BOARD of DIRECTORS MEETING Wednesday, June 17, 2015 4:00 p.m. REGULAR AGENDA CONSOLIDATED This document is a consolidation of the above-noted meeting agenda and includes the addition of the document(s) listed below. Note that documents listed below that have been brought forward at the meeting and form a part of the agenda will be found at the back of this agenda package. AGENDA ADDITIONS Agenda Item No. E.10 Subject − Greater Vernon Water – Master Water Plan Objectives REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING Wednesday, June 17, 2015 4:00 p.m. REGULAR AGENDA A. APPROVAL OF AGENDA 1. Board of Directors – June 17, 2015 (Opportunity for Introduction of Late Items) (Opportunity for Introduction of Late Items – In Camera Agenda) RECOMMENDATION 1 (Unweighted Corporate Vote – Simple Majority) That the Agenda of the June 17, 2015 regular meeting of the Board of Directors be approved as presented. B. ADOPTION OF MINUTES 1. Board of Directors – June 3, 2015 RECOMMENDATION 2 Page 1 (Unweighted Corporate Vote – Simple Majority) That the minutes of the June 3, 2015 meeting of the Board of Directors be adopted as circulated. C. DELEGATIONS 1. Agricultural Land Commission Application DeTOURDONNET, A. and V. c/o M. DeTOURDONNET [File No. 15-0114-C-ALR] [See Item E.3] Board of Directors Agenda – Regular D. -2- June 17, 2015 UNFINISHED BUSINESS 1. Okanagan Basin Water Board – Request for Designated Annual Work Window − Letter dated March 12, 2015 from the Okanagan Basin Water Board Motion on the floor from the May 6, 2015 Board of Directors Meeting: RECOMMENDATION 3 Page 6 (Unweighted Corporate Vote – Simple Majority) That as recommended by the Greater Vernon Advisory Committee, the Okanagan Basin Water Board be advised that the request for a designated annual work window for milfoil control in Kalamalka Lake be established in consultation with Greater Vernon Water staff to optimize operational efficiencies. E. NEW BUSINESS 1. Bylaw 2636 – Electoral Area “D” and “E” Official Community Plan Amendment Bylaw 2637 – Rezoning LEITRIM CONTRACTING LTD. c/o O’ROURKE [File No. 14-0088-D-OR] − Staff report dated June 5, 2015 RECOMMENDATION 4 Page 7 (Part 26 – Special Voting – Includes Electoral Areas Only) That following consideration of comments received at the Public Hearing, Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2636, 2014 which proposes to change the land use designation of a +1.48 ha portion of the property legally described as District Lot 628, ODYD, and located at 1021 Trinity Valley Road, Electoral Area “D” from Large Holdings and Agricultural to Commercial be given Third Reading. RECOMMENDATION 5 (Part 26 – Special Voting – Includes Electoral Areas Only) That following consideration of comments received at the Public Hearing, Rezoning Bylaw No. 2637, 2014 which proposes to rezone a +1.48 ha portion of the property legally described as District Lot 628, ODYD, and located at 1021 Trinity Valley Road, Electoral Area “D” from the Large Holding (L.H) Zone to the Recreation Commercial (C.5) Zone be given Third Reading. 2. Bylaw 2477 – Electoral Area “F” Official Community Plan Amendment Bylaw 2478 – Rezoning Tony’s Tire c/o Vetter [File No. 10-0497-F-OR] − Staff report dated May 25, 2015 RECOMMENDATION 6 Page 34 (Part 26 – Special Voting – Includes Electoral Areas Only) That, as recommended by the Electoral Area Advisory Committee, the referral process outlined in the Planning Department report dated May 25, 2015 be considered appropriate consultation for the purposes of Sections 879, 881 and 882 Board of Directors Agenda – Regular -3- June 17, 2015 of the Local Government Act with regard to Electoral Area “F” Official Community Plan Amendment Bylaw No. 2477, 2011 which proposes to amend the land use designation of the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402 and H10220 and located at 64 Highway 97B, Electoral Area “F” from Agricultural to Country Residential; and further, That Electoral Area “F” Official Community Plan Amendment Bylaw No. 2477, 2011 which proposes to amend the land use designation of the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402 and H10220 and located at 64 Highway 97B, Electoral Area “F” from Agricultural to Country Residential, be given Second Reading and referred to a Public Hearing. RECOMMENDATION 7 (Part 26 – Special Voting – Includes Electoral Areas Only) That Rezoning Bylaw No. 2478, 2015 which proposes to rezone the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402 and H10220 and located at 64 Highway 97B, Electoral Area “F” from the Non-Urban (N.U) zone to the Country Residential (C.R) zone be given First and Second Readings and referred to a Public Hearing. 3. Agricultural Land Commission Application DeTOURDONNET, A. and V. c/o M. DeTOURDONNET [File No. 15-0114-C-ALR] − Staff report dated May 20, 2015 RECOMMENDATION 8 Page 45 (Unweighted Corporate Vote – Simple Majority) That, as recommended by the Electoral Area Advisory Committee, the application of Agatha and Vincent deTourdonnet c/o Michael deTourdonnet under Section 21(2) of the Agricultural Land Commission Act to subdivide the property legally described as Lot A, Sec 12, Twp 8, ODYD, Plan KAP48707 and located at 4877 Haynes Road, Electoral Area “C” not be authorized for submission to the Agricultural Land Commission. 4. Legal Document Request - Modification of Covenant KP036954 BLACK, R. [File No. 15-0022-F-LD] − Staff report dated May 1, 2015 RECOMMENDATION 9 Page 55 (Part 26 – Special Voting – Includes Electoral Areas Only) That, as recommended by the Electoral Area Advisory Committee, the request to modify Covenant KP036954 registered on the title of the property legally described as the S½ of the SW¼ of Sec. 3, Twp. 20, R9, W6M, KDYD, Except Plans 23082, 23688, and KAP49667 and located at 247 Black Road, Electoral Area “F” by authorizing the construction of ten (10) Agri-Tourism Campsites on the Non-Urban (N.U) zoned portion of the property be referred to a Public Hearing. Board of Directors Agenda – Regular -4- June 17, 2015 5. Lot Frontage Waiver Request SILCHENKO, E. and E. [File No. 15-0177-E-WVR] − Staff report dated May 19, 2015 RECOMMENDATION 10 Page 66 (Part 26 – Special Voting – Includes Electoral Areas Only) That as recommended by the Electoral Area Advisory Committee, the 10% minimum frontage requirement of Section 802.7 of the RDNO Zoning Bylaw No. 1888, 2003 be waived for the property legally described as Lot 2, Sections 26 and 35, Twp 45, ODYD, Plan 24879 and located at 1377 Highway 6, Electoral Area “E” by reducing the lot frontage of proposed Lot 1 from 103.44 metres to 79.151 metres and by reducing the lot frontage of proposed Lot 2 from 88.93 metres to 58.0 metres as shown on the site plan attached to the Planning Department report dated May 19, 2015. 6. Community Works Fund Project #105 (Biodiversity Conservation Strategy) − Staff report dated May 22, 2015 RECOMMENDATION 11 Page 72 (Unweighted Corporate Vote – Simple Majority) That, as recommended by the Electoral Area Advisory Committee, the Engagement and Communication Plan for the implementation of the Biodiversity Conservation Strategy be funded from the Community Works Fund at a cost of $10,010. 7. Community Works Fund Project #106 (Cosens Bay Water Quality Monitoring) − Staff report dated May 22, 2015 RECOMMENDATION 12 Page 82 (Unweighted Corporate Vote – Simple Majority) That, as recommended by the Electoral Area Advisory Committee, the Water Quality Monitoring Cosens Bay – Year 2 study be funded from the Electoral Area “B” allocation of the Community Works Fund at a cost of $10,023. 8. Community Works Fund Project #108 (Gardom Lake Baseline Assessment) − Staff report dated May 22, 2015 RECOMMENDATION 13 Page 92 (Unweighted Corporate Vote – Simple Majority) That, as recommended by the Electoral Area Advisory Committee, the Gardom Creek Baseline Assessment be funded from the Electoral Area “F” allocation of the Community Works Fund at a cost of up to $40,000. Board of Directors Agenda – Regular -5- June 17, 2015 9. Regional Growth Strategy – Five Year Review Draft Terms of Reference - Staff reported dated June 9, 2015 RECOMMENDATION 14 Page 101 (Unweighted Corporate Vote – Simple Majority) That the June 9, 2015 report title, ‘Regional Growth Strategy – Five Year Review Draft Terms of Reference’ be received for information. 10. Greater Vernon Water – Master Water Plan Objectives RECOMMENDATION 15 (Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas B and C) That as recommended by the Greater Vernon Advisory Committee, staff be directed to draft Terms of Reference based upon the model of the Drought Response Team to establish a Master Water Plan – Stakeholder Sub-Committee of the Greater Vernon Advisory Committee to work on the Master Water Plan to receive and consider information and provide feedback to politicians and staff. 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 investigate a communications strategy with regard to the Master Water Plan process. 11. Greater Vernon Cultural Plan RECOMMENDATION 17 (Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas B and C) That as recommended by the Greater Vernon Advisory Committee, working within existing resources, the following direction be provided to support the development of the Greater Vernon Cultural Implementation Plan: − The Regional District will only fund independent registered societies − Any operating funding provided by the Regional District will have an operating agreement and/or contract for services (multi-year) in place − The Regional District will provide facilities (not direct programming) for the following: − Cultural Conservation and Exhibition – Community Cultural Programming 12. Marshall Field Soccer Pitch Maintenance − Staff report dated June 4, 2015 RECOMMENDATION 18 Page 102 (Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas B and C) Board of Directors Agenda – Regular -6- June 17, 2015 That as recommended by the Greater Vernon Advisory Committee, staff be directed to report back to the Greater Vernon Advisory Committee on the cost to provide early season water irrigation to Marshall Field. RECOMMENDATION 19 (Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas B and C) That as recommended by the Greater Vernon Advisory Committee, staff be directed to investigate establishing operations reporting protocols to ensure that contract provisions are being met. 13. Union of British Columbia Municipalities – Call for Nominations − Correspondence dated June 5, 2015 FOR DISCUSSION Page 105 14. Regional District of North Okanagan 2014 Statement of Financial Information - Staff report dated June 17, 2015 RECOMMENDATION 20 Page 116 (Unweighted Corporate Vote – Simple Majority) That, pursuant to the requirements of the Financial Information Act, the 2014 Statement of Financial Information and attached Schedules for the Regional District of North Okanagan be approved. F. BUSINESS ARISING FROM DELEGATIONS G. REPORTS 1. Standing and Select Committees RECOMMENDATION 21 Page 125 (Unweighted Corporate Vote – Simple Majority) That the minutes of the following meetings be received for information: − Greater Vernon Advisory Committee – Special – May 28, 2015 (unadopted) − Greater Vernon Advisory Committee – Regular – June 4, 2015 (unadopted) − Electoral Area Advisory Committee – Regular – June 4, 2015 (unadopted) 2. External Committee Reports 3. Chief Administrative Officer’s Report 4. Chair’s Report Board of Directors Agenda – Regular H. -7- June 17, 2015 IN CAMERA RECOMMENDATION 22 (Unweighted Corporate Vote – Simple Majority) That, pursuant to Section 92 of the Community Charter, the regular meeting of the Board of Directors convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(c) and (e) of the Community Charter. I. REPORT FROM IN CAMERA J. ADJOURNMENT BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item B.1 REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a REGULAR meeting of the BOARD of DIRECTORS of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Wednesday, June 3, 2015. Members: Director R. Fairbairn Director K. Acton Director S. Fowler Director D. Dirk Director G. McCune Director J. Brown Director A. Mund Director J. Cunningham Director C. Lord Director B. Quiring Director B. Fleming Director M. Macnabb Director H. Cameron Director H. Halvorson Electoral Area “D” Village of Lumby City of Armstrong District of Coldstream City of Enderby 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” Chair Vice Chair Staff: D. Sewell L. Mellott R. Smailes S. Banmen P. Juniper G. Routley C. Mazzotta K. Pinkoski T. Nelson C. Howkins Chief Administrative Officer General Manager, Electoral Area Administration General Manager, Planning and Building General Manager, Finance Deputy Corporate Officer Deputy Planning Manager Information Services Manager Manager, Parks Community Development Coordinator Senior Clerk, Corporate Services Also Present: Alternate Director J. Garlick Councillor G. Kiss Media and Public District of Coldstream District of Coldstream CALL MEETING TO ORDER The meeting was called to order at 4:00 p.m. APPROVAL OF AGENDA Board of Directors – June 3, 2015 Moved and seconded by Directors Cunningham and Fowler That the Agenda of the June 3, 2015 regular meeting of the Board of Directors be approved as amended: - Item E.10 – Canada Day Grant - In Camera – Section 90(1)(j) CARRIED Page 1 of 135 Board of Directors Minutes – Regular -2- BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item B.1 June 3, 2015 ADOPTION OF MINUTES Board of Directors – May 20, 2015 Moved and seconded by Directors Acton and Mund That the minutes of the May 20, 2015 meeting of the Board of Directors be adopted as circulated. CARRIED Committee of the Whole – May 20, 2015 Moved and seconded by Directors Lord and Cunningham That the minutes of the May 20, 2015 meeting of the Committee of the Whole be adopted as circulated. CARRIED DELEGATIONS Mabel Lake Marina – Terry Laursen Terry Laursen provided an overview of the new Mabel Lake Marina and invited the Board of Directors to attend the Grand Opening scheduled for July 3, 2015. NEW BUSINESS Environmental Awards The Chair presented plaques to the 2015 North Okanagan Environmental Leadership Award recipients in recognition of their efforts in the community. The following awards were presented: - Environmental Leadership by a Group or Business o Element Eco Design o The BX Press Cidery & Orchard - Youth Environmental Leadership o Charles Bloom Secondary School Textile, Arts and Crafts Grades 9-12 o Vernon District Girl Guides of Canada - Individual Environmental Leadership o Cat Majors o Jack Elliman Moved and seconded by Directors Lord and Fowler That the report dated May 12, 2015 Environmental Leadership Award Winners be received for information. CARRIED Page 2 of 135 Board of Directors Minutes – Regular -3- BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item B.1 June 3, 2015 Bylaw 2665 – Disposition of Park Lands Acquired in Relation to Subdivision Director Quiring declared a conflict of interest and left the meeting. Moved and seconded by Directors Cunningham and Macnabb That Disposition of Park Lands Acquired in Relation to Subdivision Bylaw No. 2665, 2015 be Adopted. CARRIED Director Quiring returned to the meeting. Sound Level Tests – Proposed Shooting Range – 1021 Trinity Valley Road, Electoral Area “D” Moved and seconded by Directors Dirk and Acton That the report dated May 20, 2015 from the Bylaw Enforcement Officer regarding a Sound Assessment of the proposed shooting range located at 1021 Trinity Valley Road, Electoral Area “D” be received for information. CARRIED 2015 Community Grant Applications Moved and seconded by Directors Acton and Cameron That the community grant applications, as listed in the May 5, 2015 report titled 2015 Community Grant Applications, be approved with the following amendment: − Lumby and District Health Services Society be added for their programming at 50% of the community rate, with two hour intervals, up to $1,000 grant. CARRIED Canada 150 Community Infrastructure Grant Program – Museum Moved and seconded by Directors Cunningham and Mund That a funding application be submitted to the Western Economic Diversification Canada 150 – Community Infrastructure Grant Program in support of upgrades to the Greater Vernon Museum and Archives, for a maximum total project cost of $200,000; and further, That a funding commitment of up to $100,000 be provided for upgrades to the Greater Vernon Museum and Archives, to support the Western Economic Diversification Canada 150 – Community Infrastructure Program grant application, with the monies to be budgeted in the 2016 Greater Vernon Parks, Recreation and Culture budget. CARRIED Canada 150 – Community Infrastructure Grant Program – Artificial Turf Moved and seconded by Directors Cunningham and Macnabb That a funding application be submitted to the Western Economic Diversification Canada 150 – Community Infrastructure Grant Program in support of the replacement of the artificial turf in the Vantage One Soccer Centre for a maximum total project cost of $300,000; and further, That a funding commitment of up to $150,000 be provided for the replacement of the artificial turf in the Vantage One Soccer Centre to support the Western Economic Diversification Canada 150 – Community Infrastructure Program grant application, with the monies to be budgeted in the 2016/2017 Greater Vernon Parks, Recreation and Culture budget. CARRIED Page 3 of 135 Board of Directors Minutes – Regular -4- BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item B.1 June 3, 2015 Air Quality Moved and seconded by Directors Dirk and Cunningham That a Committee of the Whole meeting be scheduled to determine which jurisdictions would be interested in establishing an Air Quality Service. CARRIED Fortune Parks – Waiver of Parks Development Cost Charges Moved and seconded by Directors McCune and Halvorson That the Parks Development Cost Charges for Phase 2 of the Enderby Memorial Terrace supportive housing project be waived. CARRIED UBCM – 2015 Convention [September 21 – 25, 2015] Discussion ensued regarding the Union of British Columbia Municipalities – 2015 Convention. Canada Day Grant Moved and seconded by Directors Dirk and Lord That $2,000 be contributed from the Chair’s Discretionary Fund to the Vernon Canada Day Committee in support of the 2015 Canada Day celebrations; and further, That staff provide an accounting of the Chair’s Discretionary Fund. CARRIED Opposed: Directors Cameron, Brown, Halvorson, Fleming, Fairbairn, Acton, Fowler, McCune and Macnabb Moved and seconded by Directors Cunningham and Mund That staff be directed to report regarding the establishment of a service to provide funding for Canada Day celebrations. CARRIED REPORTS Standing and Select Committees Moved and seconded by Directors Fleming and Cameron That the minutes of the following meetings be received for information: − Greater Vernon Advisory Committee – Special – May 14, 2015 (unadopted) − White Valley Parks and Recreation and Culture Advisory Committee – Regular – May 19, 2015 (unadopted) − Greater Vernon Advisory Committee – Special – May 21, 2015 (unadopted) CARRIED External Committee Reports Directors provided updates for the following external committees: – Okanagan Basin Water Board (OBWB) – Southern Interior Beetle Action Coalition (SIBAC) Page 4 of 135 Board of Directors Minutes – Regular -5- BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item B.1 June 3, 2015 Chief Administrative Officer’s Report The Chief Administrative Officer provided an update on the following: − Shuswap Boating Regulations − Together Shuswap Committee Invitation – 6th Annual Retreat – June 10, 2015 − Challenge and charitable event participation requests will be posted on the Ajax site as received IN CAMERA Moved and seconded by Directors Cunningham 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), (j) and (k) of the Community Charter. CARRIED The regular meeting of the Board of Directors adjourned to meet In Camera at 5:34 p.m. The regular meeting of the Board of Directors reconvened at 5:44 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 5:44 p.m. CERTIFIED CORRECT Chair Rick Fairbairn Deputy Corporate Officer Paddy Juniper Page 5 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item D.1 March 12, 2015 Board of Directors Regional District of North Okanagan 9848 Aberdeen Road Coldstream, B.C. V1B 2K9 Re: Designated annual work window for milfoil control in North Kalamalka Lake Chair Fairbairn and Directors, The Okanagan Basin Water Board is mandated to conduct milfoil control operations on behalf of Okanagan local governments. The program treats all five major Okanagan lakes, using three full-time staff and specialized heavy equipment. The program has become highly efficient, minimizing manpower and costs over its 40 year history. These operations are subject to strict environmental work windows, and can also be severely affected by changing weather conditions, maintenance and manpower issues. One of our primary work areas during the winter is a 1.3 km stretch of shoreline encompassing all of Kal beach and down the east side of the Kalamalka Lake to the Summertree neighbourhood off Kidston Road. This area is subject to a federal fisheries work window, of October 15th to April 1st, and the rototilling machine and operator must divide their time between Kalamalka and Wood Lake. In years when Wood Lake freezes, the only viable work window for Kalamalka Lake generally occurs between December 1st and March 1st. It takes a minimum of 6 weeks to treat the area, with 8 weeks being preferable. Over the past few years, Greater Vernon Water has determined that our winter rototilling in this area creates increased turbidity, lasting between several hours and several days at the Kalamalka Lake water intake. In order to mitigate any negative effect on water quality, while allowing OBWB to consistently treat the milfoil in the area, we request that unless there is a specific reason that the Duteau Creek intake cannot be used, GVW provides OBWB an annual window from December 1 to January 31 to conduct our winter rototilling in north Kalamalka Lake. As part of this agreement, OBWB will continue to notify GVW in advance of starting work in the area, and upon completing work, to minimize the time spent drawing water from the alternate source. Our Office and Project Manager, James Littley will be available to meet with your staff to work out any further details. He can be contacted at 250-469-6270 or [email protected] Sincerely, Doug Findlater Chair Page 6 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 14-0088-D-OR TO: Board of Directors FROM: Planning Department DATE: June 5, 2015 Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637 [Leitrim Contracting Ltd. c/o O’Rourke] SUBJECT: RECOMMENDATION: That following consideration of comments received at the Public Hearing, Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2636, 2014 which proposes to change the land use designation of a +1.48 ha portion of the property legally described as District Lot 628, ODYD, and located at 1021 Trinity Valley Road, Electoral Area “D” from Large Holdings and Agricultural to Commercial be given Third Reading; and further, That following consideration of comments received at the Public Hearing, Rezoning Bylaw No. 2637, 2014 which proposes to rezone a +1.48 ha portion of the property legally described as District Lot 628, ODYD, and located at 1021 Trinity Valley Road, Electoral Area “D” from the Large Holding (L.H) Zone to the Recreation Commercial (C.5) Zone be given Third Reading. BACKGROUND: This report relates to an application to amend the Official Community Plan (OCP) land use designation of a +1.48 ha portion of the property located at 1021 Trinity Valley Road from Large Holdings and Agricultural to Commercial and to rezone that same +1.48 ha portion of the property from Large Holding (L.H) to Recreation Commercial (C.5). If approved, the applicant proposes to develop a private long range shooting facility including a parking area and a building that would contain six (6) shooting stations. The application was considered by the Board of Directors at the Regular Meeting held on July 16, 2014 at which time the Board gave First Reading to the OCP and Zoning Amendment Bylaws. The Board also resolved that a Public Hearing for the OCP and Zoning Amendment Bylaws associated with the application not be held until: 1. the Regional District receives comments on the proposed development from the Royal Canadian Mounted Police; and 2. testing of the sound levels emitted by firearms typical of those to be utilized at the shooting range has been undertaken by the applicant in consultation with Regional District staff to determine sound levels measured at varying distances from the point of discharge; and 3. the applicant has held a Public Information Meeting in accordance with the Public Information Meeting Guide. Page 7 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637 (Leitrim Contracting Ltd. c/o O’Rourke) Report to Board of Directors – June 5, 2015 Page 2 The Board also resolved that Final Adoption of the Bylaws be withheld until: 1. a covenant has been registered on the title of the subject property that would restrict the use of the proposed Recreation Commercial (C.5) zoned area to that of a shooting range facility, including a shooting range, shooting building, parking area, cabins and office; and 2. the Regional District receives notification that the proposed shooting range facility conforms with Sections 4(2) or 4(3) of the Riparian Areas Regulation. In follow up to the Board’s direction the applicant submitted information in response to the requirements of the Board’s July 16, 2014 resolution. At the Regular Meeting of the Board of Directors held on May 5, 2015, the Board gave Second Reading to Electoral Areas “D” and “E” OCP Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637. The Board also resolved that a Public Hearing for Bylaw Nos. 2636 and 2637 be withheld until testing of sound levels emitted by firearms typical of those to be utilized at the shooting range has been undertaken by the applicant and Regional District staff utilizing the Regional District’s sound level meter. The Board further resolved that Final Adoption of the Bylaws be withheld until: 1. a covenant has been registered on the title of the subject property that would restrict the use of the proposed Recreation Commercial (C.5) zoned area to that of a shooting range facility, including a shooting range, shooting building, parking area, cabins and office; and 2. the Regional District receives notification that the proposed shooting range facility conforms with Sections 4(2) or 4(3) of the Riparian Areas Regulation; and 3. the Regional District receives confirmation that the RCMP have conducted a follow-up inspection and granted approval for the proposed shooting range. Sound Level Tests In follow up to the Board’s direction, staff completed a site inspection and took sound measurements on May 18, 2015. A report regarding the results of the sound levels was provided to the Board at the Regular Meeting of June 3, 2015. The report summarized staff’s confirmation that sound levels emitted by firearms used at the proposed shooting range are below the permitted sound levels listed in RDNO Noise Regulation Bylaw No. 2581. The Board resolved to receive the report for information. After the sound testing was conducted and prior to the date of this report, the Planning Department received three emails from property owners in the vicinity of Trinity Valley Road requesting information about the above noted sound tests. In response, the Planning Department advised the property owners that there will be a Public Hearing for the proposed gun range on June 17, 2015 at 4:00 pm in the Boardroom at the Regional District Office and that the Public Hearing will be advertised in the Morning Star issues of June 10 and 12 and in the Lumby Valley Times issue of June 12. The owners were advised that they could have their letters submitted for the Public Hearing record or they could resubmit a different letter or attend and speak at the Public Hearing. The owners were also provided a copy of the above noted report regarding the results of the sound levels. DISCUSSION: The applicant has submitted a Development Notification Certificate which confirms that on June 1, 2015, a Development Notice was posted on the subject property in accordance with the Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008. The Public Hearing for the application and associated Bylaw has been advertised in the local newspapers and the adjacent land owners have been notified by letter of the Public Hearing, all in accordance with the Regional District Development Application Procedures and Administrative Fees Bylaw and the provisions of the Local Government Act. Page 8 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637 (Leitrim Contracting Ltd. c/o O'Rourke) Page 3 Report to Board of Directors- June 5, 2015 As the applicant has satisfied all conditions required to be met prior to a. Public Hearing, it is recommended following consideration of comments received at the Public Hearing, Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2636, 2014 and Rezoning Bylaw No. 2637 be given Third Reading. In regards to the conditions of Final Adoption it is noted that the Regional District has received notification that the proposed shooting range facility conforms with Sections 4(2) or 4(3) of the Riparian Areas Regulation. In accordance with the above noted Board resolutions, Final Adopted will be withheld until: 1. a covenant has been registered on the title of the subject property that would restrict the use of the proposed Recreation Commercial (C.5) zoned area to that of a shooting range facility, including a shooting range, shooting building, parking area, cabins and office; and 2. the Regional District receives confirmation that the RCMP have conducted a follow-up inspection and granted approval for the proposed shooting range. SUMMARY: This report relates to an application to change the Official Community Plan (OCP) land use designation of a ±1.48 ha portion of the property located at 1021 Trinity Valley Road from Large Holdings and Agricultural to Commercial and to change the zoning of that portion of the subject property from Large Holding (L.H) Zone to the Recreation Commercial (C.5) Zone to facilitate development of a long range shooting facility including a parking area and a building that would house six (6) shooting stations. As the applicant has satisfied all conditions required to be met prior to a Public Hearing, it is recommended that following consideration of comments received at the Public Hearing, Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2636, 2014 and Rezoning Bylaw No. 2637 be given Third Reading and that in accordance with the Board's previous resolutions, Final Adopted be withheld until: 1. a covenant has been registered on the title of the subject property that would restrict the use of the proposed Recreation Commercial (C.5) zoned area to that of a shooting range facility, including a shooting range, shooting building, parking area, cabins and office; and 2. the Regional District receives confirmation that the RCMP have conducted a follow-up inspection and granted approval for the proposed shooting range . Reviewed by: Submitted by: I Endorsed by: . Approveq fd{ 1 Rob Smailes, MCIP, RPP General Manager, Planning and Building Page 9 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 4000.10 TO: Board of Directors FROM: John Friesen, Bylaw Enforcement Officer DATE: May 20, 2015 SUBJECT: Sound Level Tests – Proposed Shooting Range – 1021 Trinity Valley Road, Electoral Area “D” RECOMMENDATION: That the report dated May 20, 2015 from the Bylaw Enforcement Officer regarding a Sound Assessment of the proposed shooting range located at 1021 Trinity Valley Road, Electoral Area “D” be received for information. BACKGROUND/HISTORY: Electoral Areas “D” and “E” OCP Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637 At the Regular Meeting of May 6, 2015, the Board gave Second Reading to Electoral Areas “D” and “E” OCP Amendment Bylaw No. 2636 which proposes to amend the land use designation of a +1.48 ha portion of the above noted property on the Electoral Areas “D” and “E” Official Community Plan from Large Holdings and Agricultural to Commercial. At that same meeting, Second Reading was also given to Rezoning Bylaw No. 2637 which proposes to rezone the same portion of the above noted property from the Large Holdings Zone [L.H] to the Recreation Commercial Zone [C.5]. The Board also passed the following resolution: That a Public Hearing for Bylaw Nos. 2636 and 2637 be withheld until testing of sound levels emitted by firearms typical of those to be utilized at the shooting range has been undertaken by the applicant and Regional District staff utilizing the Regional District’s sound level meter. This report is intended to provide the Board with the results of the sound level tests. Noise Regulation Bylaw Regional District of North Okanagan (RDNO) Noise Regulation Bylaw No. 2581, 2013 was adopted on November 20, 2013. On January 15, 2014 the RDNO received delivery of a Larson Davis SoundTrack LxT Sound Level Meter Kit, an approved sound meter as defined in the RDNO Noise Regulation Bylaw No. 2581, 2013. On March 17, 2014, RDNO staff was trained in the operation of the Larson Davis SoundTrack LxT. Page 10 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 Sound Level Tests – Proposed Shooting Range – 1021 Trinity Valley Road, Electoral Area “D” Report to Board of Directors – May 20, 2015 Page 2 DISCUSSION: On May 18, 2015, RDNO staff attended the proposed shooting range to take sound level measurements. The sound level measurements were taken from 12:00 noon to approximately 1:30 pm. The weather was sunny with a temperature of 23 oC and gusty winds ranging from 6 to 12 km/hr. To test the sound levels, six shooters were set up at six stations within the shooting range building. Test #1 was taken near the shooting range building where six shots were taken. Attached is a map showing the location of each sound level test. During each of the following four sound level tests taken from pre-determined locations, each shooter took two shots. This resulted in twelve shots fired during sound level tests 2 to 5. Each sound level test took approximately one minute. Below is a list of firearms used during the sound level tests. Sound Level Test – Shooters and Rifles Proposed Shooting Range – 1021 Trinity Valley Road Number of Shots Shooter Caliber Test 1 Test 2 Test 3 Test 4 Test 5 1 7 mm 1 2 2 2 2 2 .270 1 2 2 2 2 3 .270 1 2 2 2 2 4 .223 1 2 2 2 2 5 .308 1 2 2 2 2 6 6 mm 1 2 2 2 2 6 12 12 12 12 TOTAL Sound level test locations were pre-determined and based on staff discussions and input from local citizens that expressed concerns about the shooting range. Below is a list of sound level test locations. Sound Level Test Locations Proposed Shooting Range - 1021 Trinity Valley Road TEST Location 1 Shooting Range Building 2 East end of McQuinna Rd 3 Gravel Pit just north of 1366 Trinity Valley Rd 4 5 Lossie FSR approx. 60 meters north of Bobbie Burns Road Conn FSR approx. 500 meters south of Bobbie Burns Road Page 11 of 135 UTM 364814 5584020 362948 5582596 362805 5584012 362775 5587241 366010 5587317 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 Sound Level Tests – Proposed Shooting Range – 1021 Trinity Valley Road, Electoral Area “D” Report to Board of Directors – May 20, 2015 Page 3 During each sound level test, sound was measured with an approved sound meter over a time interval of approximately one minute. This is consistent with Noise Regulation Bylaw No. 2581, 2013. The sound level meter was mounted on a tripod between 1.2 to 1.5 meters above the ground and at least 3 meters from reflecting surfaces such as building, walls, parked vehicles and billboards. The sound level meter was calibrated immediately before test #1 and test #3. Leq or “equivalent continuous sound pressure level” means that constant or steady sound level, averaged over a specified time period. The Leq noise or equivalent continuous noise level meter follows all the fluctuations, stores them in it’s memory and at the end of the measurement calculates an “average energy” or Leq value. Sound Level Test Results Proposed Shooting Range – 1021 Trinity Valley Road Test Duration (min.) Leq Comments 1 1:00.4 43.0 dBA Six shots per minute. 2 1:02.0 39.3 dBA 3 1:00.4 52.9 dBA Head rig from sawmill was operating, no gun shots registered on sound meter. 4 0:55.2 41.5 dBA Jet flew over and crow was cawing. 5 0:52.2 40.6 dBA Birds 6 1:01.1 34.1 dBA Ambient Sound at Test #5 location. During sound level test #3 the only sound measured was the sound generated by the head rig located at 1329 Trinity Valley Road. The rifle shots could not be detected on the sound meter due to the sound level generated by the sawmill. During sound level test #4 the sound measurements were influenced by a jet and cawing crow. Some examples of noise sources with a decibel level of 40 dBA are libraries, bird calls and urban ambient sound. Sleep disruption may begin at 30 dBA. The proposed zoning for the proposed shooting range is Recreation Commercial Zone (C.5) which is an Intermediate Sound Source Zone. The surrounding properties are within the Quiet Sound Receiver Zone. The following table shows the permitted sound level ratings by zones. Page 12 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 Sound Level Tests- Proposed Shooting Range- 1021 Trinity Valley Road, Electoral Area "D" Report to Board of Directors- May 20, 2015 Page4 SUMMARY OF PERMITTED OUTDOOR SOUND LEVELS BY ZONE Noise Regulation Bylaw No. 2581, 2013 Sound Receiver Zone Quiet Sound Source Zone Intermediate Activity Day Night Day Night Day Night Quiet 55 dBA 65 dBC 45 dBA 55dBC 60dBA 70dBC 50dBA 60 dBC 70dBA 80 dBC 70 dBA 80 dBC Intermediate 60dBA 70 dBC 50 dBA 60dBC 60dBA 70dBC 50dBA 60dBC 70 dBA 80 dBC 70dBA 80 dBC Activity 60 dBA 70dBC 50dBA 60 dBC 65dBA 75 dBC 55 dBA 65 dBC 70 dBA 80 dBC 70 dBA 80dBC The sound measurements taken on May 18, 2015 confirm that the sound levels emitted by firearms used at the proposed shooting range are below the permitted sound levels listed in RDNO Noise Regulation Bylaw No. 2581, 2013. According to the applicant, the firearms used during the sound level tests are typical of those to be utilized at the proposed shooting range. Public Hearing- Electoral Areas "D" and "E" OCP Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637 Following the site visit of May 18, 2015, staff sent the applicant a letter on May 20, 2015 advising the applicant and the above noted Bylaws may now be forwarded to a Public Hearing. In order to advance the Bylaws to a Public Hearing, the applicant is now required to post a notice on the subject property. The specifications for this notice were also provided to the applicant. As of the date of this report, a Public Hearing has not yet been scheduled. SUMMARY: At the Regular Meeting of May 6, 2015, the Board directed staff to test sound levels emitted by firearms typical of those to be utilized at the proposed shooting range located at 1021 Trinity Valley Road, Electoral Area "D" and to prepare a report showing the results of the test. Staff have prepared the requested report and recommend the report be received for information. Submitted by: c Reviewed by: fiAA -=-~~ GregR~y John Friesen Bylaw Enforcement Officer \ Deputy Planning Manager I ~-ppr ved or Inclusion: Endorsed by: ~ ) Rob ma1les, MCIP, RPP General Manager, Planning and Building Page 13 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 Proposed Shooting Range Sound Level Test Sites - May 18, 2015 1: 25,000 1,270.0 NAD_1983_UTM_Zone_11N © Regional District of North Okanagan 0 635.00 0 1,270.0 Meters This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Page 14 of 135 Date and Time Printed: 5/22/2015 8:26 AM THIS MAP IS NOT TO BE USED FOR NAVIGATION BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 REGIONAL DISTRICT of NORTH OKANAGAN PLANNING DEPARTMENT INFORMATION REPORT OFFICIAL COMMUNITY PLAN / REZONING APPLICATION DATE: May 13, 2014 FILE NO.: 14-0088-D-OR APPLICANT: Leitrim Contracting Ltd. c/o Mike & Wendy O’Rourke LEGAL DESCRIPTION: District Lot 628, ODYD P.I.D.# 003-947-611 CIVIC ADDRESS: 1021 Trinity Valley Road PROPERTY SIZE: 129.5 ha SERVICING: On-site water well and sewage disposal A.L.R. 55.6 ha in the ALR PRESENT ZONING: Large Holding (L.H) PROPOSED ZONING: Large Holding (L.H) and Recreation Commercial (C.5) PRESENT O.C.P. DESIGNATION: Large Holdings, Agricultural, and Non-Urban PROPOSED O.C.P. DESIGNATION: Large Holdings, Agricultural, Non-Urban, and Commercial PROPOSED USE: Shooting range including a building and parking lot RECOMMENDATION: That the application to amend the Electoral Areas “D” and “E” Official Community Plan land use designation and the zoning of a +1.48 ha portion of the property located at 1021 Trinity Valley Road, Electoral Area “D” from Large Holdings and Agricultural to Commercial be supported in principle and staff be directed to prepare an Official Community Plan Amendment Bylaw and a Zoning Amendment Bylaw for First Reading only; and further Page 15 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 OCP/RZ Application 14-0088-D-OR (Leitrim Contracting Ltd. - O'Rourke) Page 2 That a Public Hearing not be held until: 1. the Regional District receives comments on the proposed development from the Royal Canadian Mounted Police; and 2. testing of the sound levels emitted by firearms typical of those to be utilized at the shooting range has been undertaken by the applicant in consultation with Regional District staff to determine sound levels measured at varying distances from the point of discharge; and 3. the applicant has held a Public Information Meeting in accordance with the Regional District’s Public Information Meeting Guide; and further That Final Adoption of the Bylaws be withheld until: 1. a covenant has been registered on the title of the subject property that would restrict the use of the proposed Recreation Commercial (C.5) zoned area to that of a shooting range facility, including a shooting range, shooting building and parking area; and 2. the Regional District receives notification that the proposed shooting range facility conforms with Sections 4(2) or 4(3) of the Riparian Areas Regulation. BACKGROUND: This report relates to an application for an amendment to the Official Community Plan (OCP) land use designation and zoning of the property located at 1021 Trinity Valley Road in Electoral Area “D”. The applicants are proposing to develop a private “long range” shooting facility including a parking area and a building that would house six (6) shooting stations. The shooting range is proposed to be located on a portion of the property that is located within the Agricultural Land Reserve. In July 2013, the ALC approved the application subject to the following conditions: 1. The shooting range facility must be contained within the area of the property proposed in the application. Any expansion of the facilities and/or area of use are forbidden without the approval of the ALC. 2. The use must not significantly impact any adjacent agricultural properties that lie within the ALR. The Commission reserves the option to address any farm related issues from adjacent properties within the ALR. 3. All standard regulations and safety conditions are adhered to in relation to the proposal. To facilitate development of the proposed shooting range facility, the land owners have now applied to change the OCP land use designation of a 1.48 ha portion of the property from Large Holdings and Agricultural to Commercial and to rezone this portion of the property from Large Holding (L.H) to Recreation Commercial (C.5). Site Context The subject property is located at the 5 km mark of Burnyeat Forest Service Road which connects to Trinity Valley Road. Several internal private roadways run through the property. A tributary of Trinity Creek crosses diagonally though the property from the northeast to the southwest with several smaller creeks connecting into this tributary. Four ponds are located near Burnyeat Road near the middle of the property. The property is mostly logged and cleared range lands with the exception of the ravine/watercourse areas. The property is currently used as range land for the cattle of an adjacent land owner. The subject property has several sloped areas with some particularly steep slopes in the south and east portions. Page 16 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 OCP/RZ Application 14-0088-D-OR (Leitrim Contracting Ltd. - O'Rourke) Page 3 The subject and surrounding properties are zoned Large Holding (L.H). The westerly portion of the subject property is in the ALR and is designated as Agricultural in the Official Community Plan while the easterly portion is not within the ALR and is designated as Large Holdings. A 1.45 ha triangular area at the southeast corner of the subject property is designated Non-Urban and is outside of the ALR. The properties to the west and northwest are in the ALR and are designated as Agricultural in the OCP. The properties to the south and southeast are not within the ALR and are designated as Resource in the OCP. The properties to the southwest and northeast are not within the ALR and are designated as Large Holdings in the OCP. The following orthophoto of the subject and surrounding properties was taken in 2007. Trinity Valley Road NON-ALR ALR The Proposal The applicants are proposing to use +1.48 ha of the subject property for a private shooting facility which would include a parking area, long distance shooting range and shooting building. The shooting facility would be located off an internal roadway in the mid portion of the property. The parking area is proposed to measure approximately 37 m by 24 m. An existing farm building is proposed to be converted to the shooting building which would house six (6) shooting stations. The applicant has explained that at any given time there may be one to two instructors plus a maximum of twelve people present who would alternate between shooting and spotting. From the north side of the shooting building, the range would extend from the southwest to the northeast along a ravine and would measure approximately 939 m by 15 m. Page 17 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 OCP/RZ Application 14-0088-D-OR (Leitrim Contracting Ltd. - O'Rourke) Page 4 The applicant has explained that while the existing farm building does not have plumbing, a “porta-potty” would be made available until a more permanent on-site waste disposal system is deemed necessary (i.e. septic system). OFFICIAL COMMUNITY PLAN: The Electoral Areas “D” and “E” Official Community Plan designates the land use of the subject property as Large Holdings, Agricultural, and Non-Urban. The application proposes to redesignate a +1.48 ha portion of the subject property to Commercial to accommodate the area of the proposed shooting range, shooting building and parking lot. The area proposed for redesignation corresponds to the area approved for non-farm use by the Agricultural Land Commission in 20131. The following Official Community Plan Policies and Development Permit designations apply with respect to this application: Commercial Policies 1. Recreation Commercial uses may be permitted at suitable locations subject to a successful OCP Amendment and Rezoning Application and the following conditions: a. sewage disposal, water supply, drainage and access shall meet the requirements of the authority having jurisdiction and any additional requirements of the Regional Board; b. the proposed use shall not adversely affect the environment or adjacent land uses; c. the site should be outside of the Agricultural Land Reserve unless prior approval has been obtained from the Land Reserve Commission; and d. All OCP Amendment applications for Commercial uses shall be subject to a Public Information Meeting to be hosted in the community by the applicant prior to scheduling of a Public Hearing. 2. In accordance with Development Permit Sections of this Plan, land designated as Commercial, including resort developments, is also designated as a Commercial Development Permit Area in order to establish requirements respecting the form and character of development. Development Permit Areas Tributary watercourses of Trinity Creek are present on the subject property. All lands within 30 m of these tributaries are identified as being within a Riparian Development Permit Area (also referred to as the Riparian Assessment Area). A Development Permit in this regard would be required where development or land alterations are proposed within the 30 m Riparian Assessment Area. The proposed development may be exempt from the need to obtain a Riparian Area Development Permit if: 1. no modifications are proposed within the Riparian Assessment Area and a Section 219 covenant has been registered on the Title of the property restricting development within the Riparian Area and it has been deemed that a sufficient building envelope, suitable building site and sewage disposal area can be provided outside of the Riparian Area; or 2. a letter is provided by a Qualified Environmental Professional confirming that there is no watercourse or riparian area as defined in the Riparian Areas Regulation. 1 Agricultural Land Commission, File # 53212, Resolution # 258/2013, July 17, 2013. Page 18 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 OCP/RZ Application 14-0088-D-OR (Leitrim Contracting Ltd. - O'Rourke) Page 5 All properties that are currently, or become zoned for Commercial uses will require a Commercial Development Permit prior to subdivision of land, or construction of, addition to, or alteration of a building or other structure. It is the Regional District’s objective to maintain the attractive rural setting and visual quality within the Electoral Areas and to ensure that the form and character of commercial developments are appropriately integrated into this rural setting and coordinated with existing developments in these areas. A Commercial Development Permit may not be required if the proposed development consists only of: 1. minor additions to a building or structure provided the addition or alteration conforms to all the requirements of the Zoning Bylaw and does not require additional parking stalls and promotes the attractive natural setting and visual quality of the Electoral Area; 2. interior renovations that do not affect the exterior of the building, and the repair or replacement of roofing, or painting; or 3. construction, including alterations and additions, to accessory buildings which will not be visible from an adjacent public road right-of-way, adjacent park, or adjacent residential property, provided that the proposal requires no variance(s) from the Zoning Bylaw, no assessment under the Riparian Areas Regulation and no approval from the appropriate provincial ministry or agency. ZONING BYLAW: The 129.5 ha subject property is currently zoned Large Holding (L.H) and the application proposes to rezone a +1.48 ha portion of the property to Recreation Commercial (C.5) to accommodate the development of a shooting range, shooting building, and the parking area. Permitted Uses Uses permitted in the Large Holding (L.H) zone include bed and breakfast uses, boarding house uses, fruit and produce pickers’ cabins and work force housing units, home occupations, public parks and playgrounds, resource use, rapid infiltration and spray irrigation of treated effluent, limited and intensive agricultural use, community care facilities, veterinary clinics, wineries and cideries, single and two family dwellings, ancillary dwellings and manufactured homes. The uses permitted in the Recreation Commercial (C.5) zone include a shooting range and clubhouse facilities, accommodation (including an owner/operator/employee dwelling), temporary accommodation, entertainment and recreation facilities, food service, water storage and bulk distribution facilities on same lot as water source, retail sales, rapid infiltration and spray irrigation of treated effluent, seasonal use, and service and repair including RV storage, servicing and rental, service stations, and taxidermists. Parking and Loading Section 1101 of the Zoning Bylaw requires that parking be provided on site to accommodate the intended use and that such parking must be paved, curbed and drained. The number of parking spaces required for the proposed shooting facility would be one (1) per shooting station plus one (1) per two (2) employees. Page 19 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 OCP/RZ Application 14-0088-D-OR (Leitrim Contracting Ltd. - O'Rourke) Page 6 Floodplain Specifications Section 1701 of the Zoning Bylaw requires that the underside of any floor system or the top of any pad supporting any space or room used for dwelling purposes, business or the storage of goods that are susceptible to damage by floodwater, must be above the Flood Construction Level, which, with respect to the subject property would be 1.5 m above the Natural Boundary of any adjacent watercourse. A floodplain setback of at least 15 m from the Natural Boundary of a watercourse is also required under Section 1701. Riparian Area Regulation Unless a lesser setback is determined by a Qualified Environmental Professional (QEP) or an approval is granted by the Ministry of Environment and Department of Fisheries and Oceans, no development would be permitted within 30 m of the high water mark of a watercourse. REGIONAL GROWTH STRATEGY: Regional Growth Strategy Bylaw No. 2500, 2011 designates the subject property as a Rural Protection Area. The following definition has been provided for the Rural Protection Area: “RURAL PROTECTION AREAS: are areas that will not have access to water and sewer infrastructure, consist of large lot sizes and are associated with rural uses. Rural Protection Areas are intended to provide for a variety of rural land uses, including low density rural residential development, natural resources, and agricultural and existing small scale neighbourhood commercial uses. Rural Protection Areas help protect rural landscapes and agricultural lands, prevent unsuitable urban development and densities, limit water and sewer infrastructure extensions beyond the Rural Protection Boundary and maintain rural lifestyle options. Natural lands, open spaces, agricultural lands and environmentally sensitive lands that are unsuitable for residential development are included within the Rural Protection Areas. Rural developments around drinking water sources and reservoirs should be restricted to protect water quality and quantity.” The Regional Growth Strategy outlines the regional policies that are to be considered by the Board of Directors when reviewing an OCP/Rezoning Amendment application. The following policies apply with respect to this application: UC‐2.1: designate Rural Protection Boundaries, consistent with the Regional Growth Strategy, within Official Community Plans for the purpose of protecting lands within the Rural Protection Area. Lands designated as Rural Protection Areas are intended to accommodate low density development on larger (1 hectare and greater) parcels of land that are not serviced with both community water and sewer systems. UC-2.5: designate lands as Rural Protection Areas: This designation will protect, and at the same time enhance, the rural landscape by encouraging development that is compatible with the rural character of the North Okanagan. AG-2.2: develop policies that minimize the development footprint on agricultural lands. Page 20 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 OCP/RZ Application 14-0088-D-OR (Leitrim Contracting Ltd. - O'Rourke) Page 7 NOISE BYLAW: Noise generated by the shooting range would be subject to the Regional District’s Noise Regulation Bylaw No. 2581. The Noise Bylaw specifies permitted sound levels which may be generated and received within particular zones. Under Bylaw No. 2581, the Recreation Commercial (C.5) zone is defined as an “Intermediate Zone” whereas the surrounding lands zoned Large Holding (L.H) are defined as a “Quiet Zone”. Sound generated within an Intermediate Zone and received within a Quiet Zone would be limited to 60 dBA / 70 dBC2 during the daytime (7 AM to 10 PM Monday – Saturday, 10 AM to 10 PM Sundays or holidays). PLANNING ANALYSIS: As directed by the Board of Directors, applications for OCP amendments are to be considered in batches so that the cumulative effect they will have on the area and its character can be better analyzed. The subject application is one of two OCP amendment applications received since November 2013 for Electoral Area “D”. The second OCP amendment application, received on November 18, 2013, is a proposal to redesignate a 2.0 ha property on Birch Road, just north of Lumby, from Non-Urban to Small Holdings to facilitate rezoning and subdivision to create one additional lot. Staff have prepared reports for both OCP amendment applications such that they may be considered concurrently by the Board of Directors. Approval of these OCP amendment applications may ultimately lead to an incremental increase in traffic on Lumby Mabel Lake Road as generated by the future users of the shooting range and the proposed creation of one additional lot on Birch Road. The shooting range would also contribute an incremental increase in traffic on Trinity Valley Road. Overall, the combined impact of the two proposed developments on the quality of life of residents in Electoral Area “D” and the demand on services is considered minor. The Board of Directors previously considered the land owner’s request to develop a shooting range when the ALC non-farm use application was presented at the Regular Meeting of the Board of Directors held April 17, 2013. At that time the application was authorized to proceed to the ALC and the Commission subsequently approved the application in July 2013. The Planning Department recommends that the Bylaws related to this application to change the Official Community Plan land use designation and to rezone the subject property be prepared for First Reading only. Staff suggest this application warrants further consideration given the recognized potential for the applicant to satisfactorily address OCP Policies related to: the provision of adequate sewage disposal, water supply and access; not adversely affecting the environment or adjacent land uses; developing the land in accordance with the above noted approval of the ALC; and holding a public information meeting. It is anticipated that noise generated by the shooting range may be of concern to residents living nearby. The nearest residence is approximately 1 km to the west of the proposed shooting range and additional residences are located approximately 1.5 to 2.5 km to the west and 2 dBA and dBC refer to the units used to measure the sound pressure level using either the “A” or “C” weighting network settings on an approved sound meter (as defined in Bylaw No. 2581). Page 21 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 OCP/RZ Application 14-0088-D-OR (Leitrim Contracting Ltd. - O'Rourke) Page 8 southwest along Trinity Valley Road and McQuinna Road. Approximately 3 to 4 km to the north there are a few residences along Bobbie Burns Road. At a greater distance, there are residences along Albers Road which is approximately 9 to 10 km to the south. An extensive area of mountainous Crown Land lies to the east of the subject property. Research by staff indicates that firing a rifle emits sound pressure levels of 160 dB to 170 dB+. Containing the discharge of firearms to within the proposed shooting building may help to attenuate noise levels while topography, forested areas, and constructed berms may further help to mute the intensity of noise heard off-site. Using an online sound attenuation calculator it is estimated that at a distance of 1000 m from the sound source, a 170 dBA sound may be attenuated by 65 to 71 dBA bringing the sound level down to the range of 99 dBA to 105 dBA. At a distance of 2000 m, a 170 dBA sound may be reduced to a range of 93 dBA to 99 dBA. While these findings are generalized and subject to many variables, it does provide an indication of potential sound intensity as it may be heard from nearby residences. In the event there are complaints regarding noise from the shooting range, the Regional District’s Bylaw Enforcement Officers are equipped to take measurements of the sound levels for evaluation against the limits set by Noise Regulation Bylaw No. 2581. The property is sufficiently large that a suitable location is likely to be found for on-site septic sewage disposal in the event washroom facilities are planned in conjunction with the proposed shooting range facility. As well, the size and characteristics of the site suggest that an on-site source of potable water is also likely to be located. Subject to compliance with the Riparian Areas Regulation, it is anticipated that the shooting range and associated facilities, including parking, drainage, and access, can be developed in a manner which would generally present a low risk to the environment. Prior to authorizing the Bylaws to be presented at a Public Hearing, it is recommended that the Board of Directors consider comments from the RCMP as the proposed shooting range requires the approval of the Chief Firearms Officer of the RCMP. It is also recommended that the applicant be required to test the sound level of rifle shots from off-site locations in consultation with RDNO staff and to hold a Public Information Meeting in accordance with OCP Policy. To address the above noted OCP Policies and to ensure that the proposed development complies with the Provincial Riparian Areas Regulation, it is recommended that prior to consideration of Final Adoption of the Bylaws, the Regional District receive confirmation that the proposed development conforms with Sections 4(2) or 4(3) of the Riparian Areas Regulation. Lastly, should the Bylaws proceed, it is also recommended that prior to Final Adoption, a covenant be registered on the title of the subject property that would restrict the use of the proposed Recreation Commercial (C.5) zoned area to that of a shooting range, shooting building and parking area. Aside from a shooting range, the C.5 zone would allow for a variety of other land uses, several of which may be considered inappropriate for the location and context of the subject property. However, given the relatively remote location of the proposed shooting range facility and by limiting the extent of the proposed C.5 zoning to the +1.48 ha area outlined on the attached site plan, most of the potential C.5 uses are unlikely to occur. Nevertheless, simply rezoning the area of the shooting range to C.5 without curtailing the potential for other Recreation Commercial uses to occur, could lead to unintended results in the future. Page 22 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 OCP/RZ Application 14-0088-D-OR (Leitrim Contracting Ltd. - O'Rourke) Page 9 Under the Zoning Bylaw, a Commercial parking area is required to be paved and to have curbing installed. Should the applicant desire a variance from this requirement a request may be made, for the consideration of the Board of Directors, through the process of a Development Variance Permit application. The applicant has provided four letters of support for the proposed shooting facility – three of which are from residents in the area of Trinity Valley Road and McQuinna Road (near the subject property) and one letter is from a resident of Lumby. Holding a Public Information Meeting in accordance with the Regional District’s guidelines would satisfy this consultation policy of the OCP. SUMMARY: This report relates to an application to amend the Official Community Plan land use designation and to rezone a portion of the property located at 1021 Trinity Valley Road (off the Burnyeat Forest Service Road) in Electoral Area “D” to permit development of a shooting range facility. The Planning Department recommends that the Bylaws be prepared for First Reading. It is suggested that prior to consideration of Second Reading of the Bylaws, any comments received from the RCMP be considered and the results of gunshot noise level testing and the applicant’s Public Information Meeting be reviewed in the event that any changes to the site plan of the shooting range are warranted. In the event the proposed Bylaws are advanced, prior to Adoption of the Rezoning Bylaw, it is recommended that confirmation of compliance with the Riparian Areas Regulation be provided and a covenant be registered on the Title of the subject property that would restrict the use of the proposed Recreation Commercial (C.5) zoned area to that of a shooting range facility. CONSULTATION REQUIREMENTS: Sections 879, 881, and 882 of the Local Government Act Section 879 of the Local Government Act states that during the amendment of an OCP, the local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected. Specifically, local governments must consider whether consultation is required with the board of any regional district that is adjacent to the area covered by the plan, the council of any municipality that is adjacent to the area covered by the plan, First Nations, school districts and Provincial and Federal governments and their agencies. Section 881 of the Local Government Act states that if a local government proposes to amend an OCP for an area that includes any part of a school district, the local government must consult with the school district board at the time of preparing or amending the OCP. Section 882(3) of the Local Government Act requires that, after First Reading, the local government consider an Official Community Plan amendment in conjunction with its Financial Plan and any applicable waste management plan. Page 23 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 OCP/RZ Application 14-0088-D-OR (Leitrim Contracting Ltd. - O'Rourke) Page 10 REFERRAL COMMENTS: The application was referred to the following agencies and staff for comments: Interior Health Authority, Ministry of Transportation and Infrastructure, Ministry of Forests and Range, Ministry of Agriculture, Agricultural Land Commission, Integrated Land Management Branch, Ministry of Environment / Ministry of Natural Resource Operations, Royal Canadian Mounted Police, Okanagan Indian Band, Splatsin First Nation, School District No. 22, Building Inspection Department, Sustainability Coordinator, Regional Growth Strategy Coordinator, and RDNO Environmental Services. Following are the comments received in response to the referral: 1. Building Inspection Department The Building Inspection Department advised they have no current or active enforcement files with this property. Building Permits or authorizations must be obtained prior to any building (washroom) construction. The applicant should provide access approval for use of the existing road located on crown land between Trinity Valley Road and the subject property. 2. Environmental Services The Environmental Services Department noted that this facility is a long distance from the Lumby Recycling and Disposal Facility and no impacts on Solid Waste Management are contemplated. 3. Agricultural Land Commission The ALC confirmed that, by Resolution #258/2013, the ALC approved a non-farm use on DL 628 for a +1.5 ha shooting range and the ALC noted that they have no objection to the proposed bylaw amendment (to Recreation Commercial) for the +1.5 ha area. 4. Ministry of Agriculture The Ministry of Agriculture commented that they do not support the OCP/Rezoning application. The application is not in the interest of agriculture – the land should remain as an Agricultural Land Use Designation. 5. Ministry of Forests, Lands, and Natural Resource Operations The Ministry noted that the proposed firearms range may require approval from the RCMP as it was their understanding that all ranges whether on Crown land or private property require such approval especially where there is insufficient containment to prevent any overshoot or ricochet into adjacent uncontrolled (in this case Crown) land. The Ministry subsequently contacted the RCMP and were advised that the RCMP will be doing an inspection to determine if an approval is possible. The Ministry noted that it does not appear from the proposal that there is confirmation that sufficient natural barriers are in place to prevent long gun overshoot or ricochet. In these cases, and where the proponent is not able to create/install berms or other infrastructure, the Firearms Officer often asks the Province to provide a letter acknowledging they are aware of the risk. Historically the province has been unwilling to provide such a letter and the Ministry indicated this is not likely to change. The Ministry suggested their response is probably best framed as “no objection subject to appropriate Shooting Range approval and addressing of overshoot/ricochet concerns”. Page 24 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 OCP/RZ Application 14-0088-D-OR (Leitrim Contracting Ltd. - O'Rourke) Page 11 The Ecosystems Section of the Ministry advised that the development of a long range shooting range in this location is considered to generally present a low risk to environmental values. However, noted in the application was reference to "dredging for ponds". Ortho photo imagery shows what appears to be several natural ponds/wetlands and small tributary streams located on the property in and about the area of interest. The applicant is to be advised that as per the Provincial Water Act, activities carried out in and about a stream requires a Section 9 Water Act Approval/Notification . Dredging of wetlands and or the alteration of streams is unlikely to be considered acceptable. Widely recognized as one of the most valuable habitats, wetland/riparian features are also one of the most threatened habitats, particularly in the southern half of B.C. For further information concerning the Water Act the property owner is directed to: http://www.env.gov.bc.ca/wsd/water rights/licence application/section9/index.html. It is the proponent's responsibility to ensure their activities are in compliance with all legislation, including the Fisheries Act, as well as with local government bylaws. 6. Okanagan Indian Band The Okanagan Indian Band acknowledged receipt of the application referral but did not provide comments on the proposed development. 7. Sustainability Coordinator The application for a long-range shooting range poses minimal sustainability considerations. Given that the Agricultural Land Commission has approved the non-farm use, and the commercial zoning is only applicable to the piece of land to be utilized by the range, not the entire lot, the changes to the land use will have minimal overall impact. An increase in traffic to the local area and associated greenhouse gas emissions could be a result of the installation of the shooting range. However, given that the range is going to operate by appointment only it is likely that this will be insignificant. The installation of a long range shooting range could result in a reduction in informal shooting in the wider area on Crown lands which can pose a safety concern to other users of Crown lands. No other comments were provided in response to the referral. Submitted by: Reviewed by: Marnie Skobalski, Planner, MCIP, RPP Deputy Planning Manager Approved for Inclusion: Endorsed by: ~~ Rob Sm , MCIP, RPP General Manager, Planning and Building f,~iA1)el~f FinancialOfficer Page 25 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 ELECTORAL AREA "D" OCP/REZONING APPLICATION SUBJECT PROPERTY MAP File: Applicant: Location: 14-0088-D-OR Leitrim Contracting Ltd. (O’Rourke) 1021 Trinity Valley Road Page 26 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 LJqlte~ &?f''~~erS ~tot ...... ? .... '1> p":~'~~~~~ P~Pe"'"t~ ( (Uo.\ter- e,()~s:l-1'\~~'t') Left 61B 32..0'\C. (1 Ti~e-) t<"~ ~~"lr<c_ ' _5~~ SlY\ Page 27 of 135 Let!~~""~- BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2636 A bylaw to amend Electoral Areas "D" and "E" Official Community Plan Bylaw No. 2485, 2011 and amendments thereto WHEREAS pursuant to Section 876 [Authority to adopt a bylaw] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, adopt one or more official community plans; AND WHEREAS the Board has enacted the “Electoral Areas "D" and "E" Official Community Plan Designation Bylaw No. 2485, 2011” and amendments thereto to provide a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan; AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to an Official Community Plan and must consider every application for an amendment to the plan; AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008” and amendments thereto to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit: AND WHEREAS the Board is desirable and expedient to amend “Electoral Areas "D" and "E" Official Community Plan Bylaw No. 2485, 2011” and amendments thereto. NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled, enacts as follows: GENERAL 1. This Bylaw may be cited as “Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2636, 2014”. 2. The Official Community Plan marked Schedule “B”, attached to and forming part of the Electoral Areas "D" and "E" Official Community Plan Bylaw No. 2485, 2011 and amendments thereto is amended by changing the land use designation of a portion of the property legally described as District Lot 628, ODYD and located at 1021 Trinity Valley Road, Electoral Area "D" from Large Holding and Agricultural to Commercial as shown on the attached Schedule 'A'. Read a First Time this 16th day of July, 2014 Bylaw 2636 considered in conjunction with the Regional District Financial Plan and Waste Management Plan this 16th day of July, 2014 Read a Second Time this 6th day of May,2015 Page 28 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 Page 2 Bylaw No. 2636, 2014 Advertised on this this 10th 12th day of day of June, 2015 June, 2015 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act on this 17th day of June,2015 Read a Third Time this day of , 2015 ADOPTED this day of , 2015 Chair Deputy Corporate Officer Page 29 of 135 Y DR O D.L. 4275 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 D.L. 4257 1181 E1/2 64.750ha D.L. 4276 D.L. 628 . 629 129.500ha D.L. 628 129.500ha SCHEDULE "A" to accompany the Regional District of North Okanagan "Electoral Areas "D" and "E" Offical Community Plan Amendment Bylaw No.2636, 2014" Area redesignated from Large Holding and Agricultural to Commercial shown ..... I hereby certify this to be a true and correct copy of SCHEDULE "A" attached to and forming part of the Regional District of North Okanagan "Electoral Areas "D" and "E" Offical Community Plan Amendment Bylaw No.2636, 2014" Dated at Coldstream, BC this _______ day of __________________ , 2014 1:10,000 __________________________ Corporate Officer Page 30 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2637 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 “Rezoning Bylaw No. 2637, 2014”. B. AMENDMENTS 1. The Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by changing the zoning of a portion of the property legally described as District Lot 628, ODYD and located at 1021 Trinity Valley Road, Electoral Area "D" from the Large Holding Zone [L.H] to the Recreation Commercial Zone [C.5] as shown on the attached Schedule 'A'. 2. That the Zoning Map, being Schedule “A” to Zoning Bylaw No. 1888, 2003 be amended accordingly. Read a First Time this Page 31 of 135 16th day of July, 2014 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 Page 2 Read a Second Time this 6th day of May, 2015 Advertised on this this 10th 12th day of day of June, 2015 June, 2015 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act this 17th day of June, 2015 Read a Third Time this day of , 2015 ADOPTED this day of , 2015 Chair Deputy Corporate Officer Page 32 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.1 D.L. 4257 1181 E1/2 64.750ha D.L. 4276 D.L. 628 L. 629 129.500ha D.L. 628 129.500ha SCHEDULE "A" to accompany the Regional District of North Okanagan "Rezoning Bylaw No.2637, 2014" Area redesignated from Large Holding Zone[LH[ to Recreation Commercial Zone [C.5] shown ..... I hereby certify this to be a true and correct copy of SCHEDULE "A" attached to and forming part of the Regional District of North Okanagan "Rezoning Bylaw No.2637, 2014" Dated at Coldstream, BC this _______ day of __________________ , 2014 1:10,000 __________________________ Corporate Officer Page 33 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 10-0497-F-OR TO: Board of Directors FROM: Planning Department DATE: May 25, 2015 Electoral Area "F" Official Community Plan Amendment Bylaw No. 2477 and Rezoning Bylaw No. 2478 [Tony’s Tire c/o Vetter] SUBJECT: RECOMMENDATION: That the referral process outlined in the Planning Department report dated May 25, 2015 be considered appropriate consultation for the purposes of Sections 879, 881 and 882 of the Local Government Act with regard to Electoral Area “F” Official Community Plan Amendment Bylaw No. 2477, 2011 which proposes to amend the land use designation of the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402 and H10220 and located at 64 Highway 97B, Electoral Area “F” from Agricultural to Country Residential; and further, That Electoral Area “F” Official Community Plan Amendment Bylaw No. 2477, 2011 which proposes to amend the land use designation of the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402 and H10220 and located at 64 Highway 97B, Electoral Area “F” from Agricultural to Country Residential, be given Second Reading and referred to a Public Hearing; and further, That Rezoning Bylaw No. 2478, 2015 which proposes to rezone the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402 and H10220 and located at 64 Highway 97B, Electoral Area “F” from the Non-Urban (N.U) zone to the Country Residential (C.R) zone be given First and Second Readings and referred to a Public Hearing. BACKGROUND: This report relates to an application to change the Official Community Plan (OCP) land use designation of the property located at 64 Highway 97B from Agricultural to Country Residential and to amend the zoning of the subject property from Non-Urban to Country Residential. If approved, the applicant is proposing to subdivide the property into two 2.0 ha lots. Application History In December 2009, the applicant applied to subdivide the 4.17 ha (10 acre) subject property to create a total of three (3) lots. In response to the subdivision referral, the Planning Department advised the Ministry of Transportation and Infrastructure (MoTI) that the proposed subdivision did not comply with 7.2 ha minimum parcel size of the Non-Urban (N.U) zone. The Ministry subsequently advised the applicant that the proposed subdivision was not approved as: approvals had not been received from Interior Health regarding on-site sewage disposal; the size of the proposed lots would not comply with the minimum parcel size requirement of the Non-Urban (N.U) zone; the lots would not be provided with access other than direct access from Hw 97B; and the land may be subject to natural hazard(s). Page 34 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 Electoral Area "F" Official Community Plan Amendment Bylaw No. 2477 & Rezoning Bylaw No. 2478 Report to Board of Directors, May 25, 2015 Page 2 In July 2010, the applicant subsequently revised their proposed three (3) lot subdivision to a two (2) lot subdivision and applied for the OCP and Zoning amendments which are the subject of this report. In response to the second subdivision referral, the Planning Department advised MoTI that the proposed subdivision did not comply with the 7.2 ha minimum parcel size of the Non-Urban (N.U) zone and that the applicant had applied to rezone the property in order to resolve this issue. At the Regular Meeting of December 8, 2010, the Board of Directors reviewed the OCP/Rezoning application and directed staff to prepare an OCP Amendment Bylaw. The Board also resolved that the applicant be required to hold a Public Information Meeting prior to further consideration of the OCP Amendment Bylaw and that a Public Hearing on the Bylaw not be held until the applicant had provided a report verifying that water of sufficient quantity and quality is available year round to service the proposed lot and that the extraction of water from the proposed water supply will not deplete the water supply of neighbouring wells. At the Regular Meeting of February 2, 2011, the Board of Directors gave First Reading to Electoral Area “F” Official Community Plan Amendment Bylaw No. 2477 and, in accordance with the Local Government Act, Bylaw No. 2477 was forwarded for review and comment to Okanagan Indian Band, Splatsin First Nation, School District No. 83, and the Regional District Chief Financial Officer and Regional Engineering Services Manager (for consideration of the Bylaw in conjunction with the Financial Plan and Waste Management Plan). In 2012 the applicant advised the Planning Department that discussions had been underway with the Ministry of Transportation and Infrastructure regarding the potential to allow left turns from Highway 97B to the property. The applicant requested that the OCP/Rezoning application be kept open as they believed a resolution to the highway access issue would be reached. In February of this year, MoTI advised the Planning Department that they were in receipt of a new subdivision layout from the applicant which included adjustments to the proposed driveway alignment and lot lines. In addition, the applicant hosted a Public Information Meeting in March 2015 and has submitted a report regarding the quantity and quality of water available to service the proposed new parcel. In this regard, the Planning Department has brought forward the OCP and Zoning Amendment Bylaws for further consideration by the Board of Directors. DISCUSSION: Public Information Meeting In follow-up to the Board’s direction, and consistent with the RDNO Public Information Meeting (PIM) Guide, the applicant held a Public Information Meeting from 3:00 to 5:00 PM on Saturday, March 21, 2015 at the Enderby Legion Hall. The applicant reports having spoken to four of the surrounding property owners in conjunction with the PIM notification process. No issues, objections, or concerns were noted by the applicant’s account of these conversations. Staff have reviewed the applicant’s PIM information which includes a list of property owners within 100 m of the subject property who were mailed notification regarding the PIM, a copy of the notification letter, copies of the newspaper ad which ran in the March 4 and March 11, 2015 editions of the Okanagan Advertiser, a sign-in sheet, mail-in comment sheet, minutes of the meeting, and copies of information made available at the meeting (site photos, plan of proposed subdivision and driveway access plan). The applicant reported that a meeting notification sign was posted on the property before the end of February. The applicant noted that information regarding the proposed OCP amendment, rezoning and subdivision was displayed at the Public Information Meeting and the three co-owners of the property were in attendance and prepared to conduct a presentation of the proposal. The applicant reports, however, that no members of the public attended the meeting. Page 35 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 Electoral Area "F" Official Community Plan Amendment Bylaw No. 2477 & Rezoning Bylaw No. 2478 Report to Board of Directors, May 25, 2015 Page 3 One mail-in comment sheet was submitted to the Regional District from a neighbouring land owner who noted that their only concerns were that there be no negative impact on either the quantity or quality of their drinking water, supplied by a spring fed well, and that Twigg Creek, which passes through their property, remain unaltered. Water Supply Report On April 30, 2015, the applicant submitted a report entitled “Surface Water Quality Assessment” prepared by Kala Geosciences Ltd. 1 which explains the applicant’s proposal to utilize South Twigg Creek, which flows through the subject property, as a drinking water source. The applicant currently holds a domestic water licence which allows for the removal of 1,000 Imperial Gallons per day from the creek. Kala contacted the Ministry of Forests, Lands, and Natural Resource Operations regarding the licence and the ability for it to be apportioned separately through subdivision. The Ministry advised Kala that the licence can be apportioned to two lots for the purpose of subdivision however a water licence amendment would be required. With respect to water quantity, Kala reports that at the time of testing (April 9, 2015), South Twigg Creek had a flow rate of 0.057 m3/second or 1,084,300 Imp. Gallons per day. In this regard, the flow rate of the creek was 1,084 times as large as the water licence rate of 1,000 Imp. Gallons per day. The Kala report does not explicitly address the Board of Directors’ direction that the applicant provide confirmation that water of sufficient quantity and quality would be available year round to service the proposed lot, nor does it confirm that the extraction of water from the proposed water supply will not deplete the water supply of neighbouring wells. However, it is to be noted that the requirement for a water report was based on the applicant’s original proposal to service the new lot with a new groundwater well. The applicant is no longer proposing to use a new well and instead is proposing to use an existing water licence. The report prepared by Kala Geosciences Ltd. notes that at the time of subdivision, the applicant must provide written confirmation that a water licence will be issued pursuant to the Water Act that authorizes on a year round basis, a minimum quantity of 2,273 litres (500 Imperial Gallons) of water per day, per parcel. As such, it would not be necessary to increase the water allocation in order to service the proposed new lot. The Regional District Subdivision Servicing Bylaw does not require licensed surface water sources to be tested to determine if water of sufficient quantity would be available year round to service the proposed lot, nor does it require testing to confirm that the extraction of water from the water supply would not deplete the water supply of neighbouring wells. In the event that any problems arise regarding water supplies originating from South Twigg Creek or domestic wells in the area, the Ministry of Forests, Lands, and Natural Resource Operations has advised the Planning Department that Section 88 of the Water Act enables the Ministry to inspect works and implement measures to resolve the concerns. Ministry officials anticipate that enactment of the Water Sustainability Act, expected to occur in 2016, will improve the process of review, approval and management of private domestic water supplies. In considering the above, the Planning Department has not requested the applicant to update the report prepared by Kala Geosciences Ltd. in order to verify the capacity of the source or the impact its use would have on neighbouring wells. Such information could however be requested by the Board if it so desires. 1 Surface Water Quality Assessment for Subdivision Purposes Regional District of North Okanagan (“RDNO”) 64 Highway 97B, Electoral Area F, Enderby, BC, Lot 1, Sec 14, Twp 19, R9, W6M, Pl 2168, Except Plan 21604, 23402, H10220, Kala Geosciences Ltd., (Kala Ref. L15023), April 29, 2015. Page 36 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 Electoral Area "F" Official Community Plan Amendment Bylaw No. 2477 & Rezoning Bylaw No. 2478 Report to Board of Directors, May 25, 2015 Page 4 With respect to water quality, Kala reports that water samples were collected from South Twigg Creek and shipped to CARO Analytical Services in Kelowna for testing of chemical, physical, and microbiological parameters. The test results indicate that water quality of the creek meets the Summary Guidelines of Canadian Drinking Water Quality 2014 (SGCDWQ-2014) for the parameters tested, with the exception of total coliforms. Kala notes that it is common that surface water is elevated with total coliforms and that the water from the creek is treatable. Kala advises that, to meet the SGCDWQ-2014, the water should be disinfected by chlorination or ultraviolet light. In accordance with the RDNO Subdivision Servicing Bylaw, if a water source (other than a community water system) is determined to be not potable, but can be treated in such a manner that it becomes potable, a Section 219 Covenant must be registered on the title of the subject property stating that an occupancy permit for a dwelling will not be issued until a suitable treatment system has been installed to ensure a potable water supply. CONSULTATION REQUIREMENTS / REFERRAL COMMENTS: Section 879 of the Local Government Act states that during the amendment of an OCP, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected. Section 881 of the Local Government Act states that if a local government proposes to amend an OCP for an area that includes any part of a school district, the local government must consult with the school district board at the time of preparing or amending the OCP. Section 882 of the Local Government Act requires that, after First Reading, the local government consider an Official Community Plan amendment bylaw in conjunction with its Financial Plan and any applicable waste management plan. In accordance with Sections 879, 881 and 882 of the Local Government Act, following First Reading of OCP Amendment Bylaw No. 2477, the Bylaw was forwarded for review and comment to various agencies and First Nations, including the Okanagan Indian Band, Splatsin, School District No. 83, and the Regional District Chief Financial Officer and Regional Engineering Services Manager. No responses have been received in conjunction with this referral process. SUMMARY: This report relates to an application to change the Official Community Plan land use designation of the property located at 64 Highway 97B from Agricultural to Country Residential and to rezone the property from Non-Urban (N.U) to Country Residential (C.R). If approved, the applicant proposes to subdivide the property into two 2.0 ha lots. The applicant has hosted a Public Information Meeting in accordance with the Regional District Public Information Meeting Guide and has submitted a report prepared by a Hydrogeologist regarding the quantity and quality of water available to service the development and the steps to be taken to ensure that the water source would be properly licensed and treated to meet safe drinking water standards. In consideration of the above, the Planning Department recommends that Electoral Area “F” Official Community Plan Amendment Bylaw No. 2477 be given Second Reading and that Rezoning Bylaw No. 2478 be given First and Second Readings and that the Bylaws be forwarded to a Public Hearing. Page 37 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 Electoral Area "F" Official Community Plan Amendment Bylaw No. 2477 & Rezoning Bylaw No. 2478 Report to Board of Directors, May 25, 2015 Reviewed by: Submitted by: L-7J~~· Mamie J. Skobalski , MCIP, RPP Planner Endorsed by: ~~~~~~p------ ning and Building Page 38 of 135 Page 5 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 ELECTORAL AREA "F" OCP/REZONING APPLICATION SUBJECT PROPERTY MAP File: Applicant: Location: 10-0497-F-OR Tony’s Tire c/o Browne Johnson Land Surveyors 64 Highway 97B REM I l'lAN 7426 Subject REM 1 PLAN 23960 A f'LAN 31730 81013 Page 39 of 135 I A Pt.A'II 3837~ BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 Sketch Plan of Proposed Subdivision of Lot 1, Sec 14, Tp 19, R 9, W6M, KDYD, Plan 2168 Except Plans 21604, 23402 and H1 0220 Scale 1:1000 BCGS 82L.065 a ~ LEGEND ~ ~ E-3E==c~E-3==~~E-3==~============~1====~======~1 Nl dlatanC88 ""' In metr.... ---·-·-·- top of ditch ---·-·-·- 3m beyond top 1m beyond top \ \ \ Rem SW1/4 Sec 14 = \ Total area of Lot 40778m'2 Total road dedication = 1402m2 Remainder of Lot = 39376m2 \ \ Total area of Lot = 40778m2 Total road dedication = 770m2 Remainder of Lot = 40008m2 \ \ 130 " 10 ...... N 0 I") r.., I I c: c 0::: \ / I I I Il I \ I I ( \ I 05 \ ~-\ I ~\ •a \ I I I j Required area for 2 lots zoned CR 2 x 20000m2 = 40000m2 \ 3(n beyond top 11om2 1~ beyond top 26m2 \ ~ , ($) \ \ / \ ----=-::~_""-. ~ "'0\ . . 0/ -& \ p;c:,;od \ ? \ \ \ 0~ \ u a> (/) ...... -~-- LLJ (/) a> 0::: / I \ E 0 ... ,..; \ 3,\, beyond?top \ 12921'Tl""" at \ op 744m2 \ \ '~OO~a 'A 1 ~-= \ \ \) I \ '- -- - \ \ / \ I \ I l \ - - 190.7 95 \ 1 .5 ~ \ .9 I" ~-o<a. \ o>o;~ \ t'::l ~ October 27, 2014 Page 40 of 135 0' ,.. BROWN£ JOHNSON LAND SURVE:YORS B. C. AND CANADA LANDS SALMON ARM, B.C. Ph.250-BJ2-9701 File: J94-14 (2J7-10) BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW NO. 2477 A bylaw to amend Electoral Area "F” Official Community Plan Designation Bylaw No. 1934, 2004 and amendments thereto WHEREAS pursuant to Section 876 [Authority to adopt a bylaw] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, adopt one or more official community plans; AND WHEREAS the Board has enacted the Electoral Area 'F' Official Community Plan Designation Bylaw No. 1934, 2004 and amendments thereto to provide a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan; AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to an Official Community Plan and must consider every application for an amendment to the plan; AND WHEREAS the Board has enacted the ”Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008 and amendments thereto“ to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit: AND WHEREAS the Board is desirable and expedient to amend “Electoral Area 'F' Official Community Plan Designation Bylaw No. 1934, 2004”. NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled, hereby ENACTS AS FOLLOWS: CITATION 1. This Bylaw may be cited as “Electoral Area “F” Official Community Plan Amendment Bylaw No. 2477, 2011”. AMENDMENTS 1. The Official Community Plan marked Schedule “B”, attached to and forming part of the “Electoral Area “F” Official Community Plan Designation Bylaw No. 1934, 2004 and amendments thereto” is amended by changing the designation of the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402 and H10220, located at 64 Highway 97B, from Agricultural to Country Residential. Read a First Time this 2nd day of February, 2011 Bylaw considered in conjunction with the Regional District Financial Plan and Waste Management Plan this 2nd day of February, 2011 Read a Second Time this day of ,2015 Page 41 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 Page 2 of 2 Bylaw No. 2477 Advertised on this this day of day of , 2015 , 2015 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act this day of , 2015 Read a Third Time this day of , 2015 ADOPTED this day of , 2015 Chair Deputy Corporate Officer Page 42 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2478 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: CITATION 1. This Bylaw may be cited as the “Rezoning Bylaw No. 2478, 2015”. AMENDMENTS 1. That the property legally described as: Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402, and H10220 and located at 64 Highway 97B, Electoral Area “F”, be rezoned from the Non-Urban Zone [N.U.] to the Country Residential Zone [C.R]. 2. That the Zoning Map, being Schedule “A” to Zoning Bylaw No. 1888, 2003 be amended accordingly. Read a First and Second Time this day of , 2015 Advertised on this this day of day of , 2015 , 2015 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act this day of , 2015 Page 43 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.2 Page 2 of 2 Bylaw No. 2478 Read a Third Time this day of , 2015 Approved by Minister of Transportation and Infrastructure (Transportation Act s. 52(3)) this day of , 2015 ADOPTED this day of , 2015 Chair Deputy Corporate Officer Page 44 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.3 REGIONAL DISTRICT of NORTH OKANAGAN PLANNING DEPARTMENT INFORMATION REPORT APPLICATION UNDER SECTION 21(2) OF THE AGRICULTURAL LAND COMMISSION ACT DATE: May 20, 2015 FILE NO.: 15-0114-C-ALR APPLICANT: Agatha & Vincent deTourdonnet c/o Michael deTourdonnet LEGAL DESCRIPTION: Lot A, Sec 12, Twp 8, ODYD, Plan KAP48707 P.I.D.# 018-032-974 CIVIC ADDRESS: 4877 Haynes Road PROPERTY SIZE: 1.81 ha (4.5 ac) SERVICING: Greater Vernon Water and on-site septic sewage disposal SOIL CLASSIFICATION: Class 3, 4 and 5 ZONING: Country Residential (C.R) O.C.P. DESIGNATION: Agricultural PROPOSED USE: Subdivision within the ALR to create one (1) additional lot PLANNING DEPARTMENT RECOMMENDATION: That the application of Agatha and Vincent deTourdonnet c/o Michael deTourdonnet under Section 21(2) of the Agricultural Land Commission Act to subdivide the property legally described as Lot A, Sec 12, Twp 8, ODYD, Plan KAP48707 and located at 4877 Haynes Road, Electoral Area “C” not be authorized for submission to the Agricultural Land Commission. BACKGROUND: This report relates to an application to the Agricultural Land Commission (ALC) to subdivide a 1.81 ha property located at 4877 Haynes Road in Electoral Area “C”. The proposed subdivision would create a +1.0 ha lot and a +0.81 ha lot. The purpose of the proposed subdivision is to create a lot for the owners’ daughter pursuant to Section 946 of the Local Government Act. As the subject property is within the Agricultural Land Reserve (ALR), approval under Section 21(2) of the Agricultural Land Commission Act is required. As the property was created through the approval of a subdivision in 1977, the proposed subdivision does not qualify for consideration under the home site severance policies of the Regional District or the ALC which may only be considered if a property has been continuously owned by the same person since prior to 1972. Page 45 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.3 Agricultural Land Commission Application 15-0114-C-ALR (Michael deTourdonnet) Page 2 Site Context and the Proposal The subject property is located at the south end and west side of Haynes Road in Electoral Area “C”. Three driveway connections provide access points to the property from Haynes Road. The east portion of the property is relatively flat and is developed with a two-family dwelling, yard and garden area. The balance of the parcel is treed and slopes down in a southwesterly direction towards BX Creek. A strip of public park adjacent to the westerly lot line separates the subject property from BX Creek. Regional District mapping indicates that Bate Creek passes from east to west near or through the southerly side of the subject property with a connection to BX Creek slightly downstream from the subject property. The subject property is zoned Country Residential (C.R), designated Agricultural in the Electoral Areas “B” and “C” Official Community Plan, and is within the ALR. Between the west lot line of the subject property and the east side of BX Creek, a narrow strip of Park land which is owned by the Regional District and is designated in the OCP as Park and is zoned Country Residential (C.R). All other adjacent properties are zoned Country Residential (C.R), designated Agricultural in the OCP, and are within the ALR. The following orthophoto of the subject and surrounding properties was taken in 2013. Page 46 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.3 Agricultural Land Commission Application 15-0114-C-ALR (Michael deTourdonnet) Page 3 The applicant proposes to subdivide the subject property into two lots (+1.0 ha and +0.81 ha) under Section 21(2) of the Agricultural Land Commission Act and Section 946 of the Local Government Act. One of lots would be vacant and the other would contain the existing twofamily dwelling. The lots are each proposed to be serviced with on-site septic sewage disposal systems and connections to a community water system (Greater Vernon Water). Agricultural Capability of Subject Property The BC Land Inventory groups land into seven classes according to the land’s potential and limitations for agricultural use depending on soil, topography, and climate characteristics. As the class numbers increase from Class 1 to 7, the range of potential crops decreases. Associated with each class is a subclass that identifies limitations or special management practices needed to improve the soil. The classification usually gives land two ratings: unimproved and improved. Unimproved ratings describe the land in its native condition. Improved ratings indicate the land’s potential once management practices have been implemented, such as irrigation, stone removal or drainage. The BC Land Inventory rates the east side of the subject property as Class 3 with limitations related to topography and soil moisture deficiency. Land is this class has limitations that require moderately intensive management practices or moderately restrict the range of crops or both. Mapping indicates that some lands within this class can potentially be improved to Class 1. Land in this class either has no or only very slight limitations that restrict its use for the production of common agricultural crops. The central portion of the property is rated as 70% Class 4 and 30% Class 5 improvable to 70% Class 3 and 30% Class 5 with limitations related to soil moisture deficiency and topography. Land rated as Class 4 has limitations that require special management practices or severely restrict the range of crops or both. Land rated as Class 5 has limitations that restrict its capability to producing perennial forage crops or other specially adapted crops. The west side of the property is rated as Class 6 with limitations related to stoniness and inundation. Land in this class is non-arable but is capable of producing native and/or uncultivated perennial forage crops. Previous Applications In 1977, the predecessor 1 of the subject property’s parent lot was subdivided into six (6) lots ranging in size from 1.7 ha (4.2 ac) to 1.9 ha (4.92 ac). The six lots were registered as Lots 1 to 6, Plan 28222. Lot 2, Plan 28222 was the parent lot of the subject property. Road dedication measuring 24.4 m (80 ft) in width bisected Lot 2, Plan 28222 in a north-south direction extending from the south property line to BX Creek. In 1992, an application to close the 0.35 ha area of road dedication bisecting the property was allowed by the ALC and in conjunction with the proposed road closure, the ALC expressed no objection to the dedication of a 0.23 ha area of road in the southwest corner of the property. The plan of road closure and dedication was approved by the Provincial Approving Officer and with the changes, Lot 2, Plan 28222 became Lot A, Plan KAP48707 (the subject property). 1 Lot 54, Plan 780, Except Plans B7301, 10961, 17953, and 23983, Section 12, Township 8, ODYD Page 47 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.3 Agricultural Land Commission Application 15-0114-C-ALR (Michael deTourdonnet) Page 4 In June 1993, the land owner applied to the ALC to subdivide the subject property in order to create a +0.38 ha lot for a family member and a 1.4 ha remainder lot. After considering the application, the Board of Directors did not authorize the application to proceed to the ALC. In a letter to the applicant following the Board of Director’s decision, the Director of Development Services explained that the Board did not authorize the application to proceed to the ALC because they were of the opinion that enough lots had already been created from the parent lot and further subdivision would reduce the size of the remnant lot to less than the minimum lot area required under the Country Residential (C.R) zone. OFFICIAL COMMUNITY PLAN: Agriculture The Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626 designates the subject property as Agricultural. The following OCP Agricultural Policies (abbreviated) are relevant to this application: 1. Lands designated as Agricultural are intended to be used for agricultural purposes and associated uses as allowed by the ALC and the Regional District. 2. All uses and subdivision of land within the ALR shall be in accordance with the Agricultural Land Commission Act, Regulations thereto, or Orders and Policies of the ALC. 3. Notwithstanding the minimum lot size standards and land use policies cited in the OCP or the Zoning Bylaw or any other policy or bylaw that has been adopted to guide decisionmaking, the Regional Board may, after due consideration, not authorize a non-farm use, subdivision, and exclusion application to the ALC if the proposed subdivision or use would have a negative impact on agricultural land or the farming community. 4. Support the retention of large land holdings and the consolidation of small parcels of land to help maintain and establish economically viable farms. 5. Encourage strategies that will see large agricultural land holdings retained, and parcels consolidated and operated as single agricultural operations, rather than broken up as individual land tenures with multiple ownership. 6. The Regional District does not generally support exclusion of agricultural lands from the ALR and subdivision of ALR lands unless there is no net loss of ALR lands, and a net benefit to agriculture can be clearly demonstrated. 7. The Regional District will require all ALC applications for exclusions, subdivision, land exchanges and non-farm use to show documentation, including a Professional Agrologist report, which indicates why the application is necessary or appropriate. Development Permit Area The OCP designates lands adjacent to streams (as defined under the Riparian Areas Regulation) as being within a Riparian and Swan Lake Development Permit Area. Both BX Creek and Bate Creek pass adjacent to, or partially within, the subject property. The OCP also designates lands with a High or Very High conservation value as an Environmentally Sensitive Lands Development Permit Area. The upland portion of the subject property is designated as having both High and Moderate conservation values, while an area adjacent to BX Creek is designated Very High. Page 48 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.3 Agricultural Land Commission Application 15-0114-C-ALR (Michael deTourdonnet) Page 5 Unless a Development Permit (DP) Exemption applies, a DP would be required prior to subdividing the subject property as proposed. In the event this proposal proceeds to the subdivision stage, the applicant may submit a written statement from a Qualified Environmental Professional to determine the extent of any environmentally sensitive areas (upland and riparian) that may be affected by the proposed development and whether any Development Permit Exemption(s) apply. ZONING BYLAW: The subject property is zoned Country Residential (C.R) in Regional District of North Okanagan Zoning Bylaw No. 1888, 2003. The minimum lot size standard of the C.R zone is 2.0 ha. Uses permitted in the C.R zone include accessory farm sales, intensive and limited agricultural use, public parks and playgrounds, bed and breakfast, boarding house, community care facilities, fruit and produce pickers’ cabins and work force housing units, home occupation uses, wineries and cideries, veterinary clinics, single and two family dwellings, ancillary single family dwellings, manufactured homes on lots 1.0 ha or larger in Electoral Area “C”, secondary suite within a single family dwelling on lots of 1.0 ha or larger, medical marihuana production facilities, and limited resource use. Section 405 of the Zoning Bylaw states that the minimum size for a parcel that may be subdivided to provide a residence for a relative (under Section 946 of the Local Government Act) is 3.5 ha in the Country Residential (C.R) zone. Section 405 further states that these standards do not apply to lands that located within the ALR. SUBDIVISION SERVICING BYLAW: Section 404 of Regional District of North Okanagan Subdivision Servicing Bylaw No. 2600, 2013 requires that a community sanitary sewage system be provided for lots less than 1.0 ha except those lots created pursuant to Section 946 of the Local Government Act. The subject property is currently serviced by an on-site septic sewage disposal system. Section 405 of the Subdivision Servicing Bylaw requires that a community water system be provided for lots less than 1 ha in size except those lots created pursuant to Section 946 of the Local Government Act. The subject property is currently serviced by a connection to the Greater Vernon Water system. LOCAL GOVERNMENT ACT: Section 946 - Subdivision to Provide Residence for a Relative An application for subdivision of a lot under Section 946 of the Local Government Act may be made if the person making the application has owned the lot for at least 5 years and the application is made for the purpose of providing a separate residence for a relative of the owner. An Approving Officer may not approve such a subdivision if the subject property is located in the ALR and was within the previous 5 years created by subdivision under this section. If the requirements of Section 946 of the Local Government Act (LGA) are met, an approving officer may approve a subdivision of a parcel of land that would otherwise be prevented from subdivision by the minimum parcel size requirement of the Zoning Bylaw. Page 49 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.3 Agricultural Land Commission Application 15-0114-C-ALR (Michael deTourdonnet) Page 6 Section 946.4 of the LGA states that a local government may establish the minimum size for non-ALR parcels that may be subdivided. Section 946.5 of the LGA states that a minimum size may not be established for ALR parcels. Subsection 946.3 of the LGA states, in part, that an approving officer must not approve a subdivision under Section 946 if the parcel to be subdivided is classified as farm land for assessment and taxation purposes, and after subdivision to create a parcel for the purpose of providing a residence for a relative, the remainder of the parcel would be less than 2 ha. Subsection 946.6 of the LGA states that any parcel created by subdivision under Section 946 must be at least 1.0 ha unless a smaller area, in no case less than 2500 m2, is approved by the medical health officer. HOME SITE SEVERANCE POLICIES: The Regional District and the Agricultural Land Commission both have policies which are intended to provide a consistent approach to approving applications which propose to subdivide properties under the provisions of Section 946 of the Local Government Act. Both policies state that a subdivision application under Section 946 of the LGA for lands within the ALR should not be authorized unless the subject property has been owned by the applicant prior to the enactment of the ALC Act on December 21, 1972. PLANNING ANALYSIS: The Planning Department recommends that this application for subdivision within the ALR not be authorized for submission to the Agricultural Land Commission as it does not comply with the Agricultural Policies of the Electoral Areas “B” and “C” Official Community Plan which supports the agricultural use of lands in the ALR and the retention of large parcels in the ALR. The Policies also state that the Regional District does not generally support the subdivision of ALR lands unless there is no net loss of ALR lands and a net benefit to agriculture can be clearly demonstrated. In this regard, it is suggested that the proposed subdivision would further limit the agricultural capabilities of the subject property which is already constrained by its size and topography. Approval of the application could set a precedent that may lead other property owners to believe that agricultural parcels within the area can be subdivided, which in turn could lead to additional requests similar to the proposed application. Furthermore, the creation of smaller farm parcels in agricultural areas can affect the land values in the area by giving the impression that farm land can be used for speculative non-agricultural development. This results in artificial inflation of the value of agricultural land making it more difficult for farmers to purchase land. Finally, an Agrologist’s report has not been submitted with this application which is contrary to the Official Community Plan Agricultural Policy which states that applications for subdivision within the ALR include a Professional Agrologist’s report which indicates why the application is necessary or appropriate. Page 50 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.3 Agricultural Land Commission Application 15-0114-C-ALR (Michael deTourdonnet) Page 7 As noted above, the property was created through the approval of a subdivision in 1977 and as such, the proposed subdivision does not qualify for consideration under the home site severance policies of the Regional District or the ALC which may only be considered if a property has been continuously owned by the same person since prior to 1972. SUMMARY: The subject application proposes to subdivide the 1.81 ha property located at 4877 Haynes Road into a 1.0 ha lot and a 0.81 ha lot. The purpose of the proposed subdivision is to create a lot for the owners’ daughter pursuant to Section 946 of the Local Government Act. As the subject property is within the Agricultural Land Reserve (ALR), approval under Section 21(2) of the Agricultural Land Commission Act is required. The Planning Department recommends that the application not be supported as it is contrary to the Agricultural Policies of the Electoral Areas ‘B’ and ‘C’ Official Community Plan which supports the agricultural use of lands in the ALR, the retention of large parcels in the ALR and generally does not support the subdivision of ALR lands unless there is no net loss of ALR lands and a net benefit to agriculture can be clearly demonstrated. REFERRALS: The application was referred for comments to the following: 1. Electoral Area “C” Director 2. Electoral Area “C” Advisory Planning Commission 3. Electoral Area Advisory Committee 4. Regional Agricultural Advisory Committee At the RAAC meeting of April 16, 2015, the Committee reviewed the application and provided the following comments: • the property was previously subdivided to create five additional lots in 1976; • currently there is a duplex on the property; • the Committee was opposed to further subdivision; and • the parcel is too small already, no need to go smaller. 5. BX / Swan Lake Fire Department 6. Building Inspection Department 7. Parks, Recreation, and Culture Department 8. Ministry of Agriculture The Ministry noted that a subdivision of this lot will not negatively affect farming. However, subdivisions (in the ALR) should receive ALC approval. 9. Ministry of Transportation and Infrastructure The Ministry commented that their interests will be considered if a subdivision application is received. 10. Interior Health Authority The Community Nutritionist representing the Food Security and Community Nutrition Program commented that it appeared the primary use of the land was not currently food production and thus any changes would not likely affect food security. Page 51 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.3 Agricultural Land Commission Application 15-0114-C-ALR (Michael deTourdonnet) Page 8 11. Ministry of Environment The Ecosystems Section of the Ministry of Forests, Lands and Natural Resource Operations provided the following response: This application is subject to the Riparian Areas Regulation (RAR). The proponent should be advised that a RAR Assessment is required for subdivision as defined in Section 872 of the Local Government Act. The assessment defines the required Streamside Protection and Enhancement Area (SPEA) setback, which must be determined prior to subdivision. RAR assessments must be completed by a qualified environmental professional (QEP) following the provincial RAR guidelines. To ensure proposed activities are planned and carried out with minimal impacts to the environment and in compliance with all relevant legislation, the proponent and approving agency are advised to adhere to guidelines in the provincial best management practices (BMP's) document: Develop with Care: Environmental Guidelines for Urban & Rural Land Development. It is the proponent's responsibility to ensure their activities are in compliance with all relevant legislation. Reviewed by: Submitted by: '-?W~~., G~e~fJl· ~ Marnie Skobalski, MCIP, RPP Planner Deputy Planning Manager Endorsed by: Rob Smailes, MCIP, RPP General Manager, Planning and Building Page 52 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.3 ELECTORAL AREA "C" AGRICULTURAL LAND COMMISSION APPLICATION SUBJECT PROPERTY MAP File: Applicant: Location: 15-0114-C-ALR Michael deTourdonnet 4877 Haynes Road PlN _ _jl t,..,.- -+-- ~,'1 39 H PLAN 1; 4 787 A J7 KAP83919 Page 53 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.3 Ct.IJSFD f[ Site Plan J 2! DEC 199:< . r<1 N b C\J h y - ,.; 0:: Q w l9 _J N 1..t.J co 0 ...J C\J r /,_ .· 1!. . 0 ...b .0 N N ., ,...~ 10 _J L.E. Rivard . & Associates Ltd. Page 54 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 15-0022-F-LD TO: Electoral Area Advisory Committee FROM: Planning Department DATE: SUBJECT: May 1, 2015 Legal Document Request - Modification of Covenant KP036954 RECOMMENDATION: That the request to modify Covenant KP036954 registered on the title of the property legally described as the S½ of the SW¼ of Sec. 3, Twp. 20, R9, W6M, KDYD, Except Plans 23082, 23688, and KAP49667 and located at 247 Black Road, Electoral Area “F” by authorizing the construction of ten (10) Agri-Tourism Campsites on the Non-Urban (N.U) zoned portion of the property be referred to a Public Hearing. BACKGROUND: This report pertains to a request by the owner of the +25 ha property legally described as the S½ of the SW¼ of Sec. 3, Twp. 20, R9, W6M, KDYD, Except Plans 23082, 23688, and KAP49667 and located at 247 Black Road, Electoral Area “F” to modify Covenant KP036954 by authorizing the construction of ten (10) Agri-Tourism Campsites within the Non-Urban (N.U) zoned portion of the property. The Regional District is designated as the Transferee on Covenant KP036954, which was required to be registered on the title of the subject property by the Board of Directors. Modifications to the covenant must therefore be authorized by the Board of Directors. Previous Development Applications A portion of the subject property and the adjacent property to the north was rezoned to Recreation Commercial (C.5) in June 2000. The owner had applied to rezone the properties in order to construct a nine-hole golf course. During the consideration of the proposed zoning amendment, water supply, access, increased traffic, and potential land use conflicts were identified as areas of concern by both staff and through the Public Hearing process. The potential for large volumes of groundwater to be drawn for irrigation of the proposed golf course was the primary concern with respect to water supply. Access concerns pertained primarily to the approximate 2.5 km section of Black Road between the properties and the intersection with Highway 97B to the west, which is narrow and has a number of steep sections and switchbacks with limited sight lines. The properties are also accessible from Hwy 97A and 97B to the east. The majority of Black Road east of the properties has a gravel surface. As a means to address the above noted concerns, at the Regular Meeting of August 11, 1999, the Board of Directors resolved that, as a condition precedent to consideration of adoption of the rezoning bylaw, that a covenant be registered on the titles of the properties to restrict the scope of commercial development to the operation and maintenance of a golf course including a club house and limited retail sales. Covenant KP036954 was subsequently registered against the whole of the properties, including both the Recreation Commercial (C.5) zoned area and the Non-Urban (N.U) zoned area. Page 55 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 Legal Document Request - Modification of Covenant KP036954 Report to Electoral Area Advisory Committee – May 1, 2015 Page 2 In addition, the Board further resolved that, prior to adopting the rezoning bylaw, a Hydrologist be retained to confirm that there are adequate water sources for the proposed golf course and that the use of these sources will not have a detrimental impact on downstream water users. In this regard, Summit Environmental Consultants Ltd. prepared a report, dated November 1999, which explains that the proposed method of irrigation was to collect snowmelt and runoff in a number of existing dugouts and modified ponds on the subject property and to water only the greens and tees during July and August. The report concluded that the proposed system of irrigation would not alter existing drainage patterns through the property, would have a negligible effect on groundwater recharge and streamflow, and should supply enough water to irrigate the golf course as planned although supplies may be limited in dry years. The report also noted that, of the six on-site ponds to be used for water storage, utilization of water from the two northernmost ponds would likely require a water licence as they are part of the stream system. The report concluded that water storage in five out of six on-site ponds should have no effect on downstream water quality. The use of barn effluent stored in one of the ponds could potentially affect downstream water quality and may pose a health risk to golfers if applied to the golf course. The Summit report notes that approvals from the Ministry of Environment and Ministry of Health would be required to utilize the barn effluent for golf course irrigation. Subsequent to the zoning amendment, a Commercial Development Permit (DP) with Variances, applicable to both properties, was also approved and issued. The DP provided for development of a nine-hole golf course, clubhouse with outdoor service only, an owner/operator dwelling, and a freestanding sign, while the variance permitted a reduction in the number of parking spaces from 150 to 60 and waived the requirement for paving and curbing of the parking and loading areas. The files associated with the above noted applications do not contain any record of comments from the Ministry of Transportation. In 2007, the applicant requested a modification to Covenant KP036954 to permit construction of 10 serviced and 10 unserviced RV camp sites at the golf course within the C.5 zoned area. The staff report to the Board of Directors outlined the access and water supply concerns and noted that development of a campground at the golf course would generate more traffic on Black Road which is not well-suited for use by larger recreational vehicles. The Ministry of Transportation had verbally commented in 2007 that a new intersection alignment was to be constructed at Highway 97B however the balance of Black Road would remain unchanged. The file associated with this request does not contain any further comments from the Ministry. In consideration of the above noted concerns, the 2007 staff report recommended that the covenant not be modified, however it was suggested that if the Board supported the proposed covenant modification, a Public Hearing should be held to solicit public comment. Following their consideration of the proposal, the Board of Directors denied the applicant’s request to modify the covenant. Site Context The westerly portion of the subject property is outside of the Agricultural Land Reserve (ALR), is designated Commercial in the OCP, and is zoned Recreation Commercial (C.5). This area is currently developed as the Sonseeker Ridge Golf Course and includes an owner/operator dwelling within a manufactured home, and a clubhouse. Commercial development within the C.5 zoned area is limited to a golf course (and associated uses) by Covenant KP036954. Much of the central/easterly portion of the subject property is within the ALR, and is designated Agricultural in the OCP. The central/easterly portion of the subject property (both ALR and non-ALR) is zoned Non-Urban (N.U). This area is currently developed with a single family dwelling, a manufactured home, farm buildings and pasture land. Page 56 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 Legal Document Request - Modification of Covenant KP036954 Report to Electoral Area Advisory Committee – May 1, 2015 Page 3 The applicant’s submission states that the farm has been operated by the Black family for 88 years and currently they raise 26 beef cattle and 4 sheep with plans to add ducks, turkeys, chickens and pigs which they would raise organically. Aside from the golf course, farm and homesite area, the balance of the subject property is treed and undeveloped. A surface water source (Thornton Spring) located on Crown Land approximately 1.5 km north of the applicant’s homestead area, is licensed to provide 4,546 litres (1000 Imperial gallons) of water per day. From the surface water source, water is collected in a 400 gallon tank from which it is piped to the barn where it is filtered and distributed to the three existing dwellings. Overflow water from the storage tank is stored in modified ponds and dugouts from which it is used for irrigation of the golf course greens, tees, and if excess water is available, other areas of the golf course. No water is applied to the rough or to areas within 100 yards in front of the tees. A drilled well was constructed in 2006 to provide water to the clubhouse. The well report indicates the production rate of the well is 0.83 Imperial gallons per minute. The property owner has informed the Planning Department that both the surface and groundwater sources are currently under a boil water requirement issued by Interior Health. The owner has advised that upgraded treatment systems will be installed on both sources to meet the drinking water standards of Interior Health. The current use, ALR status, Official Community Plan designation, and zoning of surrounding properties are as follows: • North: rural parcel, partially within the ALR, designated in the OCP as Agricultural, Commercial and Non-Urban and zoned N.U and C.5; • South: rural parcels fronting the north and south sides of Black Road, partially within the ALR, designated in the OCP as Non-Urban and Agricultural, and zoned Non-Urban (N.U); • East: rural parcels partially within the ALR, designated in the OCP as Non-Urban and Agricultural, and zoned Non-Urban; • West: rural parcels within the City of Salmon Arm; • Southwest: rural parcels within the Columbia Shuswap Regional District – Electoral Area “D” To the west of the subject property, Black Road crosses between Electoral Area “D” of the Columbia Shuswap Regional District and the City of Salmon Arm. Approximately 2.5 km to the west, Black Road intersects with Highway 97B within the southeast corner of the City of Salmon Arm. The Proposal The owner of the subject property proposes to develop up to ten (10) Agri-Tourism Campsites within the Non-Urban (N.U) zoned, ALR portion of the property. It is proposed that water for the campsites would be provided from the surface water source in accordance with the requirements of Interior Heath and in accordance with the license terms under the Water Act. Initially, campsite users would have access to potable water from a tap at the barn and water hook-ups would be provided to two or three individual camp sites. The balance of the campsites would not have water hook-ups. The applicant is proposing that the three existing dwellings would continue to be serviced by the existing water licence, the clubhouse by the existing well and the golf course by the existing ponds. With regard to sewage disposal, an on-site ‘sani-dump’ facility is proposed to be provided to service the campground in accordance with the Public Health Act or Environmental Management Act as applicable. Page 57 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 Legal Document Request - Modification of Covenant KP036954 Report to Electoral Area Advisory Committee – May 1, 2015 Page 4 Whereas Agri-Tourism Campsites are a permitted use within Electoral Area “F” on lands classified as ‘farm’ by the BC Assessment Authority, such use would not be permitted on the subject property due to the restriction imposed by Covenant KP036954. To facilitate an agri-tourism development consisting of 10 campsites, the property owner has submitted a request to modify the Covenant. The following ortho (aerial) photo of the subject property was taken in 2007. PROCEDURAL REQUIREMENTS: In 2011, the RDNO’s legal counsel provided advice as to how the RDNO should proceed with requests to modify covenants which were considered, by both the public and elected officials, as a fundamental part of a previous OCP and/or rezoning process. Legal counsel advised that when the registration of a covenant was integral to the adoption of an Official Community Plan and/or zoning amendment bylaw, the views and interests of surrounding property owners and of the general public are relevant and best canvassed through an open public process. In this regard, it is noted that a Public Hearing for the Zoning Amendment Bylaw was held on August 11, 1999 and that after the close of the Hearing, the Board of Directors gave Third Reading to the Bylaw and resolved that Final Adoption of the Bylaw be withheld until a restrictive covenant was registered on the titles of the subject property “to restrict future subdivision, accommodation facilities, campgrounds, RV parks, rental cabins, hotels, motels, entertainment facilities (except a golf club house), recreation facilities (except for a golf course, putting course, and driving range), retail sales, (except as accessory to a golf course use), and a service and repair use.” The covenant was registered in April 2000 and the Rezoning Bylaw was adopted in June 2000. Page 58 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 Legal Document Request - Modification of Covenant KP036954 Report to Electoral Area Advisory Committee – May 1, 2015 Page 5 In the interests of consistency with past practice and as previously advised by legal counsel, staff are recommending that if the Board supports the proposed covenant modification, a Public Hearing should be held to solicit public comment. LEGAL/STATUTORY AUTHORITY: The Board has discretion whether they desire to modify the Land Title Act Section 219 Restrictive Covenant or not as the Regional District is designated as the Transferee on Covenant KP036954 and registration of the covenant was fundamental to the Board’s approval of the Zoning Text Amendment bylaw which facilitated development of the golf course. ZONING BYLAW: The subject property is zoned Non-Urban (N.U) and Recreation Commercial (C.5) in Regional District of North Okanagan Zoning Bylaw No. 1888, 2003. Uses permitted in the N.U zone include single and two family dwellings, manufactured homes, ancillary single family dwellings, accessory buildings and structures, accessory farm sales, bed and breakfast uses, boarding house uses, community care facilities, fruit and produce pickers’ cabins and work force housing units, home occupations, intensive and limited agricultural uses, packing houses, public parks and playgrounds, rapid infiltration and spray irrigation of treated effluent, resource uses, veterinary clinics, wineries and cideries. Uses permitted in the C.5 zone include accommodation including campgrounds, cabins, hotels, motels, entertainment and recreation facilities, food service, water storage and bulk distribution facilities on same lot as water source, retail sales, service and repair, rapid infiltration and spray irrigation of treated sewage effluent, seasonal use, temporary accommodation use, shooting range including clubhouse facilities, one dwelling unit (including a Manufactured Home) for the owner, operator, or employee of the principal and permitted use and accessory buildings and structures. Section 301.3 of the Zoning Bylaw permits Agri-Tourism Campsites within the ‘Westside’ boundary of Electoral Area “B”, and Electoral Areas “D”, “E”, and “F”. With respect to the +25 ha subject property, Agri-Tourism Campsites would be subject to the following regulations: a. Agri-Tourism Campsites must be accessory to the principal use. b. All or part of the parcel on which the campsites are located is classified as ‘farm’ by the BC Assessment Authority. c. No more than 10 Agri-Tourism Campsites are permitted (on properties larger than 8 ha). d. The total developed area for buildings, landscaping and access for the campsites is less than 5% of the parcel. e. No one person shall stay within the campsite for more than 30 days in 1 calendar year. In accordance with Zoning Bylaw Section 1301 - Campground Regulations, the construction or establishment of any Agri-Tourism Campsites must comply with the following Sub-Sections (abbreviated): 1301.12 - Camping Spaces Each space must: a) have a minimum area of 84 m2; b) accommodate only one trailer or tent; c) be no closer than 3 m to a campground roadway; d) be no closer than 7.5 m to the boundary of the campground; and e) have one conveniently located parking space adjacent to the campground roadway. Page 59 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 Legal Document Request - Modification of Covenant KP036954 Report to Electoral Area Advisory Committee – May 1, 2015 Page 6 1301.21 – Water Supply The owner of a campground must provide a water supply system to furnish a constant supply of safe water in compliance with the Drinking Water Protection Act. 1301.22 – Sewerage Disposal The owner of a campground must provide sewerage disposal facilities in accordance with applicable legislation and regulations. 1301.26 – Garbage Disposal The owner of a campground must dispose of, or arrange for disposal of garbage or refuse. In the event the Board of Directors authorizes the property owner’s request to modify Covenant KP036954, a Campground Permit issued pursuant to above noted Campground Regulations would be required prior to construction of the Agri-Tourism Campsites. PLANNING ANALYSIS: Covenant KP036954 was registered on the title of the subject property and the adjacent property to the north (both located at 247 Black Road) in order to restrict the range of commercial uses that could potentially take place on the properties under the provisions of the C.5 zone. In this regard, Covenant KP036954 was registered against the whole of the properties, including both the C.5 and N.U zoned areas. Registration of the Covenant was intended to address water supply and traffic concerns which were raised through the processing of an application which proposed to rezone the N.U zoned portion of the properties to C.5. The owner of the +25 ha subject property (legally described as the S½ of the SW¼ of Sec. 3, Twp. 20, R9, W6M, KDYD, Except Plans 23082, 23688, and KAP49667) is requesting that Covenant KP036954 be modified to allow for the construction of ten (10) Agri-Tourism Campsites within the Non-Urban (N.U) zoned portion of the property. The proposed modification would not relax the restrictions of the Covenant except to allow a maximum of 10 campsites within the N.U zoned portion of the subject property. Staff recommend that the applicant’s request to modify the restrictions imposed by Covenant KP036954 be authorized subject to the modification being considered through a Public Hearing process. This approach would be consistent with legal advice and past practice when the registration of a covenant was a fundamental consideration of the Board of Directors during an associated zoning amendment process. The rationale for this recommendation is based on the following: • Traffic concerns previously raised are acknowledged, however it is noted that the Zoning Bylaw currently permits Agri-Tourism Campsites within Electoral Areas “D”, “E”, and “F” as well as the ‘Westside’ area of Electoral Area “B” whereas such a use was not permitted back in 1999 when the property was proposed to be rezoned to C.5 and in 2007 when Covenant KP036954 was proposed to be modified to allow 20 R.V campsites. The Zoning Bylaw has been amended to allow such a use as it has been deemed, in part, that the traffic volume generated by up to 10 Agri-Tourism Campsites would be relatively low and that the roads within the designated Electoral Areas would be suitable to service such uses. It is also noted that Black Road is currently utilized by domestic and commercial vehicles of all sizes, that the intersection of Black Road and Hwy 97B has been upgraded since 2007 and that the Ministry of Transportation has advised that they support the current proposal. The files associated with the 1999 rezoning application and the 2007 covenant modification request do not indicate whether or not the Ministry supported those applications. Page 60 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 Legal Document Request - Modification of Covenant KP036954 Report to Electoral Area Advisory Committee – May 1, 2015 Page 7 • Water supply concerns previously raised are also acknowledged, however it is noted again that the Zoning Bylaw currently permits Agri-Tourism Campsites whereas such a use was not permitted back in 1999 or 2007. The Zoning Bylaw has been amended to allow such a use as it has been deemed, in part, that existing water sources on rural parcels would not likely be impacted by the water usage generated by up to 10 Agri-Tourism Campsites and that water sources used to service campsites would have to be approved by Interior Health. Unlike most other rural parcels, the subject property is also permitted to have a golf course. As such, it is necessary to determine if the cumulative affect of using water for the existing golf course, clubhouse, dwellings and Agri-Tourism Campsites would have a negative impact on the use of neighbouring water sources. In this regard, it is noted that the dwellings on the subject property are currently serviced by a licensed surface water supply and that the golf course and clubhouse are respectively serviced by a system of on-site ponds and a well. The applicant is proposing to continue to service the existing dwellings, clubhouse and golf course with their current sources. The applicant is also proposing to service two to three campsites with individual water hook-ups along with one shared water tap, all of which would be serviced with treated (potable) water from the existing licensed surface water supply. Overall, no new water sources are proposed to be used to service the uses on the property. In this regard, it is the opinion of staff that the use of the proposed water supply system would be unlikely to impact the use of neighbouring water sources. However, should the Board desire more information about the potential impact of the proposed water servicing system on neighbouring water sources, a resolution could be passed to require that a water supply assessment be prepared. In the event that the Board authorizes amendment of the covenant as requested, prior to development of any campsites under the Agri-Tourism Accommodation provisions, the landowner must demonstrate compliance with the applicable Sub-Sections of Zoning Bylaw Section 1301 – Campground Regulations. SUMMARY: The owner of the property legally described as the S½ of the SW¼ of Sec. 3, Twp. 20, R9, W6M, KDYD, Except Plans 23082, 23688, and KAP49667 and located at 247 Black Road, Electoral Area “F” has submitted a legal document request to modify Covenant KP036954 which is registered on the title of the property. As a requirement of the Board of Directors, the Covenant was registered in conjunction with the 1999 Zoning Bylaw amendment process which rezoned a portion of the subject property to Recreation Commercial (C.5). The Covenant restricts the scope of commercial development that would otherwise be permitted under the C.5 zoning to only a golf course and associated uses. The Covenant also has had the effect of not permitting Agri-Tourism Campsites on the Non-Urban (N.U) zoned, ALR portion of the subject property. In this regard, subject to the proposed covenant modification being considered through a Public Hearing process, the Planning Department recommends that the Board of Directors support the applicant’s request to modify Covenant KP036954 such that a maximum of 10 Agri-Tourism Campsites would be permitted on the Non-Urban (N.U) zoned, ALR portion of the subject property. REFERRAL COMMENTS: The applicant’s request to modify the terms of Covenant KP036954 was referred to the following for review and comment: 1. Electoral Area “F” Director 2. Electoral Area “F” Advisory Planning Commission 3. Electoral Area Advisory Committee Page 61 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 Legal Document Request - Modification of Covenant KP036954 Page 8 Report to Electoral Area Advisory Committee- May 1, 2015 4. Building Inspection Department 5. Ministry of Transportation and Infrastructure The Ministry supports the addition of 10 RV lots within the ALR portion of the property. The owner will requ ire a commercial access permit. Submitted by: Reviewed by: ~· A ~ Greg [email protected] ey · Deputy Planning Man ger Planner Endorsed by: Rob Smailes, MCIP, RPP General Manager, Planning and Building Page 62 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 ELECTORAL AREA "F" LEGAL DOCUMENT APPLICATION SUBJECT PROPERTY MAP File: Applicant: Location: 15-0022-F-LD Robert Black 247 Black Road A RD~ IHfllit ) .... TP. 20 Rge.9 W6M p. lft\t sw" 100 / 99 · 100 :0 52 ·050· f' ·~···· T· f~·C}I:Ijl\ ~AN 39 4168 .A' 'It I'\.AN2< '0 0:: !: A 0 tAN69 ~ 90 T93 t------i 76 97 Page 63 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 ELECTORAL AREA "F" LEGAL DOCUMENT APPLICATION SUBJECT PROPERTY MAP- (ZONING BOUNDARIES) File: Applicant: Location: 15-0022-F-LD Robert Black 247 Black Road LH LH ~ T . 0 Subject Property 100 '. 99 NU . NU I~ - L!63 ... . . . v 'f,- - - - - - 1 51 . TP.20 •, 76 CR C.5- Recreation Commercial C.R - Country Residential L.H - Large Holding N.U - Non-Urban S.H - Small Holding Page 64 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.4 X ) "fvl r'l U11tf' a 1o Page 65 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.5 REGIONAL DISTRICT of NORTH OKANAGAN MEMORANDUM File No.: 15-0177-E-VWR TO: Electoral Area Advisory Committee FROM: Planning Department DATE: May 19, 2015 SUBJECT: Lot Frontage Waiver Request for the property legally described as Lot 2, Sec 26 & 35, Twp 45, ODYD, Plan 24879 and located at 1377 Highway 6, Electoral Area 'E' 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. The owner of the subject property has applied for a subdivision which proposes to subdivide the property into two (2) lots of 2.97 ha and 2.02 ha. An existing single family dwelling, domestic water well , and septic system would be contained within the 2.97 ha lot. A new driveway connected to Highway 6 is proposed to access the existing single family dwelling. An existing ancillary single family dwelling, domestic water well, septic system, and driveway connected to Highway 6 would be contained within the 2.02 ha lot. The subject property is generally flat and the applicant has submitted the attached site plan which demonstrates that driveways and building sites within the proposed two lots would comply with the building site and private driveway access 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 Lot 2, Sections 26 and 35, Twp 45, ODYD, Plan 24879 and located at 1377 Highway 6, Electoral Area "E" by reducing the lot frontage of proposed Lot 1 from 103.44 metres to 79.151 metres and by reducing the lot frontage of proposed Lot 2 from 88.93 metres to 58.0 metres as shown on the site plan attached to the Planning Department memorandum dated May 19, 2015. Submitted by: ~ni~~ Planner Approved by: A ~r GreQR~y Deputy Plannin g M : Page 66 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.5 ELECTORAL AREA "E" LOT FRONTAGE WAIVER REQUEST APPLICATION SUBJECT PROPERTY MAP File: Applicant: Location: 15-0177-E-WVR Elvera & Eric Silchenko 1377 Hwy 6 i RD~ E.1320' of S1/2 A B Page 67 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.5 ALL [ T ANC£5 ARE II~ IAfTRE S. \ \ ~ \ ~ ~ ~I ~ -y-<) '%. ~ \ \ LOT 3 PLAN 24879 PROPOS[() LOT 1 2.97 ha "' ,,r{'i ~i LOT 1 PLAN 24879 .... .... .... ...... .... .... .... .... ----........... .... ...... ...... ...... ...... .... .... ~ f""""'"hJ 0 --SKETCH PLAN OF PROPOSED SUBDIVISION OF LOT 2, PLAN 2 4879, SEC 26 AND 35, TP 45, ODYD SCALE: DATE: ._.. I 100 50 1 : 2500 7 tv1oy 2015 OUR FILE: DRAWN 150 R9789 RB Silc henko - - - - -- ---1 WILLIAM E. MADDOX B.C. LAND SURVEYOR .3500 - 30th STREET 91890KOO Page 68 of 135 VERNON, B.C. V1T SE8 rELEPHONE (250)542-4343 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.5 ALL DISTAI\CES ARE IN METRES. I I I I I I l.!~·Orn 0 I ------PROP:~;D PROPOSED LOT 1 2.97 he /a5,.,., L?T 2 r ---~ I CHIC<F.I\. Z.vl' ho lJ'COVERED STORAGE /' .-- - 1 / / c, ' , / .<...~-i" .2J ...... _.o,.,., ~ 0c,'V ··-··---< / <v-'~',g r;y / )-. ·-.. "~"~/' )i(;~·· l----- -" Y LO T 3 PLAN ..... I •• •• -._ , .,"" I I1 / / ~ I I I 't.u fw' ,c.' i£ 1 1-t-j ,).., ,~, lkJ I Q "< 0 ~ ~ - - - - I '-==-+-I IQQ-1 I 1 I "-..'-v0 <"&' * - J I I / ~ I -2% 1• - - I 1 ' ,·: ' 1 I 'G.> -D \ ~"' ~-:;;_ \ -- \ , v -\- _ 'P -+_>::-1 : ~: ~~, ' 15!:!, 'Ci' 1 r II I1 I I ~--t' I I I I \-/.. E 1 ...: 0/H WIRES - - --- - - UP1 - L 59 r 1 - - m i f1 • 1 1 f""") 1 I I ', I I'") --- I I I I I I I I I 1 ! 1 SHOULDER f~ ,1 ~~~ ..... I I 1 'if' ~ IQ I ::> -<{ 58.000 FILL 1Om ' I:> 1 __l I 24879 lEI ,If) , 1"' 1 ,.._, I ·I ~ I \ LOT 1 PLAN l al 1§; 1 ~ I ___ I 'wl / ...5:.: _ _ { w ~ A 1143 1 ' 1 - - _/ 1 : ~'- PLAN I 1 I I - - -.·- 79.151 ·t-. -i - - FENCE 1 I SRW I ,, J '- \ / 5 'Om~ -5rn ; 1 MAX ~ \ ,j Q- I I I I 1 \ / \t \ UP 1 --- \ 1 I I I 3:r ~; /-) - / .. ~ Q;, \ I I I rn ,' 18 m2 : -------( ---, ... __ ----- -' V' -t I I I I I I 1iia·,L-~P. · 2000 1 I ..!.~ I WELL o .. .. -2rn -y- -£ / I 1 I .. \ '-y~,f IQ I IQ/ lO t f -- -=:'\. ..._ I "-1"-t, if::{, 1 01 ,'B.Orn I C;'J "< 1':::;' (E I"-. fcf CABIN BUILDABLE .' ARE A (LESS ,: 1 I THAN 2% GRADE) -~ ~ ";' Q/ };I1 ~ EXISTING'JJ,' -.... t <t- I I "' .• 2.;z,.,., 1 ',"-.J. -- - 1__JJ.g~ ~ ... -~.-:~-L~-----~:;~ ·-•• ~~-~7····-jxb.rf' T EXISTING HOUSE :,..,.. ...-"' '.,"3 /"'• ,.,. .... BUILDABLE ·. / /,AREA (LE SS \ ,/ / ,' THAN 2% GRADE) ·.. 2 1 L 2000 m \ 1/ 1 / / \ I I ... ,.._- ··---~ 9D ···- -..... ;_~J.Jrr, 1 •.. _Jl.s. - ~~--- : 24879 EXISTir-.tG I DISPOSAL I FIELD , '- I 28m @ - 2% :r-- =-~~-~---=_---=-~~-=-~=---_=---=~--x~~Gi-9fp~yf~N~-1=-~:~~-::=;---=-~-=--~=-----~~-: HIGHW AY No. 6 0 10 SITE PLAN OF PA RT OF PROPOSED SUBDiVISION OF LOT 2, PLAN 24879, SEC 26 AND 35, TP 45, ODYD 20 30 SCALE: DAlE: 40 50 1 : '100 0 19 May 2015 60 70 OUR FILE: DRAWN: 80 R9789 RB Silchenko WILLIAM E. MADDOX B.C. 97890100 LAND SURVEYOR 3500 - 30th STREET VERNON, B.C. V1T 5E8 TELEPHONE (250)542- 4343 Page 69 of 135 90 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.5 REGIONAL DISTRICT OF NORTH OKANAGAN MEMBER MUNICIPALITIES: CITY OF ARMSTRONG DISTRICT OF COLDSTREAM CITY OF ENDERBY ELECTORAL AREAS: VILLAGE OF LUMBY TOWNSHIP OF SPALLUMCHEEN CITY OF VERNON “B” – SWAN LAKE “C” – B.X. DISTRICT “D” – LUMBY (RURAL) “E” – CHERRYVILLE “F” – ENDERBY (RURAL) OFFICE OF : PLANNING DEPARTMENT YOUR FILE No.: OUR FILE No.: PID No.: 2015-00298 15-0014-E-SUB 005-792-282 February 24, 2015 Ministry of Transportation and Infrastructure 4791 23rd Street Vernon, BC V1T 4K9 Dear Desiree Lantenhammer: Re: Proposed subdivision of the property legally described as Lot 2, Secs 26 and 35, Twp 45, ODYD, Plan 24879 and located at 1377 Highway 6, Electoral Area “E” Thank you for the opportunity to provide comment on the subdivision application for the above described property which was forwarded to this office for comment on January 20, 2015. In this regard, please be advised that the following conditions would need to be met in order for the proposed plan of subdivision to comply with the applicable Bylaws of the Regional District: 1. Highway 6 must be dedicated a minimum of 12.5 from the centreline adjacent to the proposed lots in accordance with the requirements of Section 402 of the Regional District of North Okanagan Subdivision Servicing Bylaw No. 2600, 2013 and Section 10.2.2 of the Electoral “D” and “E” Official Community Plan Bylaw No. 2485, 2012. Section 402 of the Subdivision Servicing Bylaw also requires that Highway 6 be constructed in accordance with the requirements of the Ministry of Transportation and Infrastructure. 2. Building Permits must be obtained for buildings on the subject property which have been constructed without the Regional District’s approval. In this regard, the Building Inspector has advised that a residential building may have been constructed without the approval of Building Permit on the north side of the subject property near the Shuswap River. To resolve this matter, the applicant can call the Building Department at 250-550-3728. 3. The use of land, buildings and structures on the proposed lots must comply with the permitted use of land, buildings and structures as outlined in Section 802.1 of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003. 4. The number and size of buildings on the proposed lots must comply with the maximum number and size of buildings per lot as outlined in Sections 802.2 and 802.10.b of Zoning Bylaw No. 1888. 5. The proposed lots must comply with the 2 ha minimum lot size requirement of the Country Residential (C.R) zone as outlined in Section 802.5 of Zoning Bylaw No. 1888. 6. Existing buildings and structures on the proposed lots must meet the setback requirements of Sections 802.9 and 1601 of Zoning Bylaw No. 1888 with respect to new lot lines. Regional District of North Okanagan 9848 Aberdeen Road Coldstream, BC V1B 2K9 Page 70 of 135 Phone: Fax: Web: E-Mail: 250-550-3700 250-550-3701 www.rdno.ca [email protected] BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.5 MoTI File No. 2015-00298 – RDNO File No.15-0014-E-SUB February 24, 2015 7. The proposed lots must comply with the minimum lot frontage requirement of the Country Residential (C.R) zone as outlined in Section 802.7 of Zoning Bylaw No. 1888. Section 802.7 requires that lots have a frontage of not less than one-tenth of the perimeter of the lot. In this regard, a BC Land Surveyor will need to determine if the required lot frontages can be met. If they cannot be met, the subdivision layout would need to be revised in order to conform with this requirement or the proposal would require the Regional District’s approval of a lot frontage waiver request. To process such a request, the applicant would need to submit a letter to the Regional District requesting consideration of a lot frontage waiver along with the required processing fee. 8. Each proposed lot must have a building site and on-site driveway that meets the building site and private driveway access requirements of Section 310 of Zoning Bylaw No. 1888. 9. The proposed subdivision must comply with the Riparian Areas Regulation Provisions as outlined in Section 1702 of Zoning Bylaw No. 1888. 10. The subject property is identified in the Electoral Area “D” and “E” Official Community Plan Bylaw No. 2485, 2012 as a Development Permit Area for the Protection of the Natural Environment (Shuswap River). As such, the proposed subdivision requires that approval of a Development Permit unless otherwise exempted under the provisions of Section 12.2.6 of the Official Community Plan. 11. Payment of $500 Development Cost Charge must be made in accordance with the requirements of the White Valley Parks and Recreation District Development Cost Charge Bylaw No. 1390. 12. Submission of the final plan of subdivision prepared by a BC Land Surveyor is required for final review against all relevant bylaw regulations. In accordance with Section 305 of Subdivision Servicing Bylaw No. 2600, the above noted comments are valid for 18 months from the date of this letter. If you have any questions or require any further information, please call Caren Walker, Planning Technologist at (250) 550-3745. Sincerely, Greg Routley Deputy Planning Manager /cw Attachment cc: Building Department Eric and Elvera Silchenko Director Cameron Electoral Area “E” Advisory Planning Commission Regional District of North Okanagan 9848 Aberdeen Road Coldstream, BC V1B 2K9 Page 71 of 135 Phone: Fax: Web: E-Mail: 250-550-3700 250-550-3701 www.rdno.ca [email protected] BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.6 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 3046.01.04 TO: Electoral Area Advisory Committee FROM: Planning Department DATE: May 22, 2015 SUBJECT: Community Works Fund Project #105 RECOMMENDATION: That it be recommended to the Board of Directors, the Engagement and Communication Plan for the implementation of the Biodiversity Conservation Strategy be funded from the Community Works Fund at a cost of $10,010.00 DISCUSSION: The Okanagan Collaborative Conservation Program (OCCP), in conjunction with the South Okanagan Similakameen Conservation Program, completed a Biodiversity Conservation Strategy (BCS) for the Okanagan Region in 2014. The BCS provides a “big-picture” view of the status of regional biodiversity and highlights future conservation priorities, including strategic directions and opportunities for conservation action by municipal and regional governments in the Okanagan. Implementation of the BCS will be a significant component of the OCCP’s work in the near future. The OCCP is an umbrella initiative with close to 30 government and non-government partner organizations working towards shared conservation objectives in the region. The RDNO has been an OCCP partner since 2008 and provided in-kind staff support on several collaborative projects, including the Kalamalka Lake Foreshore Inventory Mapping and Middle Shuswap Sensitive Ecosystem Inventory initiatives. The OCCP Coordinator, Carol Luttmer, appeared as a delegation at the Board of Directors Regular Meeting of February 18, 2015. Her presentation provided an update on the OCCP’s activities and the recently completed BCS. The Board of Directors were asked to consider contributing $10,000 to OCCP for 2015/2016 core funding. As the RDNO does not have a grant function, it was noted that “potential opportunities for contract services with the Okanagan Collaborative Conservation Program will be considered in the 2015 work plan.” Since then, OCCP has made a request to access funding support through the Community Works Fund for the development of an Engagement and Communication Plan for the implementation of the BCS. Utility of the Biodiversity Conservation Strategy The BCS provides information and a framework for conservation actions to be undertaken by a range of organizations in the Okanagan region including local governments. With respect to the RDNO the information, data and mapping that are apart of the BCS can support a number of conservation actions. These include the development of policy and tools for the protection of sensitive ecosystems throughout the region, such as development permit areas. The BCS also supports parks planning especially with respect to future acquisitions to maximise biodiversity conservation and connectivity. Page 72 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.6 CWF #105 Report to EAAC – May 22, 2015 Page 2 The BCS provides a sound framework for all organizations interested and active in local conservation initiatives to work from. Through its implementation by the OCCP, the BCS increases the capacity for conservation action within the Okanagan region, focusing resources and facilitating efficiencies through partnership actions. By providing funding to the OCCP and its delivery of the BCS, the RDNO can support an organization that actively pursues on the ground and education related conservation projects in a collaborative manner and channels significant amounts of grant and senior government funding into the Okanagan. Biodiversity Conservation Strategy Connection to Regional Growth Strategy Policy The RDNO Regional Growth Strategy (RGS) includes a series of environmental policies that are supported by development and implementation of the BCS. The following strategies are fulfilled by the development of the BCS: • ENV‐2.1: in collaboration with the appropriate agencies and organizations, identify, prioritize and map all ecosystems and important habitat features in the North Okanagan and ensure this information is used in local, regional and provincial land use processes. • ENV‐2.2: expand sensitive ecosystem mapping to complete a regionally consistent North Okanagan ecosystem inventory. • ENV‐2.3: support data sharing, mapping, and consolidation of existing information into an inventory of Southern Interior ecologically sensitive areas and biodiversity values. • ENV‐2.4: identify a system of linked wildlife corridors and areas of habitat connectivity, in partnership with the province and relevant parties, which will inform planning decisions with the goal of avoiding further fragmentation. • ENV-2-12: consider supporting partnership initiatives that would undertake the development a regional biodiversity strategy. Implementation of the BCS, including the development of an Engagement and Communication Plan, will support the following strategies: • ENV-2.5: develop a regionally consistent policy approach to ecosystem and species protection. • ENV-2.6: encourage the sustainable management of parks and natural areas. • ENV-2.7: engage the community through stewardship and education to improve environmental awareness. • ENV-2.8: coordinate on the establishment of regionally significant open space networks and linkages across jurisdictional boundaries that will compliment local parks planning. • ENV-2.9: support opportunities and partnerships that promote environmental conservation and ecosystem protection. • ENV-2.10: designate and protect significant open spaces and environmentally sensitive areas in Official Community Plans and through other planning mechanisms. Supporting the OCCP in the implementation of the BCS by providing funding for the development of an Engagement and Communication Plan, will ensure that the BCS is presented to a wide range of audiences and implementation actions are coordinated. This will facilitate moving the strategy “off the shelf” to action. Page 73 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.6 CWF #105 Report to EAAC – May 22, 2015 Page 3 Broader Benefits of Biodiversity Conservation The BCS provides a framework for biodiversity conservation actions which have broader benefits for the region. As noted in the article The Value of Natural Capital in the Okanagan 1, “natural ecosystems and biodiversity provide humans with a range of provisioning, regulating, and cultural services upon which we depend for our quality of life and well-being. Examples include: food, raw materials, clean air and water, erosion protection, water flow regulation including flood mitigation, biological pest control, pollination, soil generation and retention, aesthetics and recreational opportunities. Such services are provided for free, and are typically taken for granted until they are lost and human communities begin to experience the negative impacts of those lost services (e.g., increased water treatment costs, respiratory problems due to poor air quality, reduced crop yields as native pollinator populations decrease, beach closures due to water quality advisories, etc.)”. “While it is difficult, and, some may argue, ethically inappropriate, to attach a monetary value to nature, humans do derive economic benefits from many ecosystem services. These economic benefits, as well as the costs of replacing ecosystem services with a technical solution, can be estimated... the total monetary value of ecosystem services provided by the present day Okanagan landscape is estimated to be $6.7 billion annually. The total value of $6.7 billion/year for the Okanagan likely represents a minimum rather than a maximum value because some ecosystem services (e.g., aesthetics, First Nations cultural values, value of habitats that support rare or endangered species) are not accounted for in the calculation due to the difficulty of attaching a monetary value to them. This calculation is provided for the purposes of raising awareness of the economic value of our natural capital, with the intent of stimulating discussion and interest around the value of ecosystem services provided by the Okanagan landscape”. As outlined above, there are numerous benefits to ensuring the regions environment is maintained and protected. The BCS provides a strong baseline of local and regional conditions as well as recommendations to ensure a healthy and sustainable future. Costs The budget for the development of an Engagement and Communication Plan for the implementation of the BCS is $29,012.50, with $10,010.00 being requested from the RDNO through the CWF. The remainder of funding is being sourced from the Real Estate Foundation of BC ($91,300 over three years for implementation of the BCS, including the Engagement and Communication plan), Central Okanagan Regional District ($10,000), Environment Canada, and other OCCP partners. The Real Estate Foundation funding is pending matching funds which an RDNO contribution could contribute to along with the contribution from CORD and any approved funding from Environment Canada (OCCP has applied to three Environment Canada funding streams, with approval in June 2015). This means an RDNO contribution would leverage 100% additional funding. 1 http://complexity.ok.ubc.ca/2014/10/30/the-value-of-natural-capital-in-the-okanagan/. Dr. Lael Parrott, Associate Professor UBCO & Catherine Kyle, PHD Candidate UBCO. Page 74 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.6 CWF#105 Report to EAAC- May 22 , 2015 Page4 Community Works Fund The project to develop an Engagement and Communication Plan for the implementation of the BCS has been assessed utilizing the Regional District of North Okanagan Community Works Fund Tier 2 project assessment. The assessment and project outline are attached to this report for your review and information. The project meets the criteria of the Community Works Fund under the capacity building category. SUMMARY: The Okanagan Collaborative Conservation Program (OCCP) , in conjunction with the South Okanagan Similakameen Conservation Program, completed a Biodiversity Conservation Strategy (BCS) for the Okanagan Region in 2014. The BCS provides a "big-picture" view of the status of regional biodiversity and highlights future conservation priorities, including strategic directions and opportunities for conservation action by municipal and regional governments in the Okanagan. The OCCP is pursuing the development of an Engagement and Communication Plan for implementation of the BCS and is requesting $10,010.00 from the RDNO through the CWF. Contributions from other funders are being sought and some have already been secured. An RDNO contribution would leverage 100% additional funding as it could be used as required matching funding for the Real Estate Foundation grant. It is recommended that the Engagement and Communications Plan for the BCS be funded from the Community Works Fund. Submitted by: .--·· A{:/ 9 Fia1e Anna Sustainability Coordinator Rob Smailes, MCIP, RPP General Manager, Planning and Building Page 75 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.6 Community Works Fund Project Assessment – Tier 2 Over $8,000 Date: May 22, 2015 Project #: 105 Recipient: Okanagan Collaborative Conservation Program Project Cost: $10,010.00 – Total project cost $29,012.50, with remaining funds being sourced from other funders. Project Description: The development of an Engagement and Communication Plan for the implementation of the Biodiversity Conservation Strategy. The engagement of various levels of government, First Nations, NGOs, members of the public, funders, and non-traditional partners, such as the Development and Real Estate sectors, is essential to successful implementation of the Biodiversity Conservation Strategy. The OCCP has identified specific communication tools and methods to engage these decision-makers and stakeholders. In order to ensure efficient and effective use of resources, the OCCP needs a defined engagement and communication plan to prioritize the use of tools and methods. The plan will also aid the further development of a sustainable funding strategy, which will continue to bring resources to the Okanagan to support conservation projects. Project Eligibility Yes Eligible funding recipient? Eligible costs? Explanation Okanagan Collaborative Conservation Program – not for profit organisation If project is related to a building, is the building primarily used for public good? Benefits of the Project – Yes Explanation Benefit to local community Benefit to Electoral Area Benefit to more than one Electoral Area Benefit to all Electoral Areas Benefit to entire Regional District The Biodiversity Conservation Strategy provides a “big-picture” view of the status of regional biodiversity and highlights regional conservation priorities for the future. Page 76 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.6 Does the Project meet funding agreement categories? Project Category Yes Public Transit – infrastructure that supports a shared passenger transport system available for public use Community Energy Systems – infrastructure that generates or increases the efficient use of energy Drinking Water – infrastructure that supports drinking water conservation, collection, treatment and management systems Wastewater – infrastructure that supports wastewater and storm water collection, treatment and management systems. Solid Waste – infrastructure that supports solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage. Capacity Building – investments related to strengthening the ability of local governments to develop long-term planning practices 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. Page 77 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.6 Does the Project work towards achieving one of the three key national objectives and incorporate the principles of Sustainability? Fund Priorities Yes Productivity and Economic Growth (Economic) Clean Environment (Environmental) Strong Cities and Communities (Social) Explanation Ecosystem services support productivity and economic growth on multiple levels, including providing natural resources for use, favorable conditions to live in, and natural features that attract visitors. In addition to the value biodiversity brings, there is a cost associated with a loss of biodiversity and the services provided, such as the cost to treat water, health costs from poor air quality etc. The Biodiversity Conservation Strategy, by its very nature, will lead to environmental protection and conservation. Biodiversity is vital for the health and strength of our communities providing a wealth of natural capital including ecosystem services, supporting food production and providing recreation opportunities. Other benefits of the Project Project Benefits Education value Public Awareness (media opportunities) Leverage of additional resources (funds, volunteer time, in-kind contributions) Yes Explanation The engagement and communication plan will include methods and tools that have an education and information provision component. Developing the engagement and communication plan will include methods for raising public awareness of the Biodiversity Conservation Strategy. OCCP is accessing and seeking funds from other funders including CORD, Env Canada and Real Estate Foundation (which requires matching funds that an RDNO contribution could fulfill). Integration with other Regional District of North Okanagan initiatives The Biodiversity Conservation Strategy supports a series of environmental policies within the Regional Growth Strategy and can support local government conservation actions including the development of policy and tools for the protection of sensitive ecosystems throughout the region, such as development permit areas. Page 78 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.6 Justification for prioritisation of project The Biodiversity Conservation Strategy provides a “big-picture” view of the status of regional biodiversity and highlights future conservation priorities, including strategic directions and opportunities for conservation action in the Okanagan. Through its implementation by the OCCP, the BCS increases the capacity for conservation action within the Okanagan region, focusing resources and facilitating efficiencies through partnership actions. The development of an Engagement and Communication Plan for the strategy is a critical component of implementation. Distribution of Funds All Staff Recommendation That the Biodiversity Conversation Strategy Engagement and Communication Plan be funded. Page 79 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.6 Engagement & Communication Plan for the Biodiversity Conservation Strategy Background The North Okanagan Regional District (RDNO) supported the creation of a biodiversity conservation strategy in its 2011 Regional Growth Strategy (see Goal Env - 2 - 12). In 2014, the Okanagan Collaborative Conservation Program (OCCP) in collaboration with the South Okanagan Similkameen Conservation Program (SOSCP) completed A Biodiversity Conservation Strategy for the Okanagan Region (BCS), which provides a “big-picture” view of the status of regional biodiversity and highlights conservation priorities for the future, including strategic directions and opportunities for conservation action by municipal and regional governments in the Okanagan. The OCCP is a partnership of over 35 organizations, including: all levels of government; non-government organizations, such as stewardship groups, land trusts, and naturalists' clubs; and academia and education organizations. The mandate of the OCCP is to coordinate and facilitate conservation and stewardship efforts on public and private lands, set conservation and stewardship goals and objectives, and to generate the support and resources needed to maintain this effort. This mandate, and many of the strategic directions outlined in the BCS, strongly align with the goals identified under the Environment and Natural Lands section, Goal ENV -2 Protect our Parks, Natural Areas and Open Spaces of the RDNO Regional Growth Strategy. The OCCP currently receives financial support from a variety of organizations and agencies, including federal, regional and local governments, granting agencies such Telus, Real Estate Foundation of BC, and Vancouver Foundation, and private sponsorship (e.g., Fortis, BC Hydro). Over the last 4 years, 3% of funding for projects has come from the North Okanagan Regional District, 5% from the Central Okanagan Regional District, 81% from grants and sponsors, 3% from municipalities, and 3% from other sources. Statement of Need for an Engagement and Communication Plan The engagement of various levels of government, First Nations, NGOs, members of the public, funders, and non-traditional partners, such as the Development and Real Estate sectors, is essential to successful implementation of the Biodiversity Conservation Strategy and realization of the environmental goals in the RDNO Regional Growth Strategy. The OCCP has identified specific communication tools and methods to engage these decision-makers and stakeholders. These methods and tools include Informing (e.g., the development and distribution of education and outreach tools, presentations to stakeholders, maintenance of a website, newsletters, reporting out to partners and funders); Consulting (e.g., one-on-one discussions, workshops, and/or surveys to identify priorities, support required and available resources); and Facilitating Collaboration (e.g., workshops, partnership meetings, coordination of 'action teams' that oversee the completion of specific projects that realize conservation goals). In order to ensure efficient and effective use of resources, the OCCP needs a defined engagement and communication plan to prioritize the use of these tools and methods. The plan will also aid the further development of a sustainable funding strategy, which will continue to bring resources to the Okanagan to support conservation projects. Project Description This project will engage OCCP partners in the development of an engagement and communication plan for the implementation of the Biodiversity Conservation Strategy. This project is one component of the overall implementation of the BCS. The OCCP has already developed a Governance Plan, which identifies the roles and responsibilities of each component of the organization in supporting or leading projects that realize conservation goals. The OCCP has also developed a Monitoring and Evaluation Plan for tracking progress towards conservation goals. An Engagement and Communication Plan is a critical component, complementing the already existing Governance, and Monitoring and Evaluation Plans, in ensuring the OCCP can move forward in implementation of the BCS in an effective and efficient manner. Page 80 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.6 Engagement & Communication Plan for the Biodiversity Conservation Strategy Deliverables • Strategic planning training and working sessions for key OCCP partners (including RDNO) and OCCP staff • Workshop with all of OCCP’s Partners and Associates • Biodiversity Conservation Strategy Communication & Engagement Plan Budget Item Total Project Cost Expert Support for strategic, communication and engagement planning (contractor) Workshop with all OCCP Partners & Associates- Coordination and implementation Development of final engagement & communication plan and integration with governance and monitoring and evaluation plans; Coordination of Partner input and consultations Overhead & admin fees Total RDNO Portion $8,000.00 $3,100.00 $11,025.00 $3,000.00 $7,350.00 $2,637.50 $29,012.50 $3,000.00 $910.00 $10,010.00 Note: Budget represents cash only. Budget does not include in-kind support from partners for their participation, for providing meeting rooms, and administrative support (e.g., Central Okanagan Regional District provides office space for OCCP staff). Other funding for this project is provided by Environment Canada, Real Estate Foundation of BC, Central Okanagan Regional District, and other OCCP Partners. Funding has also been secured and/or requested from these and other funders for specific projects that support the Biodiversity Strategy, such as: a workshop in the RDNO with BC Wildlife Federation on best management practices and methods for wetland conservation; support to the Cherry Ridge Watershed Study; a display on soil biodiversity for RDNO Environment Week and for ongoing use by education centres; developing a model to support parkland acquisitions; mapping of lands where development is imminent so that protection of sensitive ecosystems can be maximized during the pre-development planning stage; and a collaborative project with UBC-Okanagan on identifying and protecting habitat corridors and ecosystem services. Page 81 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.7 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 3046.01.04 TO: Electoral Area Advisory Committee FROM: Planning Department DATE: May 22, 2015 SUBJECT: Community Works Fund Project #106 RECOMMENDATION: That it be recommended to the Board of Directors, the Water Quality Monitoring Cosens Bay – Year II study be funded from the Electoral Area “B” allocation of the Community Works Fund at a cost of $10,023.00. DISCUSSION: A water quality monitoring study was undertaken in Cosens Bay, Kalamalka Lake in 2014. The study involved a water quality and periphyton sampling program to determine if there is any influence or impact from septic systems in this area. The results of the 2014 study indicated the impact of cottage development on Cosens Bay water quality was minor and not statistically significant. In summary, impacts from the cottage area of Cosens Bay are still possible but there was no supporting water quality data and only a subtle impact was detected in periphyton data from this study. However, the results would gain statistical strength if the study was repeated for an additional year. The proposed 2015 study involves part two of a water quality sampling program in Cosens Bay. It will build on the 2014 study and strengthen the results determining if there is any influence or impact from septic systems in this area. There is a mixture of modern homes and older cottages stretching along 3 km of Cosens Bay shoreline. Approximately 100 predominantly seasonal dwellings are perched on the rocky shoreline and soil cover is generally thin. The proposed sampling would contrast water quality and periphyton growth in the fall to that of the summer months to see if the seasonal peak in septic system use caused any detectable impacts on Cosens Bay. Costs The costs for the 2015 study are $10,023.00. The travel time to / from Kelowna, sample delivery to the laboratory, preparation time, etc. have been split among the three parties interested in sampling Kalamalka Lake (Lake Country, Greater Vernon Water and Electoral Area “B”), minimizing the cost of this project. Community Works Fund The Cosens Bay Water Quality Monitoring Study has been assessed utilizing the Regional District of North Okanagan Community Works Fund Tier 2 project assessment. The assessment and project proposal are attached to this report for your review and information. The project meets the criteria of the Community Works Fund under the capacity building category. Page 82 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.7 CWF#106 Report to EAAC - May 22, 2015 Page2 SUMMARY: It is recommended that the Water Quality Monitoring Cosens Bay - Year II , be funded from the Community Works Fund at a cost of $10,023.00. Submitted by: Anna Page;; Sustainability Coordinator Endorsed by: ~~ Rob Smailes, MCIP, RPP General Manager, Planning and Building Page 83 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.7 Community Works Fund Project Assessment – Tier 2 Over $8,000 Date: May 22, 2015 Project #: 106 Recipient: RDNO Project Cost: $10,023.00 Project Description: Water Quality Monitoring Cosens Bay – Year II The proposed study involves part two of a water quality sampling program in Cosens Bay to determine if there is any influence or impact from septic systems in this area. Originally conceived as a one-year study, the 2014 results indicated significant benefit from running the program for a second year with minor changes. Project Eligibility Yes Eligible funding recipient? Explanation Eligible costs? If project is related to a building, is the building primarily used for public good? The proposed project would inform the development of a possible Local Area Plan for Cosens Bay and works towards the goals and objectives of the Kalamalka Lake Water Protection Plan, both of which qualify under the Capacity Building category. N/A Benefits of the Project Yes Benefit to local community Explanation Will provide water quality information on Kalamalka Lake, Cosens Bay area for residents who use the water courses for recreational and water intake purposes. Benefit to Electoral Area Benefit to more than one Electoral Area Benefit to all Electoral Areas Benefit to entire Regional District Water quality information on Kalamalka Lake, Cosens Bay area will provide baseline information for the whole Kalamalka Lake system and is complimentary to the main body Kalamalka lake monitoring program. Page 84 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.7 Does the Project meet funding agreement categories? Project Category Yes Public Transit – infrastructure that supports a shared passenger transport system available for public use Community Energy Systems – infrastructure that generates or increases the efficient use of energy Drinking Water – infrastructure that supports drinking water conservation, collection, treatment and management systems Wastewater – infrastructure that supports wastewater and storm water collection, treatment and management systems. Solid Waste – infrastructure that supports solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage. Capacity Building – investments related to strengthening the ability of local governments to develop long-term planning practices 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 and incorporate principles of Sustainability? Fund Priorities Productivity and Economic Growth (Economic) Yes Explanation Degraded water quality in Cosens Bay would impact residents drinking water supplies and use of the lake for recreation. Having knowledge of water quality and being able to take action on degradation will help protect the waterways for all uses and users Page 85 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.7 Clean Environment (Environmental) Strong Cities and Communities (Social) If the water quality monitoring program indicates that there are significant impacts on the water quality in Cosens Bay, further work could be undertaken to reduce impacts. As a well utilized recreation asset, and a valuable wildlife habitat area, Cosens enhances the community providing for healthy residents. Other benefits of the Project Project Benefits Yes Education value Public Awareness (media opportunities) Leverage of additional funds Explanation If the water quality assessment indicates that the surrounding land uses and waste water are negatively impacting Cosens, education and awareness programs could be informed by the results. Integration with other Regional District of North Okanagan initiatives The RDNO is involved with a number of projects that involve the monitoring of water quality in significant water bodies within the region including the Shuswap River and Swan Lake. This project is consistent with these and will inform broader discussions regarding the Cosens Bay planning. Justification for prioritisation of project The recently updated Electoral Area B and C Official Community Plan includes policy 6.2.1 “The Regional District will consider undertaking the development of a Cosens Bay Local Area Plan to address unique challenges and constraints to development and sustainability”. The Cosens Bay Water Quality Monitoring Program would inform the development of any future local area plan. Completing a second year of monitoring will also enlarge the data set and increase statistical strength. Distribution of Funds Area B Staff Recommendation That the Water Quality Monitoring Cosens Bay – Year II be funded Page 86 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.7 Cost Estimate Proposal for Kalamalka Lake Sampling – Cosens Bay, 2015 Prepared for: Regional District of North Okanagan, Sustainability and Planning 9848 Aberdeen Rd., Coldstream, BC V1B 2K9 Periphyton Sampler deployed in Cosens Bay 2014 Page 87 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.7 Study Purpose: The proposed study involves part 2 of a water quality sampling program in Cosens Bay to determine if there is any influence or impact from septic systems in this area. Originally conceived as a one-year study, promising results indicated significant benefit from running the program for a second year with minor changes. There is a mixture of modern homes and older cottages stretching along 3 km of Cosens Bay shoreline. Approximately 100 dwellings are perched on rocky shoreline and soil cover is generally thin. The proposed sampling would contrast water quality and periphyton growth in the fall to that of the summer months to see if the seasonal peak in septic system use caused any detectable impacts on Cosen’s Bay. Proposed Study Design: LAC proposes to use the same sampling times as the Year 1 Cosens Bay study and the Kalamalka Long-Term Monitoring Project. Chemistry samples will go to Caro Labs, Kelowna and algae/microflora samples will be identified by LAC. Collecting a sub-set of the parameters already analyzed on Kalamalka Lake samples using the same methods, labs and dates means that the Cosens data can be compared against the main body of Kalamalka Lake data. A list of water quality parameters that may be of interest to RDNO in Cosens Bay at an approximate cost of 139.00 per sample from Caro Labs include: NUTRIENTS: Nitrogen (Total, Nitrate + Nitrite, ammonia) Phosphorus (Total and dissolved, low detection) GENERAL: Turbidity, Conductance, pH, Sulphate, Chloride BACTERIOLOGICAL: E. coli This list is compatible with the list currently used for Kalamalka Lake samples. We would continue with sampling near-shore using batched samples to keep costs down. This would involve batching 5 sub-samples from one sample site into a single sample. LAC would establish and GPS 3 sites in the suspected impact area and 1 in an undeveloped area as a reference control site. We will take advantage of the already completed SHIM (Sensitive Habitat Inventory Mapping) to help with site selection. The total sample load would be 4 samples per sampling trip. We would suggest sampling in July, August, September and October when the lake is still stratified, for a total of 16 samples plus a replicate sample. The advantages of confining the sampling to these months includes: Avoiding the confounding influences of whole-lake circulation Page 88 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.7 Avoiding the confounding influences of freshet (spring run-off) The proposed months have long day-length and span two high-use inhabited months and two low-use months In the first year of this study water quality samples did not prove as sensitive to impacts as the periphyton in Cosens’ Bay. We would continue with periphyton - the algae attached to rocks near shore and water quality. In both cases, a larger data set from both 2014 and 2015 will increase statistical strength. In 2015, we would put out artificial substrates to avoid having problems with differences in algae arising from differences in the natural substrates they are growing on. For statistical analysis of the results, we would deploy 5 samplers for July/August (60 day deployment) versus 5 samplers for Sept/Oct (60 day deployment) to give us workable data. The artificial substrate of choice is honed stone tiles mounted in anchoring frames. These samplers would be deployed at one meter depths in non-shaded areas, and be equipped with temperature/light loggers. A known surface area would be sampled from the tiles at the end of each deployment. Periphyton samples would be cut and protected in the field to prevent damage in transit and the loss of usable sample surfaces. Two samples would be collected from the samplers. One sample set would be sent to Caro Labs for volatile solids (ash-free dry weight (AFDW)) and dry weight analysis. The dry weight includes inorganic silts, marl etc, while the volatile analysis includes only the organic algae/biofilm component. The second sample set would be analyzed by LAC for taxonomy and cells counts. We did this work on Cosens Bay in 2014. The effort saved by sampling only stone tile (not styrofoam as well) can be used to add a small project during 2015 in which nutrient enrichment agar dishes mounted with stone tiles would be compared to the regular tiles to see if periphyton growth is saturated or nutrient limited. We would use N only, P only and N+P enriched trials in areas of Cosens Bay not under study. The effect of these small petri-dish trials will be negligible on Cosens Bay water quality, but will answer which nutrient(s) control productivity. The 2014 data suggested that phosphorus was the controlling nutrient. During 2015 field work, long-shore currents can be monitored using drogues to determine the effects of the docks on long-shore currents and this may help explain the elevated deposition rates noted in 2014 data. LAC would then propose to prepare a brief stand-alone report for Cosen’s Bay, using both the 2014 and 2015 data. We would suggest that Kalamalka Lake reports be shared among the funding partners since possible impacts of septic systems would be of interest to the municipalities and general trends in Kalamalka Lk would also affect Cosen’s Bay. Page 89 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.7 The conclusions from the 2014 study include: No statistically significant impacts of the cottage development were detected in the water quality samples collected during 2014. For example, conclusive effects of the cottage development were not detected in nitrogen or phosphorus analyses. At this point, the detected impact of the current level of cottage development on the near-shore periphyton during the summer high-use period is measurable but not disruptive of community structure. However, this does not mean that further development or increased use of the cottage area would be advisable. No influence from creeks or springs was detected in the 2014 water quality samples from Cosens Bay. Increased marl sediment deposition may be occurring around docks. The impact of the Cosens Bay cottage area on Kalamalka Lake as a whole would be below statistical significance and likely below detection limits. The same cannot be said for other influences on Kalamalka Lake such as Coldstream Creek and Wood Lake inputs. Proposed 2015 Study Cost: Like 2014, in this 2015 proposal, we have split the travel time to / from Kelowna, sample delivery to labs, prep. time etc., among the three parties interested in sampling Kalamalka Lake. The total proposed cost in 2015 is 10,023.00 (Caro = 2723.00 LAC = 7300.00) LAC charges are unchanged from 2014. This 2015 cost estimate will not be exceeded without permission. Additional work will be accepted as time permits. All equipment will be provided by LAC at no additional cost to RDNO. RDNO staff are welcome to call with questions or observations during the study period. This Cosens Bay study could be repeated at regular intervals to watch for long-term change. A program interval such as every 5 years or following new development or redevelopment would be appropriate. If you have any questions or comments on this proposal, please don’t hesitate to call. Mrs. H. Larratt Aquatic Biologist, R.P. Bio Page 90 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.7 Cosens Bay Sampling Proposal Personnel Consulting and Analysis LAC LAC LAC H.L. J.S. B.L. 100 Rate per hour 45 LAB Caro Disbursements vehicle office boat supplies total for task 45 Project Management Project admin 2 90 Research Review of septic effluents 5 225 Sampling 4 monthly water quality sample trips 10 10 deploy/retrieve periphyton samplers 6 6 Analyses Caro water quality samples (17) Caro AFDW/DW samples (20) Algae identification and enumeration 1160 540 139 18 20 Data Analysis compilation of data data analysis graphics preparation 260 2363 360 2000 4 15 2 Reporting draft report final report preparation final report submission 5 2 20 10 2 180 675 90 100 100 1500 650 190 Project Total 10,023 Caro = 2723.00 LAC = 7300.00 Personnel: HL - Heather Larratt JS - Jamie Self BL - Bruce Larratt (Note increased lab costs with replicate sample, 2015 pricing) Page 91 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.8 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 3046.01.04 TO: Electoral Area Advisory Committee FROM: Planning Department DATE: May 22, 2015 SUBJECT: Community Works Fund #108 RECOMMENDATION: That it be recommended to the Board of Directors, the Gardom Creek Baseline Assessment be funded from the Electoral Area “F” allocation of the Community Works Fund at a cost of up to $40,000.00. DISCUSSION: Flooding in late winter and early spring significantly affects properties that Gardom Creek runs through below Highway 97. The Farmland Riparian Interface Stewardship Program (FRISP) was requested by the Area Director to make recommendations on flood mitigation and strategies to work with landowners. FRISP has developed a project description and draft budget for the development of a remediation plan for Gardom Creek. The assessment will include properties below Highway 97 and will provide prescriptions to mitigate flooding in a system that has historically been channelized, ditched and diverted through a series of culverts and is experiencing increased flow levels. The remediation plan will take a collective approach to remediation and engage the land owners in a process that includes education with respect to the fact that creeks do flood at times, and promotes stewardship and greater understanding so that at least human made impacts can be improved. Community Works Fund The Gardom Creek Baseline Assessment has been assessed utilizing the Regional District of North Okanagan Community Works Fund Tier 2 project assessment. The assessment and project proposal are attached to this report for your review and information. The project meets the criteria of the Community Works Fund under the capacity building category. SUMMARY: It is recommended that the Gardom Creek Baseline Assessment, be funded from the Community Works Fund at a cost of up to $40,000.00. Page 92 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.8 CWF #108 Report to EAAC- May 22,2015 Page2 Submitted by: Anna Pag'i? Sustainability Coordinator ~-pp(oved for lnclusi' n: ' I Page 93 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.8 Community Works Fund Project Assessment – Tier 2 Over $8,000 Date: May 22, 2015 Project #: 108 Recipient: Farmland Riparian Interface Stewardship Program Project Cost: Up to $40,000.00 Project Description: Gardom Creek Baseline Flow Assessment Development of a remediation plan for Gardom Creek below Highway 97 to mitigate flooding in a system that has historically been channelized, ditched and diverted through a series of culverts and is experiencing increased flow levels. The remediation plan will take a collective approach to remediation and engage the land owners in a process that includes education with respect to the fact that creeks do flood at times, and promotes stewardship and greater understanding so that at least human made impacts can be improved. Project Eligibility Yes Eligible funding recipient? Eligible costs? Explanation The Farmland Riparian Interface Stewardship Program is an eligible recipient Expenditures related to strengthening the ability of Local Governments to improve local and regional planning. If project is related to a building, is the building primarily used for public good? Benefits of the Project – Yes Benefit to local community Explanation The Gardom Creek Assessment will provide prescriptions to mitigate flooding and information to promote stewardship and greater understanding of the system by local landowners. Benefit to Electoral Area Benefit to more than one Electoral Area Benefit to all Electoral Areas Benefit to entire Regional District Page 94 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.8 Does the Project meet funding agreement categories? Project Category Yes Public Transit – infrastructure that supports a shared passenger transport system available for public use Community Energy Systems – infrastructure that generates or increases the efficient use of energy Drinking Water – infrastructure that supports drinking water conservation, collection, treatment and management systems Wastewater – infrastructure that supports wastewater and storm water collection, treatment and management systems. Solid Waste – infrastructure that supports solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage. Capacity Building – investments related to strengthening the ability of local governments to develop long-term planning practices 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. Page 95 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.8 Does the Project work towards achieving one of the three key national objectives and incorporate the principles of Sustainability? Fund Priorities Yes Productivity and Economic Growth (Economic) Clean Environment (Environmental) Strong Cities and Communities (Social) Explanation Flooding in Gardom Creek can have significant economic impacts on the affected landowners. Providing prescriptions for flood mitigation, will minimize future flooding impacts. Gardom Creek has fisheries values and the present conditions maybe creating potential fish stranding when flood waters recede. Flood mitigation prescriptions will be developed in a manner that will also protect fishery habitat values. The current condition of Gardom Creek presents flooding risks to the landowners, affecting land and threatening buildings. Improvements to the Creek will decrease these threats. Other benefits of the Project Project Benefits Education value Yes Explanation The assessment will include an educational element, as landowners need to recognize that Gardom Creek will experience flooding at times. The process will also promote stewardship, linking in with the environmental farm plan program. Public Awareness (media opportunities) Leverage of additional resources (funds, volunteer time, in-kind contributions) A component of the assessment will be exploring options for implementation funding which cannot come from the Community Works Fund. The prescriptions designed and permitting established through the assessment would allow for implementation to proceed either with the landowner covering costs or outside funding sources secured. Funding may come from partnerships with the Environmental Farm Plan, Pacific Salmon Foundation, Habitat stewardship Program and other sources related to habitat restoration. Integration with other Regional District of North Okanagan initiatives Gardom Creek is a tributary of the Shuswap River and improving its condition from a flood and fisheries habitat perspective, will contribute to overall watershed health. Page 96 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.8 Justification for prioritisation of project Concern with respect to flooding on Gardom Creek is consistent amongst the affected community and by supporting the development of the assessment, which will include the development of prescriptions and applying for a group plan under the Water Act regulations, will assist in removing the barriers which the landowners currently face. Distribution of Funds Electoral Area F Staff Recommendation That the Gardom Creek Baseline Assessment be funded. Page 97 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.8 T Farmland Riparian Interface Stewardship Program TECHNICAL MEMORANDUM Date: May 21, 2015 To: Regional District of North Okanagan Attention: Herman Halverson, Anna Page Re: Gardom Creek Baseline flow assessment looking at Flood Protection, Channel Capacity, and Fish Habitat Restoration considerations Introduction FRISP has been requested by Herman Halverson, Regional District of the North Okanagan Rural Director Area F to make recommendations on Gardom Creek below Hwy 97 A down to the Shuswap River. Flooding is impacting properties in the lower 3.7 km of creek corridor as it runs through a series of farms and acreages, the community of Grinrod before entering the river. Like other smaller drainage systems in the southern interior we are seeing problems with flooding as we are experiencing increased flow levels in a creek system that has been channelized or ditched then diverted through a series of culverts for over 100 years. FRISP working with Herman has started the dialogue with landowners and stake holders within the community discussing a watershed based restoration approach. In that light I have been asked to put forward a concept and budget on how things would proceed if Regional District was to support further planning to proactively mitigate flooding. The following is a draft outline of how I see a common sense recovery plan could be developed bringing the stakeholders on Gardom Creek together so that work can start recovery sooner than later. I will also emphasis that this is a education exercise as well as the landowners do need to recognize Gardom Creek as a creek which comes with flooding sometimes. The stake holder engagement would promote stewardship and greater understanding so that at least man made impacts can be improved. Page 98 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.8 I would look at developing a remediation plan in stages allowing for adjustments and making sure we have landowner cooperation which will be critical for actual work to proceed. I would look at engaging Fisheries and Oceans Canada and the Secwepemc Fisheries Commission represented by Adam Neil with the Splatsin people right from the start as well. This will bring 2 of the key players who will have say over what proceeds through the permitting process to being part of the recovery plan right from the start. Stage 1 Landowner engagement, to confirm access to conduct a walk through of the entire creek system and to get a better feeling to what the community is thinking FRISP would develop a information sheet and small survey requesting landowner feedback to a assessment being completed. This would be delivered through Regional District to the landowners. While we have meet with some of the landowners we need to reach all of them in a quick and efficient manner. I will also follow up with the landowners who attended our open house in Grindrod asking for help in contacting neighbours for support in having responses. Budget: $5000.00 Stage 2 Working with the Splatsin resource management staff a complete walk through and assessment would be conducted. Restriction points would be identified and some landowner dialogue would be required to discuss past management history. This would allow for a site list to be developed to take back to the community with draft prescriptions. Fisheries and Oceans engineering support will be requested to conduct survey work for elevation levels. Budget: $15,000.00 Stage 3: Taking it back to the community would involve a open house and follow up dialogue with individual landowners and stakeholders as often cooperation and dialogue will be required between neighbours and other interests. Budget: $5,000.00 Stage 4: Working again with Splatsin, prescriptions and budgets would be completed for individual sites. While we have a idea of what we will see and we know we have problems, it is a hard call on how many sites will need to be designed and what it will take to have a group plan accepted under the current Water Act regulations for working in and about a stream. Budget: $15,000.00 Total draft budget. $40,000.00 Page 99 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.8 Lower Gardom Creek below 97A to confluence with the Shuswap River: 3.1 km section experiencing flooding Area of discussion: The creek system below Hwy. 97 to the Tompkinson Road culvert runs approximately 2.3 km. Looking from Hwy 97A. Restricted culverts has led to flooding and raised water tables impacting residences and fields along Gardom Creek. Page 100 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.9 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 0530 TO: Board of Directors FROM: General Manager, Electoral Area Administration DATE: June 9, 2015 SUBJECT: Regional Growth Strategy- Five-Year Review Draft Terms of Reference RECOMMENDATION: That the June 9, 2015 report titled, 'Regional Growth Strategy - Five-Year Review Draft Terms of Reference' be received for information . SUMMARY: The Regional Growth Strategy Five-Year Review Draft Terms of Reference were referred from the Board of Directors to the Electoral Area Advisory Committee for review and comment. DISCUSSION: The Regional Growth Strategy- Five Year Review Draft Terms of Reference were reviewed by the Electoral Area Advisory Committee at their June 4, 2015 meeting. The Electoral Area Directors believe the Regional Growth Strategy remains relevant without need for Standard Amendments at this time . Leah Mellott, General Manager, Electoral Area Administration Officer Page 101 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.12 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 5808.20.060 TO: Greater Vernon Advisory Committee FROM: Parks, Recreation and Culture DATE: June 4, 2015 SUBJECT: Marshall Field Soccer Pitch Maintenance RECOMMENDATION: That the current service levels at Marshall Field be received for information. SUMMARY: As outlined in attachment "A", the City of Vernon provides the level of maintenance at Marshall Field consistent with other soccer fields within the Sub-Regional Parks and Trails Service. Each field is to be ready with acceptable playing conditions by April 10 of each year. Treatment on all fields includes two (2) fertilizer applications (an additional fertilizer treatment was added to Marshall Field), top dressing once per year or as time permits, over seeding on an as needed basis to only damaged areas of the field, and aerating once per year in spring (solid tine). Following a delegation in Fall 2014 by the Vernon Soccer Association regarding the quality of playing surface at Marshall Field, the Board resolved the following: Moved and seconded by Directors Fleming and Cunningham That staff take immediate action to repair the Marshall soccer fields, and in conjunction with funds from the Vernon Soccer Association (VSA), staff be authorized to spend up to $25,000 for field repair in the 2014 Capital Budget; and further, That a scheduling and maintenance plan be developed in partnership with the VSA for Spring 2015. CARRIED In response to this, staff have implemented a field rotation strategy at Marshall Field which involves the removal and resting of one (1) of the five (5) fields which will not be booked for a period of one (1) month between May and September each year. While the field is not being booked or used, an additional treatment of the following takes place which includes: touching up holes or problem areas with sand and seed (as required) sod large areas (as required), additional core aeration, additional over seeding, additional core aeration, additional over seeding, top dress, to %" depth with 50/50 sand and ago-grow mixture. Page 102 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.12 Report to: Greater Vernon Advisory Committee From: Parks, Recreation and Culture Re: Marshall Field Soccer Pitch Maintenance File No.: 5808.20.060 Date: June 4, 2015 Page 2 of2 Currently Field #1 has received the treatment in May 2015 as the first field off rotation. The balance of the fields will receive similar treatment as scheduled in 2015. It is important to note some exceptional factors have played into field conditions in 2015 with a great deal of construction along the western side of the park for the flood control measures associated with Vernon Creek. The construction has lead to some interruptions in the field irrigation which put additional pressure on the fields in an already very dry spring. Other noteworthy challenges existing at Marshall Field in relation to field quality are the spray irrigation water source, which due high pressure lines and sections of pipe infrastructure at-grade creates a problem that water is only available to the site when the risk of freezing is eliminated. This situation puts irrigating fields typically at the end of April which at Marshall Field is much later than others fields in the system which are typically on a domestic service. In addition to spray irrigation, having the soil based fields constructed in low-lying areas provides for challenges for drainage with a high water table. It is expected that field conditions will improve with the additional capital and field rotation scheduling and some fields have responded well to the new treatment. Soil conditions and a challenge to bring early season irrigation to site have and will remain obstacles at Marshall Field which adversely affect playing surfaces. BACKGROUND/HISTORY: The Regional District and the City of Vernon entered into a Parks Management and Operating Contract for the maintenance of the Sub-Regional Parks in 2013 for a three (3) year contract beginning January 1, 2014. Attachment "A". FINANCIAL/BUDGETARY CONSIDERATIONS: The current budget for Operations and Maintenance with the City of Vernon in 2015 is $610,000. ATTACHMENTS: Attachment "A"- Parks Management & Operation Contract (pg. 30, Section 2.5) Page 103 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.12 Attachment "A" Parks Management & Operation Contract 2.5 Page 30 Soccer Fields All soccer fields will be in playing conditions by April 10 of each year subject to weather. It is the responsibility of the City to ensure sports field chalking machines, and sports Held paint for lining of these fields throughout the year are supplied at each location. The supplies and equipment are to be stored in a storage room at each Park site for the use of the sports organizations. Line painting machines will be supplied by the user groups. Level of Service Fields defined as follows: DND: 2 fields Creekside Park: Marshall Park: 4 mini fields 5 fields Aerating Frequency: Once in the spring using solid tine. Fertilizing Frequency: Marshall Field: Three applications per year as follows: First application- prior to April 15 Second application- prior to Jtme 30 Third application- prior to September 30 Creekside and DND:Two applications per year. One application in the spring and one application in the fall. Application rate approximately 1lb. N per 1,000 sq. ft. Comments: Composition of fertilizer shall be determined by soil samples taken, with 90% slow release fertilizer. Fetiilize only when wind conditions are favorable. Area fetiilized is to be watered foJJowing the application. Spreader must be calibrated for each type of fertilizer. Spreader cannot be loaded on grass to avoid fertilizer burn. Top Dressing Frequency: Material: Once a year in September, or when time permits. Sand or sandy loam to be used with a sieve size range between No. 16 and No. 60 for majority of particles (l.Omm- .25mm). Screened top soil may be used as an alternative material depending on field conditions. Over Seeding Frequency: Performed on an as needed basis depending on field condition and typically only to damaged areas Page 104 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 June 5, 2015 TO: UBCM Members ATTN: ELECTED OFFICIALS FROM: Chair Rhona Martin Chair, Nominating Committee RE: Call for Nominations for UBCM Executive UBCM is the collective voice for local government in BC. The membership signals the directions it wants to pursue during the Annual Convention. The members elect an Executive during the Convention to ensure the directions set by the general membership are carried forward. The Executive also provides direction to UBCM between Conventions. This circular is notice of the UBCM Executive nomination process, including information about the positions open for nomination and the procedures for nomination. The deadline for advance nominations is Friday July 31, 2015. 1. Positions Open to Nomination The following Executive positions are open for nomination: • • • • President First Vice-President Second Vice-President Third Vice-President • • • • Director at Large (5 positions) Small Community Representative Electoral Area Representative Vancouver Metro Area Representative (2 positions) Information on the responsibilities and commitments of UBCM Executive members is attached as Appendix B. Information on nominations and elections procedures is attached as Appendix C. The relevant extract from the UBCM Bylaws is attached as Appendix D. 2. Qualifications for Office Each candidate must be an elected official from a UBCM member local government. A candidate for Small Community Representative must be from the council of a village, or a municipality with a population not greater than 2,500. A candidate for Electoral Area Representative must be an Electoral Area Director on a regional district board. A candidate for Vancouver Metro Area Representative must be an elected official from either or both a member municipality of the GVRD, or the GVRD Board. 3. Nomination Process A candidate must be nominated by two elected officials from a UBCM member local government, using the attached nomination and consent form (Appendix A). Page 105 of 135 ubcm.ca BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 The Nominating Committee reviews the qualifications of each candidate. The members of the 2015 Nominating Committee are: • • • • • • Chair Rhona Martin, Immediate Past President, UBCM, Chair Councillor Brian Frenkel, North Central Local Government Association Councillor Chad Eliason, Southern Interior Local Government Association Director Rob Gay, Association of Kootenay & Boundary Local Governments Councillor Corisa Bell, Lower Mainland Local Government Association Councillor Barbara Price, Association of Vancouver Island & Coastal Communities 4. Advance Nominations & Nominating Committee Report The Nominating Committee will prepare a Report on Nominations including, at the candidate’s option, a photo and 300-word biography. The Report on Nominations will be distributed to all UBCM members for their consideration, in mid-August. To be included in this report, nominations must be received by Friday July 31, 2015. Nominations submitted for inclusion in the Report on Nominations are deemed advance nominations. It is to a candidate’s advantage to submit an advance nomination, since the candidate’s name, photo and biography will appear in the Report on Nominations distributed to every UBCM member elected official prior to Convention. 5. Nominations Off the Floor Any qualified candidate may be nominated “off the floor” at the Convention. Nominations from the floor will be solicited at specific times during the Convention. Please refer to the Report on Nominations or the Convention Program for these times. As with advance nominations, the candidate must be nominated by two elected officials from a UBCM member local government. 6. Further Information The Call for Nominations, Nomination & Consent Form, and related background information are available on the UBCM website under Convention > Nominations & Elections. Inquiries about the UBCM Executive nominations process should be directed to: Chair Rhona Martin Chair, Nominating Committee 60-10551 Shellbridge Way Richmond BC V6X 2W9 Chair email: Chair tel: [email protected] 250.517.9471 (cell) 250.836.4509 (home) UBCM Contact: Marie Crawford Associate Executive Director Email: [email protected] Tel: 604-270-8226 ext. 104 1515/60/Call for Nominations-Items/Call for Nominations Page 106 of 135 ubcm.ca BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 ATTACHMENT A 1 NOMINATIONS FOR THE 2015/2016 UBCM EXECUTIVE We are qualified under the UBCM Bylaws to nominate1 a candidate and we nominate: Name: _____________________________________________________________________________________ Position (Mayor/Chair/Councillor/Director): _____________________________________________________ Local government: __________________________________________________________________________ Nominated for: _____________________________________________________________________________ NOMINATED BY: Name: _____________________________________ Name:______________________________________ Position: ___________________________________ Position: ____________________________________ Muni/RD: _________________________________ Muni/RD: __________________________________ Signature: __________________________________ Signature: __________________________________ Date: ______________________________________ Date: ______________________________________ CONSENT FORM I consent to this nomination and attest that I am qualified to be a candidate for the office I have been nominated to pursuant to the UBCM Bylaws2. I will also forward by July 31, 2015 to the Chair of the Nominating Committee, the following documentation: • • • Nomination & Consent Form, completed and signed; Portrait photograph* (resolution: 300 ppi; size: 600x400 px; format: TIFF or JPEG); and Biographical information*. The maximum length of such information shall be 300 words. If the information provided is in excess, the Nominating Committee Chair shall return it once for editing; if it still exceeds 300 words the Nominating Committee Chair shall edit as required. * Photo and bio will be published in the Report on Nominations. CANDIDATE: Name: _____________________________________ Position: ____________________________________ Local government: __________________________________________________________________________ Nominated for: _____________________________________________________________________________ Signature: __________________________________ Date: _______________________________________ Photograph, biographical information, and completed Nomination & Consent Form should be submitted to the attention of the Chair, Nominating Committee, via email: [email protected] . Submission Deadline: July 31, 2015 1 Nominations require two elected officials of members of the Union [Bylaw 4(b)]. 2 All nominees to the Executive shall be elected representatives of a member of the Union [Bylaw 3(c)]. Nominees for Electoral Area Representative, Small Community Representative and Vancouver Metro Area Representative must hold the appropriate office. 1515/60/June CC Call /Nomination Form Page 107 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 APPENDIX B BACKGROUND INFORMATION FOR CANDIDATES TO THE UBCM EXECUTIVE 1. RESPONSIBILITY OF UBCM EXECUTIVE Under the UBCM Bylaws: The Executive shall have the power and it shall be their duty to put into effect the will of the Union as expressed by resolutions at any of its meetings. Between meetings they shall manage the affairs of the Union and shall report all the transactions of the year to the Annual Convention. 2. UBCM EXECUTIVE STRUCTURE Executive • President • First Vice-President • Second Vice-President • Third Vice-President • Director at Large (5 positions) • Small Community Representative • Electoral Area Representative • Vancouver Representative • GVRD (Metro Vancouver) Representative • Immediate Past President • Area Association Rep. (5 positions) • Vancouver Metro Area Rep. (2 positions) Committees The President appoints Executive members to Committees – of which the following are currently active: • Presidents • Resolutions • Convention • Community Safety • Environment • Healthy Communities • First Nations Relations • Community Economic Development Each Executive member generally serves on two committees. 3. EXECUTIVE MEETINGS The full Executive meets six times a year, over 2-3 days, following this general pattern: • • • • • • Friday, the last day of the Annual Convention (1 hour) Second or third week of November Second or third week of January Second or third week of April Third full week of July Sunday preceding the Annual Convention (half day) Executive meetings, other than the two coinciding with Convention, usually take place over a Thursday and Friday. Committee meetings are held Thursday and the full Executive meets on Friday. Committee Chairs or Table Officers may be called on for more frequent representation. In addition, certain Committees' activities require attendance at meetings or conferences throughout the year. Executive member travel expenses and a per diem for meals and incidentals are reimbursed for all activities on behalf of UBCM. However, for Executive members attending the Annual Convention, UBCM provides reimbursement only for the added expenses that would not normally be incurred by attending as a delegate from a local government. Page 108 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 APPENDIX C UBCM EXECUTIVE NOMINATION & ELECTION PROCEDURES UBCM EXECUTIVE STRUCTURE The ongoing administration and policy work of the UBCM is governed by an Executive Board that is elected and appointed at the Annual Convention. The Board is comprised of 21 members, with the following structure: 13 Elected Positions President First Vice-President Second Vice-President Third Vice-President Director at Large (5 positions) Small Community Representative Electoral Area Representative Vancouver Metro Area Representative (2 positions) 8 Appointed Positions Immediate Past President Vancouver Representative GVRD (Metro Vancouver) Representative Area Association Representatives: AKBLG, AVICC, LMLGA, NCLGA & SILGA NOMINATING COMMITTEE In accordance with the UBCM Bylaws, a Nominating Committee is appointed to oversee the nomination and election process. The Committee is comprised of the Immediate Past President and representatives of the five Area Associations. The Nominating Committee reviews all nomination documents to verify that nominees meet the qualifications for office. It is not the role of the Nominating Committee to recommend any one candidate. The Committee’s mandate is to ensure that nominations are complete and in accordance with policies and procedures. NOMINATION PROCESS May/June Nominating Committee will circulate a Call for Nominations notice that will contain the following information: • • • • • • positions open for nomination process for nomination qualifications for office role of Nominating Committee closing date for nominations to be included in the Report on Nominations general duties of an Executive member The Call for Nominations will include instructions on how to access additional information on UBCM Executive responsibilities and how to submit a nomination. July 31, 2015 Advance nominations close. Page 109 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 APPENDIX C Following the July 31 advance nominations deadline, the Nominating Committee will review nominees’ qualifications and prepare a Report on Nominations. For all qualifying nominees, photos and biographical information received by the advance nominations deadline will be included in the Report on Nominations. Mid-August The Report on Nominations will be distributed to all UBCM members and will include the following information for each candidate: • • • name and the position for which he or she has been nominated portrait photograph biographical information On-Site at Convention Any qualified candidate may be nominated off the floor of the Convention. The specific times when nominations will be accepted from the floor are given below. ELECTION PROCESS Step 1 – Election of Table Officers WEDNESDAY, SEPTEMBER 23 9:20 a.m. Nominating Committee presents the list of advance nominees for Table Officer positions: President, First Vice-President, Second Vice-President, and Third Vice-President. 11:55 a.m. Nominations from the floor for Table Officer positions. 2:15 p.m. Candidate speeches if necessary. 2:30-5:00 p.m. Elections for Table Officer positions (as necessary). THURSDAY, SEPTEMBER 24 8:00-9:00 a.m. Elections continue for Table Officer positions (as necessary). Step 2 – Election of Remaining Executive Positions THURSDAY, SEPTEMBER 24 8:30 a.m. Nominating Committee presents the list of advance nominees for the remaining Executive positions: Director at Large, Small Community Representative, Electoral Area Representative and Vancouver Metro Area Representative. 11:25 a.m. Nominations from the floor for the remaining Executive positions. 11:30 a.m. Candidate speeches if necessary. 2:30-5:00 p.m. Elections for the remaining Executive positions (as necessary). FRIDAY, SEPTEMBER 25 7:30-8:30 a.m. Elections continue for the remaining Executive positions (as necessary). For further information on the nomination and election process, please contact the Chair of the UBCM Nominating Committee. 1515/60/Call for Nominations-Items/Nomination and Election Procedures Page 110 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 APPENDIX D EXTRACT FROM THE UBCM BYLAWS: EXECUTIVE COMPOSITION, NOMINATIONS & ELECTIONS UBCM BYLAWS SECTIONS 2 TO 5 2. OFFICERS: The Officers of the Union shall be: President, First Vice-President, Second Vice-President, and Third Vice-President. 3. EXECUTIVE: (a) There shall be an Executive which shall be composed of: • • • • • • • • • the Officers of the Union; the Immediate Past President, who shall be the last president to have completed the term of office as President; a Vancouver Representative, who shall be a member of the Vancouver City Council; a Small Community Representative, who shall be a member of a Council of a Village or a municipality with a population not greater than 2,500; an Electoral Area Representative, who shall be an Electoral Area Director of a Regional Board; a GVRD Representative who must be a member of the GVRD Board; five Directors representing the five Area Associations as defined in Section 21; five Directors at Large; and two representatives (“Vancouver Metro Area Representatives”) who must be elected members of either or both a council of a member municipality of the GVRD or of the GVRD Board. The members of the Executive shall be the Directors of the Union. (b) The Officers, the Directors at Large, the Small Community Representative, the Electoral Area Representative and the Vancouver Metro Area Representatives, shall be elected annually at the Annual Convention, and except as herein otherwise provided, shall hold office until their successors are elected at the next Annual Convention. The Vancouver Representative shall be appointed annually by the Vancouver City Council, the GVRD Representative shall be elected annually by the Board of the GVRD, and the five Area Association Directors shall each be appointed by their respective Area Associations as identified in Section 21. All such appointments shall be communicated to the Nominating Committee by the appointing body pursuant to Section 4(b). (c) Except for the Immediate Past President, all members of the Executive, including Officers of the Union, shall hold office only so long as they remain elected representatives of a member of the Union. If a person holding the office of Immediate Past President ceases to be an elected representative of a member of the Union while holding the office such person shall only hold the office for the remainder of the then current term. Page 111 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 APPENDIX D (d) No person shall hold a position as Officer of the Union unless elected as an Officer by the membership of the Union and no person shall be elected more than twice, whether consecutively or otherwise, as President of the Union. In the event of a vacancy occurring amongst the Officers, the next ranking Officer willing to serve shall fill the vacancy, provided that if the office of President cannot for any reason be filled as aforesaid, the Executive shall call a special election for the office of President and such election may be held by a mail ballot pursuant to the rules and procedures established and determined by the Executive. In the event of a vacancy: • • • amongst the Officers, other than President, the Executive may appoint, from amongst persons qualified to be elected to the Executive, Acting Directors at Large equal to the number of vacancies; amongst the Directors at Large, the Small Community Representative, the Electoral Area Representative, or the Vancouver Metro Area Representatives, the Executive may appoint a person qualified to hold the office to fill the position for the term remaining; in the position of Vancouver Representative, GVRD Representative or amongst the five Directors appointed by the Area Associations such vacancies shall be filled in the manner of the original appointment. (e) The Union shall pay the expenses of the Executive incurred on authorized business of the Union, except for attendance at the annual Convention. For attendance at the Executive meeting immediately preceding the annual Convention such expenses shall be limited to the per diem rates and extra hotel accommodation costs incurred for the period of that Executive meeting only. No travelling expenses nor any part of other expenses ordinarily incurred by Executive members in attending the annual Convention will be borne by the Union. In the event that the Immediate Past President no longer holds municipal office, while still remaining a member of the Executive, his or her expenses incurred in attending the annual Convention and the Executive meeting immediately prior to it shall be paid by the Union. 4. NOMINATIONS FOR ELECTION OF OFFICERS AND EXECUTIVE: (a) There is constituted a committee of the Executive to be known as the Nominating Committee consisting of the Immediate Past President (if any) and the five appointed Area Association Directors provided that where any of the five appointed Area Association Directors declares an interest in seeking election to the Executive of the Union, the Area Association that appointed such Area Association Director may name another elected official of a member of the Union to serve on the Nominating Committee. (b) The Nominating Committee shall elect a Chair from amongst the members of the Committee and shall prior to the Annual Convention: • • issue a call for nominations for each of the positions of Officer of the Union and for the positions of Small Community Representative, Electoral Area Representative, the five Directors at Large, and the Vancouver Metro Area Representatives; encourage potential nominees to come forward as candidates for office and as requested provide information to such person relating to duties, responsibilities and roles pertaining to the various offices; Page 112 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 APPENDIX D • • • • review the credentials of nominees to ensure that each nominee is qualified to hold office pursuant to Section 4(j); accept qualified nominees nominated by two elected officials of members of the Union; obtain the name of a qualified person who has been appointed by the City of Vancouver to assume office as the Vancouver Representative, the name of the GRVD Representative and the names of the five Area Association Directors who have each been appointed to assume the office of Area Association Director by the respective Area Association; at least 30 days prior to the Annual Convention, prepare and provide to all members of the Union a report on nominations accepted for each office that have been received by the close of business on the last business day of July and on the persons appointed by the City of Vancouver, by the GVRD and the five Area Associations. Such report shall be neutral and the Nominating Committee shall not recommend any nominee or group of nominees. (c) In making its report the Nominating Committee, taking into consideration the names of appointees submitted by the City of Vancouver, the GVRD and the five Area Associations, shall ensure they are balanced and representative nominations including: • • that sufficient nominations are received; that each general area of the Province is represented on the Executive nominated or appointed. The Nominating Committee shall not recommend any nominee or group of nominees. (d) The Chair of the Nominating Committee, during the morning session of the first day of the Annual Convention, shall present the nominations for the positions of Officers on the UBCM Executive, i.e. President, First Vice-President, Second Vice-President, and Third VicePresident. After the Chair's report on these positions has been read, the Chair shall call for nominations from the floor for each of the positions of Officers, in addition to the names presented by the Nominating Committee. (e) If, at the close of nominations, only one candidate for each position of Officer stands validly nominated, the Chair of the Nominating Committee shall forthwith proclaim the candidate elected. (f) If, at the close of nominations, more than one candidate stands validly nominated for any of the positions of Officers, the Chair of the Nominating Committee shall cause an election to be held. (g) On the second day of the Annual Convention at the time after the results of the election of Officers has been announced, the Chair of the Nominating Committee shall present the nominations for the positions of: • • • • Small Community Representative; Electoral Area Representative; for the five positions of Director at Large; and the two Vancouver Metro Area Representatives. After the Chair's report on these positions has been read, the Chair shall call for nominations from the floor for each of the positions of Small Community Representative, Electoral Area Page 113 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 APPENDIX D Representative, for the five positions of Director at Large, and the two Vancouver Metro Area Representatives. (h) If, at the close of nominations: only one person stands validly nominated for the position of Small Community Representative, or only one person stands validly nominated for the position of Electoral Area Representative, or in the case of the five positions of Directors at Large, only five persons stand validly nominated; or in the case of the two Vancouver Metro Area Representatives, only two persons stand validly nominated, the Chair of the Nominating Committee shall forthwith declare the only candidates in each of the categories to be elected. (i) If, at the close of nominations, more than one person stands validly nominated for the positions of Small Communities Representative, Electoral Area Representative, or in the case of the five positions of Director at Large, more than five persons stand validly nominated, or in the case of the two Vancouver Metro Area Representatives more than two persons stand validly nominated, the Chair shall cause an election to be held. (j) Where a nomination is made from the floor, the nominators must advise the Chair that the nominee is qualified pursuant to Section 3 to hold the office and that he or she has consented to be nominated. The Chair shall forthwith ask the nominee to confirm such consent from the floor and if the nominee is not present on the floor at the time of nomination, the nominators may either withdraw the nomination or immediately provide the Chair with the written and signed consent of the nominee. (k) Nominations shall require two nominators. The nomination shall state only the candidate’s name, elected office, municipality, regional district or other membership affiliation, and Area Association, and that the consent of the person nominated has been received. 5. ELECTION OF OFFICERS AND EXECUTIVE: (a) If, at the close of nominations, more than one candidate stands validly nominated for each position of the Officers, and for the position of Small Community Representative, and for the position of Electoral Area Representative, or in the case of the five positions of Director at Large, more than five such candidates stand, or in the case of the two Vancouver Metro Area Representatives, more than two candidates stand, the Chair of the Nominating Committee shall cause elections to be held as may be required. (b) The election of Officers shall be held on the afternoon of the first day and the morning of the second day of the Annual Convention. (c) The election of Small Community Representative, Electoral Area Representative, the five positions of Director at Large, and the two positions of Vancouver Metro Area Representative shall be held on the afternoon of the second day and the morning of the third day of the Annual Convention. (d) If any election is to be held, ballot papers shall be prepared and distributed. In the case of an election for Officer positions, one ballot shall be used. In the case of elections for Small Community Representative, Electoral Area Representative, the five positions of Director at Large, and the two Vancouver Metro Area Representatives, individual ballots shall be used for each category. The names of the candidates shall be printed alphabetically in order of surnames on the ballots, and shall show only the candidates’ names, official positions, municipality, regional district or other member affiliation and Area Association. Before any Page 114 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.13 APPENDIX D ballot is taken, any person nominated may decline or withdraw his or her name by giving two hours’ notice thereof following the time of the candidates’ speeches. (e) Scrutineers shall be appointed by the President and it shall be among the duties of such Scrutineers to count the votes on such ballots and declare the result of such elections to the Chair of the Nominating Committee who shall report the results of the elections to the Convention. In the case of a ballot vote being held for the five positions of Director at Large, and the two Vancouver Metro Area Representatives, all ballots marked for more than the number to be elected shall be counted as spoiled ballots. (f) All elected representatives from members who are present at the Convention shall be entitled to vote for Directors at Large. Only representatives from Small Communities members who are present at the Convention shall vote for the Small Community Representative, only representatives from Electoral Areas who are present at the Convention shall vote for the Electoral Area Representative, and only representatives of the GVRD and the delegates from its member Municipalities may vote for Vancouver Metro Area Representatives. No vote by proxy shall be recognized or allowed. (g) In the event that the result of election for the position of any Officer of the Union, Small Community Representative or Electoral Area Representative cannot be declared because of an equality of votes between two or more persons receiving the greatest number of votes, then the Chair shall hold a run-off election amongst those persons who received equal votes. In the case of an election for the position of Vancouver Metro Area Representative, the Chair shall declare elected the two candidates who receive the highest number of votes. If a candidate cannot be elected because of an equality of votes between two or more candidates, the Chair shall hold a run-off election for the positions remaining undeclared in which the only candidates shall be the unsuccessful candidates in the original election who do not withdraw. In the case of an election for office as Director at Large, the Chair shall declare elected the five candidates who received the highest number of votes, provided that if a candidate cannot be declared elected because of an equality of votes between two or more candidates, the Chair shall hold a run-off election for the positions remaining undeclared in which the only candidates shall be the unsuccessful candidates in the original election who do not withdraw. 1515/60/Call for Nominations-Items/Extract from UBCM Bylaws Page 115 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.14 REGIONAL DISTRICT REPORT OF NORTH OKANAGAN To: Board of Directors From: Stephen Banmen, General Manager, Finance Date: June 17, 2015 Subject: 2014 Statement of Financial Information Recommendation: Pursuant to the requirements of the Financial Information Act, that the 2014 Statement of Financial Information and attached Schedules for the Regional District of North Okanagan be approved. Summary: The Financial Information Act requires that the Board of Directors and the Chief Financial Officer approve the Statement of Financial Information and that it be made available for public viewing or purchase. The Statement of Financial Information consists of the following : • • • • • • Financial Statements (previously approved and circulated); Statement of Financial Information Approval ; Schedule of Guarantee and Indemnity Agreements; Schedule of Elected Official & Committee Member Remuneration and Expenses; Schedule of Employee Remuneration and Expenses; and Schedule of $uppliers of Goods and Services. Submitted by: Approved for inclusion: (o1 0~ Administrator Attachments Page 116 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.14 REGIONAL DISTRICT OF NORTH OKANAGAN Statement of Financial Information Approval (as per BC 371193 of the Financial Information Regulation, Schedule 1, section 9) 2014 Regional District of North Okanagan Financial Statements for Year Ended December 31 , 2014 includes: a) a statement of assets and liabilities; b) an operational statement; c) a schedule of debts; and d) a management report. Regional District of North Okanagan Statement of Financial Information for the Year Ended December 31 , 2014 includes the above and the following schedules: a) schedule of guarantee and indemnity agreements; b) schedule of remuneration and expenses paid on behalf of each elected official and committee member; c) schedule of remuneration and expenses paid on behalf of each employee earning $75,000 or more; and d) schedule of payments made for goods and services for each supplier pa id $25,000 or more. The undersigned, as authorized by the Financial Information Regulation , Schedule 1, subsection 9(2), approves all the statements and schedules included in this Statement of Financial Information, produced under the Financial Information Act. --.... Rick Fairbairn Board Chair Date I Date Page 117 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.14 REGIONAL DISTRICT OF NORTH OKANAGAN Schedule of Guarantee and Indemnity Agreements (as per BC 371193 of the Financial Information Act) 2014 The Regional District of North Okanagan has not given any guarantees or indemnities under the Guarantees and Indemnities Regulation during the year ended December 31 , 2014. Page 118 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.14 REGIONAL DISTRICT OF NORTH OKANAGAN Schedule of Elected Official & Committee Member Remuneration and Expenses (as per Section 814 of the Local Government Act and as per BC Reg 371193 of the Financial Information Act) 2014 Elected Official / Committee Member Position ACTON, Kevin Director BESSO, Maria Committee Remuneration $ 11,427.81 Expenses $ 1,752.00 312.00 - BROWN, Janice Director 11,416.00 827.33 CAMERON , Hank Director 1,350.84 230.88 CUNNING HAM, Juliette Director 15,084.00 - CYR, Howard Director 11,181 .29 915.20 DIRK, Doug Director 12,876.00 307.34 FAIRBAIR N, Patrick Director 40,3 18.00 6,494.28 FLEM ING, Robert Director 25,420.00 4,439.24 FO ISY, Eugene Director 20 ,993.16 2,271.36 FOWLER, Shirley Director 12,292.00 811 .20 166.40 FRASER, Christine Alt. Director 876.00 GARLICK, James Alt. Director 1,606.00 GHATIAS, Susan Alt. Director 146.00 - HACKETT, Dwayne Alt. Director 146.00 31.20 1,350.84 205.52 HALVORSON, Herman Director KIDSTON, James Committee 292.00 - KISS, Gyula Committee 3,796.00 - LORD, Catherine Director 11 ,708.00 - MACNABB , Michael Director 25,569.00 5,492.91 MCCUNE, Gregory Director 818.71 83.20 Alt. Director 876.00 93.60 NICOL, Patrick Director 901.50 - O'KEEFE, Mary-Jo Director 10,013.29 - OSBORN, Edward Committee 1,168.00 - OSTAFICHUK, Randal Committee 1,168.00 4.16 PEARASE, Jacqueline Director 21 ,577. 16 7,031.94 QUIRING, Brian Director 672.71 - RANDELL, Michael Alt. Director 584.00 42.29 SAWATZKY, Robert Director 13,955.29 41 .60 SHI PMAKER, EARL Alt. Director 292.00 85.80 SP IERS, Robert Alt. Director 4,526.00 MINDNICH, LOR I $ TOTAL Page 119 of 135 266,153.60 $ 29,887.45 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.14 REGIONAL DISTRICT OF NORTH OKANAGAN Schedule of Employee Remuneration & Expenses (as per BC Reg 371193 of the Financial Information Act) 2014 Employee Name Position Remuneration Expenses BAKER, Ron Community/Protective Services Manager CLARK, Renee Water Quality Manager 87,166.07 3,087.93 DANALLANKO, Dale RDF Operations Manager 96,867.47 914.38 DANALLANKO, Dee Controller 95,983.83 1,158.32 de PFYFFER, James Small Utilities Manager 94,387.11 678.75 DUNSDON, Jennifer Water Supply and Treatment Operator 78,826.71 2,1 24.81 EDWARDS, Alexander Water Treatment Manager 102,234.98 914.1 5 FRIESEN, John Bylaw Enforcement Officer 81 ,129.34 4,338.74 GAR DNER, David Senior Bldg Inspector I Bylaw Enforcement Officer 80,806.56 8,424.00 GIBSON, Don Sen ior Water Supply and Treatment Operator 90,913.20 357.43 HARTWIG, Corey Electrical I Instrumentation Technician 82,627.1 3 915.93 HEI DT, Dustin Chief Water Supply and Treatment Operator 106,363.32 375.90 KITTEL, Anthony Regional Growth Strategy Co_ ordinator 95,827.83 2,192.98 KO HNE RT, Nicole Regional Engineering Services Manager 109,397.70 4,352.75 LAY, Paul Distribution Operator I Mechan ic 84,228.00 165.00 LIZOGUBOFF, Victor Systems Analyst 89,474.69 3,062.46 LUSCOMBE, Patrick Chief Building Inspector 108,028.58 8,579.42 MARGOLI N, Zee Utilities Engineer 115,596.51 6,913.30 MAZZOTTA, Christopher Information Services Manager 101 ,892.53 3,842.00 McTAGGART, Dale General Manager, Engineering 135,714.1 6 1,389.51 ME LLOTT, Leah General Manager, EA Services 140,039.06 9,966.94 NELSON, Tannis Community Development Coordinator 80,903.21 2,184.33 PINKOSKI , Keith Parks Planner 98,886.33 6,841 .80 ROSS, Gordon Water Supply and Treatment Operator 78 ,742.61 429.95 ROUTLEY, Greg Deputy Planning Manager 97,37 1.78 1'151.93 SEWELL, David Chief Administrative Officer 146,469.38 5,780.21 SKOBALSKI , Marnie Planner 80,814.09 529.11 SMAI LES, Rob General Manager, Planning & Building 127,280.34 4,510.91 Page 120 of 135 $ 96,797.51 $ 1,747.81 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.14 SPANN, Gunther Senior Bldg Inspector I Bylaw Enforcement Officer 92,252.07 9,030.88 TUCKER, Chris Water Supply and Treatment Operator 85,765.00 3,923.76 $ 2,962,787.10 $ 99,885.39 2,860,878.03 61 ,221 .33 SUBTOTAL Employees Under $75,000 Employer portion of CPP and El premiums TOTAL - $ 5,823,665.13 272,889.45 $ 433,996.17 Any differences between this schedu le and the financial statements are attributable to payroll overhead , benefits and timing . Remuneration is reported based on the year it is paid pursuant to Canada Revenue Agency regulations, whereas it is accounted for in the financial statements based on the year it is earned. Statement of Severance Agreements There were three severance agreements made between the Regional District of North Okanagan and its non-unionized employees during the year ended December 31 , 2014. These agreements ranged from 2 to 9 months of equivalent compensation based on their salaries at the time of the agreements. Page 121 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item E.14 REGIONAL DISTRICT OF NORTH OKANAGAN YTD Paid Report Supplier Code AP5070 Page . I Date Time : 8:54 am Sequence : From : •••MARA001 : May 14.2015 By Name Date Range From : 01-Jan-1997 To: 31-Dec-2014 To: ZZZA001 Categories From : A- Agricultural Appeal Suppress Printing for $ Under To : W- Workers Compensation Supplier Code Total Name 12EL001 1 & 2 ELECTRIC 258,533.1 5 6202001 620241 BC LTD. 606,952 .95 A.B.C.001 A.B. C. ALLEN BUSINESS COMMUNICATIONS LTD ABER005 ABERDEEN ELECTRI C 249,207.09 AEC0002 AECOM CANADA LTD. 132,153.15 AER0004 AEROQUEST MAPCON INC. 46,063.66 AGAT001 AGAT LABORATORIES 34,706.66 55,650.00 ALLA006 ALLAN FRANCES PRINGLE IN TRUST 74,425.00 ANDR001 ANDREW SHERET LTD. 33,024.57 ARMS002 ARMSTRONG CITY OF 30,674.66 ARTS001 ARTS COUNCIL OF NORTH OKANAGAN 95,950.00 BCHY003 B.C. HYDRO BCHY001 B.C. HYDRO & POWER AUTHORITY 63,316.05 1,252,420. 13 BCTR001 B.C. TRANSIT BGLA001 B.G.LAND CUSTOM CONSTRUCTION LTD. 46,918.87 BANN001 BANNISTER CHEVROLET INC. 42 ,705.55 BFIC001 BFI CANADA 424,760.66 BLAC006 BLACK PRESS GROUP LTD. 111,561.54 BMOB001 BMO BANK OF MONTREAL BOYS001 BOYS' & GIRLS' CLUB of VER NON BREN004 BRENNTAG CANADA INC. 48,277.57 BRIT018 BRITISH COLUMBIA GRAPEGROWERS' ASSOCIATION 30,101.00 BRUC004 BRUCE CARSCADDEN ARCHITECT INC CANT008 CANTEX OKANAGAN CONSTRUCTION LTD 870,557.93 CAPR001 CAPRI INSURANCE 194,268.00 CAR0001 CARO ANALYTICAL SERVICES 116,452.90 CASC004 CASCADES RECOVERY INC. 205,980.14 641,539.00 59,336.98 100,164.42 30,331 .50 CDWC001 COW CANADA INC. CHER002 CHERRYVILLE COMMUNITY CLUB 26,408.06 CITY005 CITY SPACES 55,134.27 38,250.50 741 ,533.44 COLD003 GOLDSTREAM DISTRICT OF COLU001 COLUMBIA SHUSWAP REG. DISTRICT 58,620.00 CORB001 CORBETT OFFICE EQUIPMENT 34,980.42 302 ,492 .39 DWEB001 D. WEBB CONTRACTING LTD. DAUN001 DAUNCEY CONSTRUCTION LTD. DAVI002 DAVIDSON AND COMPANY LLP IN TRUST DELN001 DELNOR CONSTRUCTION INC. DEVR001 DEVRIES ART DIAL001 DIALOG BC ARCHITECTURE ENGINEERING INTERIOR 27,660.00 844,153.95 82,029.02 36,054.08 369,294.18 EBH0001 E.B. HORSMAN & SON LTD. ELEC004 ELECTRIC MOTOR & PUMP SERVICE 26,872.29 ENDE001 ENDERBY CITY OF ESRI001 ESRI CANADA LIMITED 57,057.00 FOCU001 FOCUS CORPORATION 11 6,088.33 FORT005 FORTISBC- NATURAL GAS FRAS003 FRASER VALLEY REGIONAL DISTRICT FULT002 FULTON & COMPANY LLP FULT004 FULTON & COMPANY LLP IN TRUST 432,765.89 GENT001 GENTECH ENGINEERING INC. 202,686.16 190,467.57 28,800.80 1 ,027,543.18 67,725.64 40,992.00 133,237.66 GREA001 GREATER VERNON MUSEUM & ARCHIVES GU IL002 GUILLEVIN INTERNATIO NAL INC. 60,265.48 HAYW002 HAYWARD GORDON 38,348.58 INLA006 INLAND DIVERS UNDERWATER SERVICE 47,435.85 INSU001 INSURANCE CORPORATION OF BRITISH COLUMBIA 42 ,624.00 Page 122 of 135 25 ,000.00 BOARD of DIRECTORS - REGULAR AGENDA June 17, Page 2015 .- 2Item E.14 AP5070 REGIONAL DISTRICT OF NORTH OKANAGAN YTD Paid Report Supplier Code Date Sequence : From : ***MARA001 : May 14,2015 By Name : 8:54 am Date Range From: 01-Jan-1997 To : 31-Dec-2014 To: ZZZA001 Categories Time From : A- Agricultural Appeal Suppress Printing for$ Under To : W- Workers Compensation Total Supplier Code Name INTE063 INTERCITY RECYCLE LTD. INTE016 INTERIOR INSTRUMENT TECH SERVICES LTD. 140,864.68 K-9S001 K-9 SYSTEMS CONTROL 167,981.38 KERR001 KERR WOOD LEIDALASSOCIATES LTD. 344,483.35 KING007 KINGFISHER INTERPRETIVE CENTRE SOCIETY KNAP003 KNAPPETI INDUSTRIES (2006) LTD. 75.901 .92 64,907.50 1,117,726.68 LITE001 LITERACY AND YOUTH INITIATIVES SOCIETY OF LRMC001 LRM CONTRACTING LTD. LUMB003 LUMBY VILLAGE OF 507,094.97 66,000.00 39,522.00 MADD001 MADDOCKS CONSTRUCTION LTD. 384,692.60 MANU002 MANULIFE FINANCIAL 354,674.43 MEAR001 MEARL'S MACHINE WORKS LTD. 345,400.03 MIN1022 MINISTER OF FINANCE MINI002 MINISTER OF FINANCE & CORPORATE RELATIONS 77,124.25 775,697.51 MINI015 MINISTER OF FINANCE & CORPORATE RELATIONS 25,149.32 MINI008 MINISTER OF FINANCE & CORPORATE RELATIONS 36,917.98 MODE002 MODERN ENERGY MANAGEMENT LTD. MONA004 MONAGHAN ENGINEERING & CONSULTING LTD. MONA014 MONASHEE ARTS COUNCIL MOUN008 MOUNCE CONSTRUCTION LTD. MUNI002 MUNICIPAL INSURANCE ASSOCIATION OF B.C. 28,569.14 102,068.97 29,465.00 31,604.35 102,354.13 MUN1005 MUNICIPAL PENSION PLAN 869,218.87 MUSC002 MUSCO SPORTS LIGHTING CANADA CO. 274,400.00 NEWA001 NEWALTA CORPORATION OVHE001 O.V.H. ENTERPRISES LTD. OCEA002 OCEAN MARKER SPORT SURFACES (2014) LTD. 409,702 .86 204,750.00 66,005.62 26,134.50 OGOP003 OGOPOGO STUCCO INC. OKEX001 OK EXCAVATING OKAN002 OKANAGAN BASIN WATER BOARD 72 ,746.91 657,096.00 OKAN029 OKANAGAN KOOTENAY STERILE INSECT RELEASE PROGRAM 414,581 .02 OKAN017 OKANAGAN REGIONAL LIBRARY 700,991 .76 OKAN008 OKANAGAN RESTORATION SERVICES LTD. ONLI001 ONLINE CONSTRUCTORS LTD. 323,424.78 199,727.22 25,810.68 O PUS002 OPUS DAYTONKNIGHT PHOE001 PHOENIX RIDGE QUARRY LTD. 55,496.10 POST002 POSTILL NIXON EARTHWORKS 1,226,126.92 PYRA003 PYRAMID EXCAVATION CORPORATION REP0001 R E POSTILL & SONS LTD. 57,990.79 R355001 R-355 ENTERPRISES LTD. 223,681.92 RECE002 RECEIVER GENERAL FOR CANADA REG1001 REGIONAL DISTRICT OF CENTRAL OKANAGAN RIC0001 RICOH CANADA INC. ROCK007 ROCKY MOUNTAIN PHOENIX SSGH001 S.S.G. HOLDINGS LTD 580,003.75 1, 704,688.34 155,442.54 29,959.98 38 ,790.76 1,379,749.01 SAWC001 SAWCHUK DEVELOPMENT CO. LTD. 313,142.36 SIVA002 SIVAN ENTERPRISES 140,130.58 SUNC005 SUNCOR ENERGY PRODUCTS PARTNERSHIP 36,449.66 SUPE008 SUPER SAVE DISPOSAL INC. 29,052 .60 TELU001 TELUS 69,519.78 TELU002 TELUS MOBILITY 67,595.12 THEG005 THE GROUND GUYS LANDSCAPE MANAGEMENT 38,420.35 TRUE002 TRUE CONSULTING GROUP- KAMLOOPS 30,282.27 TURN005 TURN-KEY CONTROLS UNIV009 UNIVAR CANADA LTD. 38,139.96 Page 123 of 135 330,909.12 25,000.00 BOARD of DIRECTORS - REGULAR AGENDA June 17, Page 2015 .- 3Item E.14 AP5070 REGIONAL DISTRICT OF NORTH OKANAGAN YTD Paid Report Supplier Code Date Sequence : From : ***MARA001 : May 14,2015 By Name : 8:54 am Date Range From: 01 -Jan-1997 To: 31-Dec-20 14 To: ZZZA001 Categories Time From : A- Agricultural Appeal Suppress Printing for$ Under To : W- Workers Compensation Total Supplier Code Name UNIV002 UNIVERSITY OF BRITISH COLUMBIA UPLA001 UPLAND CONSULTING 43,083.76 VADI001 VADIM SOFTWARE 27,804.13 VERN029 VERNON & DIST. ASSOC. FOR COMMUNITY LIVING 90,31 3.97 VERN063 VERNON & DISTRICT PERFORMING ARTS CENTRE 395,353.79 65,700.00 VERN004 VERNON CITY OF VERN007 VERNON COMMUNITY ARTS COUNCIL VERN148 VERNON ON SITE FENCING LTD 28,536.14 VERN003 VERNON PUBLIC ART GALLERY 177,625.00 14,887,513.76 33,360.00 VERN138 VERNON SCIENCE AND DISCOVERY SOCIETY WEMA001 W.E. MADDOX B.C. L.S. WAST002 WASTE MANAGEMENT OF CANADA CORP. 11 8,083.70 WATE013 WATERHOUSE ENVIRONMENTAL SERVICES CORP. 174,316.69 WEST016 WESTERN SPORTS DEVELOPMENTS LTD. WILC003 WILCO CIVIL INC. 32,500.00 27,720.00 38,896.20 2,009,081 .92 WORK001 WORKSAFEBC WORL001 WORLDWIDE TURF INC. 570,150.00 46,597.81 XCGC001 XCG CONSULTANTS LTD. 132,082.50 25,000.00 45,492,635.56 25,000.00 2,742,076.91 Total Of Printed Suppliers : 48,234,712.47 Total Suppliers Equal and Over Other Suppliers Under Page 124 of 135 25,000.00 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1a REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a SPECIAL meeting of the GREATER VERNON ADVISORY COMMITTEE of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Thursday, May 28, 2015. Members: Director J. Cunningham Alternate Director J. Garlick Councillor G. Kiss Director B. Fleming Alternate Director B. Spiers Director A. Mund T. Osborn City of Vernon District of Coldstream District of Coldstream Electoral Area “B” City of Vernon City of Vernon Agricultural Representative Staff: D. Sewell D. McTaggart L. Mellott Chief Administrative Officer General Manager, Engineering General Manager, Electoral Area Administration Deputy Corporate Officer Manager, Greater Vernon Water Water Quality Manager Executive Assistant, Engineering P. Juniper Z. Marcolin R. Clark L. Schrauwen Also Present: Councillor P. McClean Councillor G. Taylor Councillor R. Enns Director R. Fairbairn Director C. Lord Media and Public District of Coldstream District of Coldstream District of Coldstream Electoral Area “D” City of Vernon Chair Vice Chair Board Chair CALL MEETING TO ORDER The meeting was called to order at 9:00 a.m. APPROVAL OF AGENDA Greater Vernon Advisory Committee – May 28, 2015 Moved and seconded by Directors Fleming and Mund That the Agenda of the May 28, 2015 Greater Vernon Advisory Committee Special meeting be approved as presented. CARRIED Page 125 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1a Greater Vernon Advisory Committee Minutes – Special -2- May 28, 2015 NEW BUSINESS Greater Vernon Water – Master Water Plan Objectives The Chief Administrative Officer presented information regarding Master Water Plan Objectives for Greater Vernon Water. Discussion with respect to the proposed review of the 2012 Master Water Plan included the following: 1. Develop communications strategy. 2. With standards changing, confirm the Master Water Plan meets the current standards. 3. What is the most secure, efficient and reliable water source that would require the least amount of treatment? 4. Manageable capital costs by the community. 5. Involve public in the Master Water Plan process. 6. What is the current daily and projected demand (by source and class). 7. Maximize quantity of supply. 8. Redundancy of water sources (Duteau Creek, Kal Lake, groundwater, Coldstream Creek, King Edward, and Okanagan Lake in the future. 9. Same quality of water at the same price for each class (domestic/non-domestic/bona fide agricultural use). 10. Customers water requirements for quantity and quality are commensurate with the cost of those requirements. 11. Minimize the use of treated water by agriculture. 12. Determine if technical memorandums are still current. 13. Questions are answered on certain decision points before action taken. 14. The borrowing bylaw must be prescriptive and describe all projects in reasonable detail. Moved and seconded by Alternate Director Garlick and Director Fleming That it be recommended to the Board of Directors, staff be directed to draft Terms of Reference based upon the model of the Drought Response Team to establish a Master Water Plan – Stakeholder Sub-Committee of the Greater Vernon Advisory Committee to work on the Master Water Plan to receive and consider information and provide feedback to politicians and staff. CARRIED Moved and seconded by Director Mund and Alternate Director Garlick That it be recommended to the Board of Directors, staff be directed to investigate a communications strategy with regard to the Master Water Plan process. CARRIED It was noted that a Greater Vernon Advisory Committee special meeting will be scheduled for June 11, 2015 to discuss Master Water Plan assumptions and the Terms of Reference for the proposed new Master Water Plan – Stakeholder Sub-Committee. ADJOURNMENT There being no further business, the meeting was adjourned at 10:45 a.m. Page 126 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1a Greater Vernon Advisory Committee Minutes – Special -3- May 28, 2015 CERTIFIED CORRECT Chair Juliette Cunningham Deputy Corporate Officer Paddy Juniper Page 127 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1b 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, June 4, 2015. Members: Director J. Cunningham Director D. Dirk Councillor G. Kiss Director B. Fleming Director M. Macnabb Alternate Director B. Spiers Director A. Mund City of Vernon District of Coldstream District of Coldstream Electoral Area “B” Electoral Area "C" City of Vernon City of Vernon Staff: D. Sewell S. Banmen T. Nelson K. Pinkoski P. Juniper L. Schrauwen Chief Administrative Officer General Manager, Finance Community Development Coordinator Manager, Parks Deputy Corporate Officer Executive Assistant, Engineering Also Present: J. Rice Media and Public Chair Manager, Public Works, City of Vernon CALL MEETING TO ORDER The meeting was called to order at 8:02 a.m. APPROVAL OF AGENDA Greater Vernon Advisory Committee – June 4, 2015 Moved and seconded by Directors Mund and Macnabb That the Agenda of the June 4, 2015 Greater Vernon Advisory Committee meeting be approved as presented. CARRIED ADOPTION OF MINUTES Greater Vernon Advisory Committee Moved and seconded by Councillor Kiss and Director Mund That the following minutes of the Greater Vernon Advisory Committee meetings be adopted as circulated: – May 7, 2015 – Regular – May 14, 2015 – Special – May 21, 2015 – Special CARRIED Page 128 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1b Greater Vernon Advisory Committee Minutes – Regular -2- June 4, 2015 NEW BUSINESS Greater Vernon Cultural Plan A motion relating to the Greater Vernon Cultural Plan was moved and seconded by Directors Dirk and Mund. After debate and housekeeping amendments the following motion was voted on: That it be recommended to the Board of Directors, working within existing resources, the following direction be provided to support the development of the Greater Vernon Cultural Implementation Plan: − The Regional District will only fund independent registered societies − Any operating funding provided by the Regional District will have an operating agreement and/or contract for services (multi-year) in place − The Regional District will provide facilities (not direct programming) for the following: − Cultural Conservation and Exhibition − Community Cultural Programming CARRIED It was noted that staff will determine a date for the Special Greater Vernon Advisory Committee meeting for a Greater Vernon Cultural Plan workshop. Marshall Field Soccer Pitch Maintenance Moved and seconded by Directors Mund and Fleming That the report titled “Marshall Field Soccer Pitch Maintenance” and dated June 4, 2015 regarding the current service levels at Marshall Field be received for information. CARRIED Moved and seconded by Directors Fleming and Mund That it be recommended to the Board of Directors, staff be directed to report back to the Greater Vernon Advisory Committee on the cost to provide early season water irrigation to Marshall Field. CARRIED Moved and seconded by Directors Macnabb and Fleming That it be recommended to the Board of Directors, staff be directed to investigate establishing operations reporting protocols to ensure that contract provisions are being met. CARRIED IN CAMERA Moved and seconded by Directors Mund and Macnabb 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)(c) and (e) of the Community Charter. CARRIED The regular meeting of the Greater Vernon Advisory Committee adjourned to meet In Camera at 9:23 a.m. Page 129 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1b Greater Vernon Advisory Committee Minutes – Regular -3- June 4, 2015 The regular meeting of the Greater Vernon Advisory Committee reconvened at 11:14 a.m. ADJOURNMENT There being no further business, the meeting was adjourned at 11:14 a.m. CERTIFIED CORRECT Chair Juliette Cunningham Deputy Corporate Officer Paddy Juniper Page 130 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1c 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, June 4, 2015. Members: Director B. Fleming Director M. Macnabb Alternate Director D. Hackett Director H. Cameron Director H. Halvorson Electoral Area “B” Electoral Area “C” Electoral Area “D” Electoral Area “E” Electoral Area “F” Staff: L. Mellott R. Smailes G. Routley A. Page C. Elley General Manager, Electoral Area Administration General Manager, Planning and Building Deputy Planning Manager Sustainability Coordinator Clerk, Electoral Area Administration R. Morgan Regional Crime Prevention Coordinator City of Vernon Also Present: Chair Vice Chair Public CALL MEETING TO ORDER The meeting was called to order at 2:00 p.m. APPROVAL OF AGENDA Regular Agenda – June 4, 2015 Moved and seconded by Directors Cameron and Macnabb That the Agenda of the June 4, 2015 Electoral Area Advisory Committee meeting be approved as presented. CARRIED ADOPTION OF MINUTES Electoral Area Advisory Committee – May 7, 2015 Moved and seconded by Directors Halvorson and Cameron That the minutes of the May 7, 2015 Electoral Area Advisory Committee Meeting be adopted as circulated. CARRIED Page 131 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1c Electoral Area Advisory Committee Minutes – Regular -2- June 4, 2015 DELEGATIONS Vernon / North Okanagan Safe Communities Unit The Regional Crime Prevention Coordinator provided an update on activities he has undertaken over the past month. Moved and seconded by Directors Macnabb and Halvorson That the report dated May 25, 2015 from the Vernon / North Okanagan Detachment – Safe Communities Unit be received for information. CARRIED Legal Document Request BLACK, R. [File No. 15-0022-F-LD] No one was present to speak to the application. Waiver of Lot Frontage Request SILCHENKO, E. and E. [File No. 15-0177-E-WVR] No one was present to speak to the application. OCP / Rezoning Application VETTER, A., P. and S. [File No. 10-0497-F-OR] Tony and Stuart Vetter spoke in favour of the application. NEW BUSINESS Legal Document Request BLACK, R. [File No. 15-0022-F-LD] Moved and seconded by Directors Halvorson and Cameron That it be recommended to the Board of Directors, the request to modify Covenant KP036954 registered on the title of the property legally described as the S½ of the SW¼ of Sec. 3, Twp. 20, R9, W6M, KDYD, Except Plans 23082, 23688, and KAP49667 and located at 247 Black Road, Electoral Area “F” by authorizing the construction of ten (10) Agri-Tourism Campsites on the Non-Urban (N.U) zoned portion of the property be referred to a Public Hearing. CARRIED Waiver of Lot Frontage Request SILCHENKO, E. and E. [File No. 15-0177-E-WVR] Moved and seconded by Directors Cameron and Macnabb That the memorandum from the Planning Department dated May 19, 2015 regarding Waiver of Lot Frontage Application for the property legally described as Lot 2, Sections 26 and 35, Twp 45, ODYD, Plan 24879 and located at 1377 Highway 6, Electoral Area “E” be received for information; and further, That it be recommended to the Board of Directors, the 10% minimum frontage requirement of Section 802.7 of the RDNO Zoning Bylaw No. 1888, 2003 be waived for the property legally Page 132 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1c Electoral Area Advisory Committee Minutes – Regular -3- June 4, 2015 described as Lot 2, Sections 26 and 35, Twp 45, ODYD, Plan 24879 and located at 1377 Highway 6, Electoral Area “E” by reducing the lot frontage of proposed Lot 1 from 103.44 metres to 79.151 metres and by reducing the lot frontage of proposed Lot 2 from 88.93 metres to 58.0 metres as shown on the site plan attached to the Planning Department report dated May 19, 2015. CARRIED Bylaw 2477 – Electoral Area “F” Official Community Plan Amendment Bylaw 2478 – Rezoning Application VETTER, A., P. and S. [File No. 10-0497-F-OR] Moved and seconded by Directors Halvorson and Cameron That it be recommended to the Board of Directors, the referral process outlined in the Planning Department report dated May 25, 2015 be considered appropriate consultation for the purposes of Sections 879, 881 and 882 of the Local Government Act with regard to Electoral Area “F” Official Community Plan Amendment Bylaw No. 2477, 2011 which proposes to amend the land use designation of the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402 and H10220 and located at 64 Highway 97B, Electoral Area “F” from Agricultural to Country Residential; and further, That it be recommended to the Board of Directors, Electoral Area “F” Official Community Plan Amendment Bylaw No. 2477, 2011 which proposes to amend the land use designation of the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402 and H10220 and located at 64 Highway 97B, Electoral Area “F” from Agricultural to Country Residential, be given Second Reading and referred to a Public Hearing; and further, That it be recommended to the Board of Directors, Rezoning Bylaw No. 2478, 2015 which proposes to rezone the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 2168, Except Plans 21604, 23402 and H10220 and located at 64 Highway 97B, Electoral Area “F” from the Non-Urban (N.U) zone to the Country Residential (C.R) zone be given First and Second Readings and referred to a Public Hearing. CARRIED Regional Growth Strategy - 5-Year Review Draft Terms of Reference Moved and seconded by Directors Macnabb and Cameron That the Board of Directors be advised that the Electoral Areas support the current Regional Growth Strategy and believe it remains relevant without need for Standard Amendments. CARRIED Agricultural Land Commission Application DeTOURDONNET, M. [File No. 15-0114-C-ALR] Moved and seconded by Directors Macnabb and Halvorson That it be recommended to the Board of Directors, the application of Agatha and Vincent deTourdonnet c/o Michael deTourdonnet under Section 21(2) of the Agricultural Land Commission Act to subdivide the property legally described as Lot A, Sec 12, Twp 8, ODYD, Plan KAP48707 and located at 4877 Haynes Road, Electoral Area “C” not be authorized for submission to the Agricultural Land Commission. CARRIED Page 133 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1c Electoral Area Advisory Committee Minutes – Regular -4- June 4, 2015 Community Works Fund – Project #105 (Biodiversity Conservation Strategy) Moved and seconded by Director Cameron and Alternate Director Hackett That it be recommended to the Board of Directors, the Engagement and Communication Plan for implementation of the Biodiversity Conservation Strategy be funded from the Community Works Fund at a cost of $10,010.00. CARRIED Community Works Fund – Project #106 (Cosens Bay Water Quality Monitoring) Moved and seconded by Directors Macnabb and Halvorson That it be recommended to the Board of Directors, the Water Quality Monitoring Cosens Bay – Year 2 study be funded from the Electoral Area “B” allocation of the Community Works Fund at a cost of $10,023.00. CARRIED Community Works Fund – Project #108 (Gardom Creek Baseline Assessment) Moved and seconded by Directors Halvorson and Macnabb That it be recommended to the Board of Directors, the Gardom Creek Baseline Assessment be funded from the Electoral Area “F” allocation of the Community Works Fund at a cost of up to $40,000.00. CARRIED REPORTS Advisory Planning Commission Meetings Moved and seconded by Directors Macnabb and Cameron That the minutes of the following Advisory Planning Commission meetings be received for information: − Electoral Area “B” – Meeting of May 27, 2015 − Electoral Area “C” – Meeting of May 27, 2015 − Electoral Area “D” – Meeting of May 26, 2015 − Electoral Area “F” – Meeting of May 11, 2015 CARRIED Building Inspections Statistical Reports Moved and seconded by Directors Cameron and Macnabb That the April 2015 Building Inspections Statistical Reports be received for information. CARRIED Building Inspection Revenue Report Moved and seconded by Director Macnabb and Alternate Director Hackett That the May 2015 Building Inspections Revenue Report be received for information. CARRIED Page 134 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Item G.1c Electoral Area Advisory Committee Minutes – Regular -5- June 4, 2015 Sustainability Program Report Moved and seconded by Directors Cameron and Macnabb That the Sustainability Report dated May 22, 2015 from the Sustainability Coordinator be received for information. CARRIED General Manager’s Report The General Manager, Electoral Area Administration provided an update on the following matters: Proposed Boating Regulations – Open Houses June 10/11 UBCM Ministerial meetings Regional Board voting ADJOURNMENT There being no further business, the meeting was adjourned at 4:15 p.m. CERTIFIED CORRECT Chair Bob Fleming General Manager Leah Mellott Page 135 of 135 BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Additional Item E.10 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 5730.15.10 TO: Greater Vernon Advisory Committee FROM: Engineering DATE: June 4, 2015 SUBJECT: Terms of Reference for the Stakeholder Advisory Committee to Review the 2012 Greater Vernon Master Water Plan RECOMMENDATION: That it be recommended to the Board of Directors, the Terms of Reference for the Stakeholder Advisory Committee to Review the 2012 Greater Vernon Master Water Plan be endorsed; and further, That staff be instructed to initiate the process to form the Stakeholder Advisory Committee as outlined in the Terms of Reference for the Stakeholder Advisory Committee to Review the 2012 Greater Vernon Master Water Plan. BACKGROUND/HISTORY: At the Special meeting of the Greater Vernon Advisory Committee (GVAC) held on Thursday, May 28, 2015, the following recommendation to the Board of Directors (Board) was carried: That it be recommended to the Board of Directors, staff be directed to draft Terms of Reference based upon the model of the Drought Response Team to establish a Master Water Plan - Stakeholder Sub-Committee of the Greater Vernon Advisory Committee to work on the Master Water Plan to receive and consider information and provide feedback to politicians and staff. DISCUSSION: A borrowing referendum for $70 million to complete six priority projects recommended in the Greate'r Vernon Water (GVW) Master Water Plan (MWP) failed to pass in the fall of 2014. In response, the GVAC recommended to the Board of Directors that the public be engaged to assist GVW in completing a review of the existing 2012 MWP and reassess whether this plan and amendments represent a plan that meets the needs of stakeholders, is environmentally sound, sustainable and proceeds in a cost-effective manner, while meeting Federal and Provincial regulations. Staff reviewed the Terms of Reference for the Drought Response Team as recommended by the GVAC and developed the attached "Terms of Reference for the Stakeholder Advisory Committee (SAC) to Review the 2012 Greater Vernon Master Water Plan" for the GVAC's consideration. BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Additional Item E.10 Report to: GVAC From: Engineering Re: Stakeholder Advisory Committee to Review the 2012 GVW MWP File No.: 5730.15.1 0 February 14, 2014 Page 2 of2 Based on the Terms of Reference for the SAC, a diverse group of GVW customers will be brought together with no prior involvement in the development of the MWP to review the 2012 MWP in order to bring a variety of new perspectives to the table . This group will have representation from a broad spectrum of customers within independent rate classes (i.e. residential , industrial, commercial , institutional and agricultural). The SAC will first review the MWP assumptions as provided by the GVAC that provide direction for the MWP. Based on these assumptions, the SAC will then review each of the ten (10) Technical Memoranda of the 2012 MWP and provide input from a stakeholder and community perspective which will be considered as part of the 2012 MWP review. Zee ~-:r~~~~~;Eng . Man ~ vv ~ -fD/ Dale q aggart, P.E g. Gen~ anager, E gineering BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Additional Item E.10 REGIONAL DISTRICT OF NORTH OKANAGAN TERMS OF REFERENCE – Greater Vernon Water 2012 Master Water Plan Stakeholder Advisory Committee A SELECT COMMITTEE OF THE BOARD OF DIRECTORS OF THE REGIONAL DISTRICT OF NORTH OKANAGAN ESTABLISHED UNDER s. 795 OF THE LOCAL GOVERNMENT ACT ENDORSED BY THE BOARD OF DIRECTORS ON: PURPOSE: The purpose of the Stakeholder Advisory Committee (SAC) is to provide input on options for the future improvements to the Greater Vernon Water (GVW) System and provide for public participation in the Master Water Plan (MWP) review process. Input provided will be incorporated into decision making to the maximum extent possible. Overall, the SAC shall work together to satisfy the following roles and responsibilities: 1. Review the assumptions and determine if the objectives, development and recommended direction in each of the Technical Memoranda of the 2012 MWP corresponds with stakeholder and community perspectives, 2. Based on the review above, develop recommendations/ suggestions for consideration to amend the Technical Memorandum, 3. Ensure all options are considered, 4. Assist in effective public communication and education regarding the GVW MWP; and 5. Communicate directly with major water users about the water treatment and separation goals and their role in implementing the MWP. SCOPE: DEFINED RESPONSIBILITIES: COMPOSITION: The scope of the SAC is to review the 2012 MWP and provide input from a stakeholder and community perspective which will be considered as part of the 2012 MWP review. Responsibilities of committee members are: 1. Attend monthly meetings over a six month period. 2. Participate in the public meeting(s) (dates to be determined). 3. Identify an alternate representative in the event of a conflict with a scheduled meeting time. Allow us to post your name and organization on the project website. The overall SAC members are to be made up a group of stakeholders. These stakeholders will have the following characteristics: BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Additional Item E.10 Terms of Reference – GVW 2012 Master Water Plan Stakeholder Advisory Committee -2- • • • • • GVW Customers, Independent, Demographically diverse, No prior involvement in the MWP development process, and Geographic representation within the GVW Service boundary A Technical Advisory Support Group shall be comprised of the following: 1. RDNO General Manager of Engineering 2. Manager – Greater Vernon Water (Alternate) 3. RDNO staff (as required for information) 4. Interior Health (as required) 5. AECOM – Author of 2012 MWP (as required) The Technical Advisory Support Group shall be non-voting members and will have a supporting function only for the SAC and will be responsible for reporting activities and recommendations from the SAC to the GVAC. Stakeholders of the SAC will consist of a group of 14 people who can commit to the MWP review process and with the following representation: 1. One (1) representative from the GVAC who is a member of the Stakeholder group and who will act as Chair of the SAC meetings, 2. Two (2) representatives from Agricultural, 3. Two (2) representatives that are high water use consumers from the Non-Domestic Class, 4. Two (2) representatives from the Non-Domestic customer class that provides services to sensitive customers (i.e. Vernon Jubilee Hospital, School Board, care facility, etc.) 5. One (1) representative from a major Industrial user 6. Four (4) representatives from the residential user class 7. One (1) representative from the Developer class (Can be the Urban Development Institute or other representative group) 8. One (1) representative from a local service group The role of committee members is to invest time and energy in learning about the GVW System, water treatment and distribution, actively participate in meetings and work constructively and collaboratively with committee members to achieve the committee purpose. This is a voluntary position. BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Additional Item E.10 Terms of Reference – GVW 2012 Master Water Plan Stakeholder Advisory Committee -3- Members shall be requested to provide one (1) months notice of membership termination in order to appoint an alternate representative. APPOINTMENTS: CHAIR AND VICE CHAIR: TERM: REPORTING: REMUNERATION: OTHER: Appointments shall be selected by the GVAC and forwarded as a recommendation to the Board of Directors. 1. The GVAC will elect a chairperson for the SAC from among its members and/or the Board of Directors before the first SAC meeting is held. 2. The role of the Chair will be to facilitate the SAC meetings according to Robert’s Rules. In the absence of the Chair, an alternate GVAC member or staff representative will be Acting Chair for that meeting. 1. It is anticipated that the SAC will meet monthly over a six month period to review the 2012 MWP and provide recommendations to the GVAC. 2. The SAC term for members is six (6) months. The SAC is an advisory Committee to the GVAC and recommendations from the SAC shall be forwarded to the following GVAC meeting for consideration. Committee member positions are deemed voluntary. 1. RECORD OF MEETINGS 1.1 1.2 The assigned Secretary (RDNO staff) will be responsible for preparation of the records (minutes) for all Committee meetings. Records and all documents shall be forwarded to the GVAC to be received for information.. 2. CONDUCT OF MEMBERS AT MEETINGS Committee members are expected to be respectful of one another and to offer input and suggestions that are relevant, constructive and productive. Recommendations will be based on consensus of the stakeholders. No votes will be held to determine the group’s position on issues or recommendations to the GVAC. Where consensus exists, it will be noted. Where it does not exist, majority opinions may be considered to have merit and will be noted. In the context of the committee, consensus will be defined as “I will support the decision of the group.” 2.1 2.2 Members should be committed to providing advice on developing recommendations. Members will respect the ideas, concerns and opinions of others. BOARD of DIRECTORS - REGULAR AGENDA June 17, 2015 - Additional Item E.10 Terms of Reference – GVW 2012 Master Water Plan Stakeholder Advisory Committee -4- 2.3 Everyone will have an opportunity to speak, but only one person shall speak at a time as determined by the Chair. There will be a timekeeper to ensure all persons concerns are heard within an allotted time. For clarity, these Terms of Reference do not delegate any authority or corporate powers to the SAC.
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