

'"·

~~ . ~

""·)

"'

~

...,

.

",,

AND WH EREAS

pursuant to Sectio n 802 .2 of tile ;

toea / / Government Act ,

if money i s t o be borrow ed in r elatio n to th e serv i ce, t~ e estab li sh ing ~ g) l ~'N ; a nd

[ C l aremont Water Se!Vice Area L oa n A L 1t hor iJ.at

ion

By l aw ~ lgc] !.

; ?655, obtain i ng part icip at in g area a pproval , b 'e ,

;.:, 1. . i t~ as

~ if they " .

~ el:e . th e one by l loan a w; au thori zatio n by l aw

201 4]

mu st, for the purpose of

NOW THEREFORE,

th e Board of th e

\

~~gjo

~

~al

,.

~l'Y; l

·

~ asse m

TITLE

bled e n acts as follo .

.... .

·"'· ; ."'

;c .....

,,

'~

"\

\

\...

-~

· \

\_ Aif

;-

:

~'t-'"·/'

~

' \ "'.

.

:;

o f

·

f;L

·" P kan aga n in o p e n me e ting

"'.;;·

1 .

Thi s bylaw r

No .

2654,201

cited as t he ·f

../ .

· /

" '

t

• .

" C i arem'o(Jt

~_

water

Setvice Area Establishment Bylaw

~ l"'

~ ~

·, . . •

2 .

""~

.

"),_

~,

·

• ...r;.

"'···

\,._ ,;;-.

,n~

,,

\ /

Y'

P U RPOS~ ·""

/ : ;_ _ ,

; . tr.

~~.;A

\.:'" '!_

1

7,.

A

To ex(end a~d

"

cbilst ruc

~

.a

' water main extension for th e purpo se of distribut i on of potable

./'

<_ wat er.

.

,.~

SER VIG ~ ~ AREA

\ ..

.

,,:_:Y'

PARTIC I PANTS

~::·~~~··

, .

3.

Th e

p~

part of this

!

Ra

ting

2 014 sh ] l f H l'c lude area A

fo

~ B'Y~w. t£.~ ;i ;~y"

~ the C l a r e m ont Water Se r vice Ar ea Estab li s hm en t By l aw 2654, th (f)s;~ ; prop erties as i dent ifi ed on Schedu l e "A" a tta ched to a nd forming

4.

A port i o n of th e Ci ty of V e rn o n.

M AXI MUM REQUISITION

5. T h e maximum a moun t which may be requisitioned annually f or t hi s se r v i ce s h a ll not exceed t h e produc t of a l e vy of $2.96 fo r each $ 1 , 000 of net taxable val u e of l and and impr ove m en t s in th e service a r ea o r $80,000 whicheve r is greater.

Page 69 of 125

BOARD of DIRECTORS - REGULAR AGENDA

'SCHEDULE 8'

Claremont Water Service Area Establi s hment By l aw No . 2654, 2014 Page 2

COST RECOVERY

6.

The annual cos t of p r ov i ding the se r vice s h a ll be r ecovered by e i ther or both of th e fo ll owi n g:

('1) t h e requ i s i t i on of money under Section 805 (Req ui si ti on of f unds f rom Mun i cipa l i ti es) of t h e

Loca l Government Act

t o be co ll ected as a parce l tax to be l e v i ed o n l a n d and i mprovements and co ll ec ted in acco r dance wit h Sec t ion 805.1 (b) o f the Loca

l

Governme n t Act;

(2) t h e im pos i t i o n of fees and other cha r ges .

Read a First, S econd and THIRD Time

th i s

Consent provided

Appro v ed by the participant s by the Inspector of M unicipalities

'2014

'2 014

) 20 1 4

ADOPTED

' 20 1 4

Page 70 of 125

BOARD of DIRECTORS - REGULAR AGENDA

'SCHEDULE B'

AV E NU E

'\

.... , '\1

L\A

<?\..~\"'

1

KAP85838

TO

Regional District of No rt h Okanagan

S-84S

Ab(>:t:~ Ro.a

::~ . Cc!

±tr~. a. c.

Ph o ru:•: 2SG-550-Zi00 FlOC 250 · 550 · 3101 wwt.'l.._nore

, Q

, _ SCALE 1 : 3000

MET RE S 20 0 25

H H t==-===4

50

I

10 0 METRES

I

C

LAR

E

M

O

NT WAT

E

R

LOCAL

S

ERV

I

C

E

AR

E

A

E

STABLI

S

HM

E

NT

Page 71 of 125

C l aremont Water Loca l Service A r ea

Area Boundary

Schedule

"A" to ac c om pan y

Bylaw No. 265 4, 20 1 4

Dated at Cold.•trc am . B .C. thi s

_ _ dayof .2014

Co m orn t c OtTtcer

BOARD of DIRECTORS - REGULAR AGENDA

'SCHEDULE C'

REG

I

ONAL DISTR

I

CT OF NORTH OKANAGAN

BYLAW NO. 2655

To bylaw to authorize th e borrow in g for the purpose o f financing the cons tru ct ion of a water m a in ex t e nsion to c onne ct to the Greater Vern o n Wat e r Service

WH EREAS

th e Board of Directors of t h e Regional District of North Ol<.anagan has established by Bylaw No. 1262, 1994, the

Regional District of North Okanagan

- Grea

ter Vernon Regional

Water Supply Local Serv i ce Estab li s hment Bylaw No. 1 262 , 1994 ;

(<3reater Vernon Water) ;

AND WH EREAS

th e Board of Directors of the Regional District of North Okanagan has received a valid and sufficient petition to extend wat e ' r se · rvices in a cco rdance with Section

797.4 of t h e

Local Government Act;

·

AND WH EREAS

th e Board of Directors of the ;: Regional District of North Okanagan ha s established by Bylaw No . 2654, 2 014 being the

Claremont Water Serv ice Area Establishment

Bylaw No . 2654, 2014

a se rvi ce for the purpose of ex t e nd i ng th e pro v i s ion of Greater Vernon

Wat e r to th e C lar emont Water Service Area;

AND W HEREAS

it i s d ee med desirabl e and ex p e di e nt to eonstruct a water main exte nsion serving th e C l aremont Wat e r Service Area to provide connection to the Greater V erno n W a te r

Se rvic e;

AND WH EREAS

th e est im ated cqst of construction of the water main ex t e n s i o n to connect the

Claremont Water Service Area to Greater V e rnon Water Service in c luding expe n ses in cidental th e reto is the sum

.

of

Se ven Hundr ed Thousand ($700,000.00) of which the s um of Seven

Hundr ed Thou s and ($700,000.0q) i s th e amount of debt intended to be borrowed by thi s bylaw;

AND WHEREAS the maxirpum term for which a debenture m a y be issued to secu re the debt created by this bylaw is, for a term not to excee d tw e nty (20 ) y ears;

NOW THEREFORE,

the Board of Dir ec tors of th e Regiona l D i strict of North Okanagan, in open mee t ing assemb l ed, hereby ENACTS AS FOLLOWS:

T I TLE

1.

Thi s bylaw may · pe cited as th e

" Claremont Water Service Area Loan Authorization

Bylaw No . 2655 , 2014".

ESTABLISHMENT

2. The Board of Dir ec tors of th e Regional D i s trict of North Okanagan i s hereby aut hori zed to und e rtake and ca rr y out or ca u se to be ca rri ed out th e constr u ctio n of a water m a in ex t e n s i on to co nnect to the G r eate r V e rnon W a t er Se rvi ce to se rv e the a r ea l<n ow n as th e

C l are mont W a t e r Service Area as estab li s h ed und er th e C

l a r emont Water Serv i ce Area

Es tabli s hm e nt By l aw No . 2654, 2104

and to do a ll thin gs n ecessa ry in connection

Page 72 of 125

BOARD of DIRECTORS - REGULAR AGENDA

Claremont Water Service Area Loan Authorization Bylaw No. 2655, 2014

'SCHEDULE

C'

Page 2 therewith and without l imit in g the generality of the foregoing: a. To bo rr ow upon the cred it of the Regiona l District a sum not exceeding Seven

Hundred Thousand dollars ($700,000.00). b. To acquire all such real p r operty, easements , rights-of-way, l i censes , rig h ts or autho rit ies as may be requisite or des ir ab l e fo r or in co nn ection wit h the construction o f the wa t er main extension to co nn ec t t he Claremont Water Service Area to the

Grea t er V e rnon Water Serv i ce.

3. The maximum term for which debentures may be issued to secure the debt created by this by l aw is twenty (20) years .

SCOPE OF SERVICE

4 .

The service estab li shed by this bylaw is to provide the capital financing for the construction of water main infrastructure within the Claremon t Water Service Area as established under the

C l aremont Water Service Area Establishment By l aw No . 2654 , 2104.

Read a F ir st, Second and THIRD Time

Consent pro vi ded b y the partic i pants

Approved by the Inspector of M unicipalities

ADOPTED

thi s

· ' thi s

.

. . th i s this day o f day of day of day of

120 1 4

120 1 4

' 2014

12014

V i ce C h a ir Co r porate 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:

FILE NO.:

APPLICANT:

LEGAL DESCRIPTION:

P.I.D.#

CIVIC ADDRESS:

PROPERTY SIZE:

SERVICING:

PRESENT ZONING:

PROPOSED ZONING:

O.C.P. DESIGNATION:

August 11, 2014

14-0190-E-RZ

Lance and Angelia Harvey

Lot A, Sec 28, Twp 57, ODYD, Plan KAP71752

025-464-124

112 North Fork Road

3.87 ha / 9.56 acres

On-site wells and septic

Non-Urban (N.U)

Small Holding (S.H)

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 m

2

or larger in size to serve as a suitable building site. A building site must be less than 30% natural slope and must be accessible from a public highway via 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. Electoral Area “E” Director

2. Electoral Area “E” Advisory Planning Commission

3. Electoral Area Advisory Committee

4. 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

Rezoning Application

14-0190-E-RZ (Harvey)

Submitted by:

Rob Sma il es, MC I P , RPP

General Manager , Planning and Building

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item E.3

Rev i ewed by:

Deputy Planning Manager

Page 6

Page 80 of 125

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item E.3

ELECTORAL AREA "E"

REZONING APPLICATION

SUBJECT PROPERTY MAP

File: 14-0190-E-RZ

Applicant: LANCE & ANGELINA HARVEY

Location: 112 NORTH FORK ROAD

Page 81 of 125

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item E.3

· 47

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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

Advertised on this this

This day of day of day of

, 2014

, 2014

, 2014

Page 83 of 125

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September 17, 2014 - Item E.3

Public Hearing held pursuant to the provisions of

Section 890 of the Local Government Act

Read a Third Time

Approved by Minister of Transportation and

Infrastructure

(Transportation Act s. 52(3))

ADOPTED

Chair this this this this day of day of day of day of

Corporate Officer

, 2014

, 2014

, 2014

, 2014

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September 17, 2014 - Item E.4

REGIONAL DISTRICT of

NORTH OKANAGAN

MEMORANDUM

File No.: 14-0295-D-WVR

Electoral Area Advisory Committee TO:

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,

SUBJECT:

Except Plan 28492 and located at 171 Brookfield Road, Electoral

Area “D

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:

Jennifer deGroot, B.Sc.

Planning Assistant

Reviewed by:

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

File:

SUBJECT PROPERTY MAP

14-0295-D-WVR

Applicant: Colleen Hazeldine

Location: 171 Brookfield Road

B

KAPSS279

I

KAP58C78

W1 / 2 0F N E1/ 4

E1/ 2 OF NE1 / 4 li _ _ _ _ _ _

_ ii

N

~

II

20 F

S W 1 / 4 ii

!i

255

~--~ ~~ -~ L ------·~~ --~ -----------------------~~ --i---------tWNSHIP40

IW NSHIP 41

SEC 32

PLA N 294C

H

BROOKF I ELD ROA L l\E11· 1

PlAN

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September 17, 2014 - Item E.6

REGIONAL DISTRICT of

NORTH OKANAGAN

REPORT

File No.: 3046.01.04

TO:

FROM:

Electoral Advisory Committee

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 EAACAugust 12 , 2014

Page2

Staff Time

Disbursements

Venues

Printing Costs

Mail outs/ Phone Surveys

Materials

Graphic Design

Advertising

Steering Committee Meals

Mileage

Total Disbursements

$ 62,500.00

$1000.00

$300.00

$6,000 .

00

$400.00

$2,000.00

$3,000.00

$900 .00

$1,500.00

$15,100.00

Total Internal Costs

$77,600.00

Table 1 : Electoral Area "F" OCP Review Budget

For comparison, the cost est imat es the RDNO received for the rev i ew of the Electoral Areas " 0 " and

" E " OCP (2009) are deta il ed below .

Proposals

HB Lenarch

Focus

Landeca and Bou l evard

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 E l ectora l Area " F " Official Community Plan be funded from the Community Works Fund.

Submitted by :

,

764vz'-

------

Anna Page , Sustainability Coordinator

Endorsed by :

Rob Smai l es , MCIP

Genera l M a nager , P l ann in g a nd Bui ldin g

Page 111 of 125

Approved For Inclusion :

;(. '-fY/JL!ldf

Dav i d Sewell

Chief Administrative Officer

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?

Eligible costs?

If project is related to a building, is the building primarily used for public good?

Benefits of the Project –

Yes Explanation

RDNO

Expenditures related to strengthening the ability of Local Governments to improve local and regional planning.

Benefit to local community

Benefit to Electoral Area

Benefit to more than one

Electoral Area

Benefit to all Electoral Areas

Benefit to entire Regional

District

Yes

Explanation

Will benefit Electoral Area F

Does the Project meet funding agreement categories?

Project Category

Public Transit – infrastructure that supports a shared passenger transport system available for public use

Yes

Community Energy Systems – infrastructure that generates or increases the efficient use of energy

Page 112 of 125

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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

Productivity and Economic

Growth

Clean Environment

Strong Cities and Communities

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.

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)

Economic

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”.

Other benefits of the Project

Project Benefits

Education value

Public Awareness (media opportunities)

Yes Explanation

The OCP review process will involve extensive public consultation and opportunities for input.

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.

Metering

- - a.

Water Meter Cost [includes installation and inspection on

Water meter must be purchased from GVW new construction and inspection on retrofits] and includes the installation and/or inspection completed during one site visit b,

---

Water Meter Inspection Fee

$36.00 . per occasion c.

- · - · · - - - - - - · - - - - - · - - - - - - - - - - - ---

-·-···---~-----

Meter Re-read at Customer's Request $ 36.00 per occasion d.

Meter Testing at Customer's Request e.

I

Leak Adjustment Application Fee

7.

I

Unmetered Fire Main Rates

I a. 50 mm diameter and smaller b

75 mm diameter c.

100 mm diameter d. g.

150 mm diameter e. i

200 mm diameter f.

250 mm diameter

300 mm diameter

$84.00 per occasion

$ 50.00 per occasion

I

!

I

$

155.00 per annum

$ 220,00 per annum

$280.00 per annum

$560.00 per annum

$1,130.00 per annum

- - - - - - - - - - - - - - -

$2,260.00 per annum

1----'-----------

$4,530.00 per annum

8.

Fire Hydrants a. Utility Charge to Fire Departments

150 mm hydrants

I b.

Utility Charge to Fire Departments 50 mm hydrants c. Temporary Fire Hydrant connection 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

$0.00 per annum

$0.00 per annum

$ 246.00 , per hydrant per week or

!part

$2.15 per cubic metre

$95.00 per hydrant

$600.00

$ 185.00

9.

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

20 metres

plus water meter b. Service 27 to 38 mm diameter with a maximum length of 20 ! $4,360.00 plus water meter metres c.

Service

- - - - - · - -

39 to 55 mm diameter with a maximum length of 20 $ 5,515.00 plus water meter

! - - metres

---····---------·-··-·-------------------------~---~--d. Service 56 to 110 mm diameter with a maximum length of

20 metres

$8,820.00 plus water meter e. Service 1·11 to 160 mm diarneter with a maximum length of $ 10,140.00 plus water meter

20 metres f. Service 161 to 210 mm diameter with a maximum length of $ '11 ,900.00 plus water meter

20 metres

· - - -

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

Staff:

Councillor G. Kiss

Director R. Sawatzky

Alternate Director J. Garlick

Director B. Fleming

Alternate Director M. Randell

J. Kidston

D. Sewell

P. Juniper

D. McTaggart

Z. Marcolin

T.

Nelson

K. Pinkoski

H. Roseberry

City of Vernon

District of Coldstream

City of Vernon

District of Coldstream

(Chair)

(Vice Chair)

Electoral Area "B"

Electoral Area “C”

Alternate Agricultural Representative

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

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September 17, 2014 - Item G.1a

Greater Vernon Advisory Committee

Minutes – Regular

ADOPTION OF MINUTES

Greater Vernon Advisory Committee

- 2 - September 4, 2014

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

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September 17, 2014 - Item G.1a

Greater Vernon Advisory Committee

Minutes – Regular - 3 -

Connection of Claremont Water Utility to Greater Vernon Water

September 4, 2014

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

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item G.1a

Greater Vernon Advisory Committee

Minutes – Regular - 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

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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 Electoral Area “C”

Director E. Foisy

Director J. Pearase

Electoral Area “B”

Electoral Area “D”

Electoral Area “E”

Electoral Area “F”

Also

Present:

R. Morgan

Staff:

L. Mellott

G. Routley

A. Page

A. Kittel

C. Elley

RCMP

K. Flick

Vice Chair

General Manager, Electoral Area Administration

Deputy Planning Manager

Sustainability Coordinator

Regional Growth Strategy Coordinator

Clerk (taking minutes)

Chair

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

DELEGATIONS

- 2 - September 4, 2014

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

Waiver of Lot Frontage

- 4 - September 4, 2014

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 “Dbe 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

BOARD of DIRECTORS - REGULAR AGENDA

September 17, 2014 - Item G.1b

Electoral Area Advisory Committee

Minutes – Regular

General Manager’s Report

- 5 - September 4, 2014

The General Manager, Electoral Area Administration provided an update on the following matters:

– UBCM - Meeting with Opposition Critics on September 24 th

– 4:15 pm (Selina Robinson-

Local Government, Jennifer Rice-Rural Health)

– Local Government Elections (Nomination Packages available for pick up, Nomination

Period September 30 th

– October 10 th

, 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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