REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING Wednesday, September 3, 2014 4:00 p.m. REGULAR AGENDA A. APPROVAL OF AGENDA 1. Board of Directors – September 3, 2014 (Opportunity for Introduction of Late Items) (Opportunity for Introduction of Late Items – In Camera Agenda) RECOMMENDATION 1 (Unweighted Corporate Vote – Simple Majority) That the Agenda of the September 3, 2014 regular meeting of the Board of Directors be approved as presented. B. ADOPTION OF MINUTES 1. Board of Directors – August 20, 2014 RECOMMENDATION 2 Page 1 (Unweighted Corporate Vote – Simple Majority) That the minutes of the August 20, 2014 meeting of the Board of Directors be adopted as circulated. 2. Public Hearing [Bylaws 2552 and 2553] – August 20, 2014 RECOMMENDATION 3 Page 12 (Unweighted Corporate Vote – Simple Majority) That the minutes of the August 20, 2014 Public Hearing [Bylaws 2552 and 2553] of the Board of Directors be adopted as circulated. 3. Public Hearing [Bylaw 2626] – August 20, 2014 RECOMMENDATION 4 Page 16 (Unweighted Corporate Vote – Simple Majority) That the minutes of the August 20, 2014 Public Hearing [Bylaw 2626] of the Board of Directors be adopted as circulated. Board of Directors Agenda – Regular C. -2- September 3, 2014 DELEGATIONS 1. Shuswap Watershed Council Mike Simpson − Activities and development of 2015-2020 Water Quality Program D. Page 18 UNFINISHED BUSINESS 1. Bylaw 2603 - Electoral Areas “D” and “E” Official Community Plan Amendment − Staff report dated August 18, 2014 RECOMMENDATION 5 Page 19 (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. 2603 which proposes to amend the Official Community Plan to include Policies regarding Genetically Modified Organisms, be given Third Reading. RECOMMENDATION 6 (Part 26 – Special Voting – Includes Electoral Areas Only – 2/3 Majority) That Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2603, be Adopted. 2. Bylaw 2626 - Electoral Areas “B” and “C” Official Community Plan − Staff report dated August 22, 2014 RECOMMENDATION 7 Page 31 (Part 26 – Special Voting – Includes Electoral Areas Only) That Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2014 be amended as outlined in the report dated August 22, 2014 from the Planning Department. RECOMMENDATION 8 (Part 26 – Special Voting – Includes Electoral Areas Only) That Electoral Areas “B” and “C” Official Community Plan Bylaw No 2626, 2014 be Adopted. 3. Bylaw 2638 - Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw 2639 - Rezoning − Staff report dated August 20, 2014 RECOMMENDATION 9 Page 140 (Part 26 – Special Voting – Includes Electoral Areas Only) That Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2638, 2014 which proposes to change the land use designation of the property legally described as Lot 1, District Lot 3736, ODYD, Plan KAP59750 and located at Board of Directors Agenda – Regular -3- September 3, 2014 16 Birch Road, Electoral Area “D” from Non Urban to Small Holdings be given Second Reading and referred to Public Hearing. RECOMMENDATION 10 (Part 26 – Special Voting – Includes Electoral Areas Only) That Rezoning Bylaw No. 2639, 2014 which proposes to rezone the property legally described as Lot 1, District Lot 3736, ODYD, Plan KAP59750 and located at 16 Birch Road, Electoral Area “D” from the Non-Urban (N.U) Zone to the Small Holdings (S.H) Zone be given Second Reading and referred to Public Hearing. E. NEW BUSINESS 1. Air Shed Quality Management – Service Establishment − Staff report dated August 20, 2014 RECOMMENDATION 11 Page 149 (Unweighted Corporate Vote – Simple Majority) That the Board of Directors receive the letter from the District of Coldstream entitled ‘Air Shed Quality Management Committee’ dated August 19, 2014 for information and further; That the Board of Directors provide direction to staff regarding the establishment of a service to support such a committee. 2. Greater Vernon Water Utility Capital Works – Indirect Cost Determination − Staff report dated August 8, 2014 RECOMMENDATION 12 Page 155 (Customized Stakeholder Vote – Includes Coldstream, Vernon and Electoral Areas “B” and “C”) That the report ‘GVWU Capital Works – Indirect Cost Determination’ dated August 8, 2014 be received for information. F. BUSINESS ARISING FROM DELEGATIONS G. REPORTS 1. Standing and Select Committees RECOMMENDATION 13 Page 158 (Unweighted Corporate Vote – Simple Majority) That the minutes of the following meeting be received for information: − Greater Vernon Advisory Committee – Special – August 14, 2014 (unadopted) Board of Directors Agenda – Regular -4- September 3, 2014 2. External Committee Reports 3. Chief Administrative Officer’s Report 4. Chair’s Report H. IN CAMERA RECOMMENDATION 14 (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),(e) and (k) of the Community Charter. I. REPORT FROM IN CAMERA J. ADJOURNMENT BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a REGULAR meeting of the BOARD of DIRECTORS of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Wednesday, August 20, 2014. Members: Director R. Fairbairn Director S. Fowler Director D. Dirk Director K. Acton Alternate Director E. Shipmaker Director J. Brown Director R. Sawatzky Director J. Cunningham Director C. Lord Director M. O’Keefe Director B. Fleming Director M. Macnabb Director E. Foisy Director J. Pearase Electoral Area “D” City of Armstrong District of Coldstream Village of Lumby 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” Vice Chair Staff: D. Sewell L. Mellott R. Smailes P. Juniper C. Mazzotta Z. Marcolin G. Routley D. Danallanko T. Nelson K. Pinkoski L. Frank C. Howkins Chief Administrative Officer General Manager, Electoral Area Administration General Manager, Planning and Building Deputy Corporate Officer Information Services Manager Manager Greater Vernon Water Deputy Planning Manager RDF Operations Manager Community Development Coordinator Parks Planner Sustainability Coordinator Senior Clerk (taking minutes) Also Present: Alternate Director J. Garlick Councilor G. Kiss Media and Public District of Coldstream District of Coldstream John Bartell, Engineering Technician / Water Source Protection was acknowledged for his 10 years of service to the Regional District of North Okanagan. CALL MEETING TO ORDER The meeting was called to order at 4:50 p.m. Page 1 of 159 Board of Directors Minutes – Regular -2- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 August 20, 2014 APPROVAL OF AGENDA Board of Directors – August 20, 2014 Moved and seconded by Directors Acton and Fleming That the Agenda of the August 20, 2014 regular meeting of the Board of Directors be approved as amended: – Item E.1a – Bylaw 2631 – Item E.1b – Bylaw 2632 – Item E.1c – Bylaw 2633 CARRIED ADOPTION OF MINUTES Board of Directors – July 16, 2014 Moved and seconded by Directors Sawatzky and Cunningham That the minutes of the July 16, 2014 meeting of the Board of Directors be adopted as circulated. CARRIED Board of Directors – Special – July 16, 2014 Moved and seconded by Directors Acton and Fowler That the minutes of the July 16, 2014 special meeting of the Board of Directors be adopted as circulated. CARRIED Public Hearing [Bylaw 2650] – July 16, 2014 Moved and seconded by Directors Cunningham and Brown That the minutes of the July 16, 2014 Public Hearing [Bylaw 2650] of the Board of Directors be adopted as circulated. CARRIED DELEGATIONS Okanagan Basin Water Board - Anna Warwick-Sears Anna Warwick Sears, Executive Director for the Okanagan Basin Water Board (OBWB) gave a PowerPoint presentation and provided an update to the Board on current and ongoing projects and initiatives. Ms. Sears requested that the Regional District of North Okanagan reauthorize the OBWB Water Management Program for a new term ending March 31, 2019. Agricultural Land Commission Application MERTION, Klayton [File No. 14-0168-C-ALR] Becky and Klayton Mertion provided an update and spoke in support of their application. Page 2 of 159 Board of Directors Minutes – Regular -3- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 August 20, 2014 Agricultural Land Commission Application Bluenose Poultry Ltd. c/o David and Tara Barg [File No. 14-0195-D-ALR] No one was present to speak to this matter. NEW BUSINESS Bylaw 2597 – Greater Vernon Recreation and Programming Grant Service Establishment Moved and seconded by Directors Dirk and Sawatzky That Greater Vernon Recreation and Programming Grant Service Establishment Bylaw No. 2597, 2013 be Adopted. CARRIED Bylaw 2631 – Electoral Areas “B” and “C” Community Parks Service Establishment Amendment Moved and seconded by Directors Dirk and Sawatzky That Electoral Areas “B” and “C” Community Parks Service Establishment Amendment Bylaw No. 2631, 2014 be Adopted. CARRIED Bylaw 2632 – Greater Vernon Parks, Recreation and Culture Service Establishment Amendment Moved and seconded by Directors Dirk and Sawatzky That Greater Vernon Parks, Recreation and Culture Service Establishment Amendment Bylaw No. 2632, 2014 be Adopted. CARRIED Bylaw 2633 – Vernon & District Multi-Use Facility Local Service Establishment Amendment Moved and seconded by Directors Dirk and Sawatzky That Vernon & District Multi-Use Facility Local Service Establishment Amendment Bylaw No. 2633, 2014 be Adopted. CARRIED Bylaw 2552 – Electoral Area “F” Official Community Plan Amendment Bylaw 2553 – Rezoning Bylaw FORSTER c/o POGGEMOELLER [File No. 12-0130-F-OR] Moved and seconded by Directors Pearase and Foisy That Electoral Area “F” Official Community Plan Amendment Bylaw No. 2552, 2012, which proposes to: • amend the land use designation of a 4.9 ha portion of the property legally described as That Part NW 1/4, Sec 2, Lying West of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: (1) Plan R170 (2) Parcel A (DD134553F) and located at 6314 Highway 97A, Electoral Area “F” from Agricultural to Industrial as shown on Schedule “A” attached to and forming part of Bylaw 2552, and Page 3 of 159 Board of Directors Minutes – Regular -4- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 August 20, 2014 • amend the land use designation of a 4.9 ha portion of the property legally described as Lot A, DL 526, KDYD, Plan KAP60768 and located at 91 Crandlemire Road, Electoral Area “F” from Industrial to Agricultural as shown on Schedule “B” attached to and forming part of Bylaw 2552, be given Third Reading. CARRIED Moved and seconded by Directors Pearase and Foisy That Rezoning Bylaw No. 2553, 2012, which proposes to: • rezone a 4.9 ha portion of the property legally described as That Part NW 1/4, Sec 2, Lying West of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: (1) Plan R170 (2) Parcel A (DD134553F) and located at 6314 Highway 97A, Electoral Area “F” from Large Holding Zone (L.H) to General Industrial Zone (I.2) as shown on Schedule “A” attached to and forming part of Bylaw 2553; and • add the following as 602.10.j in Zoning Bylaw No. 1888, 2003: Notwithstanding the permitted uses listed under Section 602(1) in this bylaw, the use of the 4.9 ha General Industrial (I.2) zoned portion of the property legally described as That Part NW 1/4, Sec 2, Lying West of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: (1) Plan R170 (2) Parcel A (DD134553F) and located at 6314 Highway 97A, Electoral Area “F” be limited to the manufacturing, processing, and storage of wood products including lumber and building materials, millwork products, plywood and veneer, poles, prefabricated and structural wood products, shingles, and wood preserving; and • rezone a 4.9 ha portion of the property legally described as Lot A, DL 526, KDYD, Plan KAP60768 and located at 91 Crandlemire Road, Electoral Area “F” from General Industrial Zone (I.2) to Large Holding Zone (L.H) as shown on Schedule “B” attached to and forming part of Bylaw 2553 be given Third Reading. CARRIED Bylaw 2613 – Zoning Text Amendment [Mineral Extraction] Moved and seconded by Directors Macnabb and Fleming That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013, which proposes to amend regulations related to limited resource use within the Country Residential Zone, be amended by replacing Section B.1 with the following: “Division Eight of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by replacing the first paragraph of Section 802.10.h with the following: For the purposes of this section Limited Resource Use means a use of a lot providing for the conservation, management, and extraction of primary forest, mineral, and other resource materials grown on or originating from the same lot. Within Electoral Areas “D”, “E” and “F”, Limited Resource Use includes the following processing activities: preliminary grading, cutting or crushing of such materials for shipment. Within Electoral Areas “B” and “C”, Limited Resource Use excludes all processing activities.”; and further, That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013 be given Second Reading as amended; and further, That Regional District of North Okanagan Zoning Text Amendment Bylaw No. 2613, 2013, as amended, be referred to internal departments, Ministry of Energy and Mines, Agricultural Land Commission and various agencies for review and comment. CARRIED Page 4 of 159 Board of Directors Minutes – Regular -5- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 August 20, 2014 Bylaw 2647 – Regional District of North Okanagan Soil Removal and Deposit Moved and seconded by Directors Macnabb and Fleming That First Reading of Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2620, 2014, which proposed to prohibit the removal and deposit of soil material within Electoral Areas “B” and “C” of the Regional District of North Okanagan, be rescinded and the bylaw be abandoned; and further, That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2647, 2014, which proposes to establish regulations regarding the application, approval, suspension or denial of permits for the removal and deposit of soil material within Electoral Areas “B” and “C” of the Regional District of North Okanagan, be given First Reading; and further, That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2647, 2014, be referred to internal departments, Ministry of Energy and Mines, Agricultural Land Commission and various agencies for review and comment; and further; That, once Bylaw No. 2647, 2014 is adopted, a transition period of 90 days be provided to existing soil removal and deposit operations, after which Bylaw No. 2647 will have full effect. CARRIED Bylaw 2626 – Electoral Areas “B” and “C” Official Community Plan Moved and seconded by Directors Fleming and Macnabb That Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2014 which proposes to replace the Rural Vernon Official Community Plan Bylaw No. 1708, 2003, and the Electoral Area “B” Westside Official Community Plan Designation Bylaw No. 724, 1986 be given Third Reading. CARRIED Bylaw 2646 – White Valley Parks, Recreation and Culture Fees Imposition Moved and seconded by Directors Acton and Foisy That the White Valley Parks, Recreation and Culture Manual of Fees and Charges for the period of September 1, 2014 to August 31, 2015 be approved. CARRIED Moved and seconded by Directors Acton and Foisy That White Valley Parks and Recreation Fees Imposition Bylaw No. 2646, 2014 be given First, Second and Third Readings. CARRIED Moved and seconded by Directors Foisy and Acton That White Valley Parks and Recreation Fees Imposition Bylaw No. 2646, 2014 be Adopted. CARRIED Bylaw 2648 – Enderby & District Cemetery Regulation Repeal Moved and seconded by Director Pearase and Alternate Director Shipmaker That Enderby & District Cemetery Regulation Repeal Bylaw No. 2648, 2014 be given First, Second and Third Readings. CARRIED Page 5 of 159 Board of Directors Minutes – Regular -6- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 August 20, 2014 Moved and seconded by Director Pearase and Alternate Director Shipmaker That Enderby & District Cemetery Regulation Repeal Bylaw No. 2648, 2014, be Adopted. CARRIED Bylaw 2649 – Mabel Lake Community Domestic Water Service Establishment Amendment Moved and seconded by Directors Pearase and Macnabb That Mabel Lake Community Domestic Water Service Establishment Amendment Bylaw No. 2649, 2014 be given First, Second and Third Readings. CARRIED Moved and seconded by Directors Pearase and Acton That Mabel Lake Community Domestic Water Service Establishment Amendment Bylaw No. 2649, 2014, be Adopted. CARRIED Bylaw 2652 – Rezoning SIX STAR HOLDINGS LTD. c/o Brian Monaghan [File No. 14-0155-B-RZ] Moved and seconded by Directors Fleming and Pearase That Rezoning Bylaw No. 2652, 2014 which proposes to rezone the property legally described as That Part of Lot 2, Block 5 Lying East of the Road Shown on Plan H433, Sec 23, Twp 8, ODYD, Plan 749, Except Plans 33945 and H16713 and located at Highway 97, Electoral Area “B” from Country Residential (C.R) to Service Commercial (C.4) be given First and Second Readings; and be forwarded to a Public Hearing; and further, That Final Adoption of Rezoning Bylaw No. 2652, 2014 be withheld until: 1) the applicant submits design recommendations from a consulting engineer regarding the proposed on-site sewage disposal and stormwater management systems and registers a covenant that would restrict permitted uses on the subject property to those which would generate a maximum daily sewage flow of 1400 litres per day or less; or 2) if the development would generate maximum daily sewage flow in excess of 1400 litres per day, the applicant submits: − a hydrological assessment from a hydrological engineer that reviews local groundwater and surface water conditions with consideration of possible contamination of Swan Lake or a tributary watercourse or ditch; and − a geotechnical evaluation from a geotechnical engineer that reviews local soil conditions with the identification of a primary and separate backup drainfield location which would be protected by a covenant; and − a design for a sewage disposal and stormwater management system prepared by a civil engineer; and 3) the applicant registers a covenant against the title of the subject property that would prohibit fee-simple or bareland strata subdivision of the subject property until a community sewer system is available; and 4) the Ministry of Transportation and Infrastructure has endorsed the Bylaw in accordance with the requirements of Section 52(3) of the Transportation Act. CARRIED Page 6 of 159 Board of Directors Minutes – Regular -7- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 August 20, 2014 Bylaw 2653 – Regional District of North Okanagan 2014 – 2018 Five Year Financial Plan Amendment Moved and seconded by Directors Acton and Fowler That Regional District of North Okanagan 2014 - 2018 Five Year Financial Plan Amendment Bylaw No. 2653, 2014 be given First, Second and Third Readings. CARRIED Moved and seconded by Directors Cunningham and Sawatzky That Regional District of North Okanagan 2014 - 2018 Five Year Financial Plan Amendment Bylaw No. 2653, 2014 be Adopted. CARRIED Agricultural Land Commission Application MERTION, Klayton [File No. 14-0168-C-ALR] Moved and seconded by Directors Macnabb and Fleming That the application of Klayton Mertion under Section 20(3) of the Agricultural Land Commission Act for a nonfarm use (removal of 52,800 m3 of gravel) on the properties legally described as Lot 96, Sec 7, Twp 5, ODYD, Plan 352 AND Lot 111, Sec 7, Twp 5, ODYD, Plan 352, Except Parcels A and B shown on Plan A163 and located at 5801 Brentwood Road, Electoral Area “C” not be authorized for submission to the Agricultural Land Commission. CARRIED Opposed: Directors Foisy, O’Keefe, Fairbairn, Brown and Alternate Director Shipmaker Agricultural Land Commission Application Bluenose Poultry Ltd. c/o David and Tara Barg [File No. 14-0195-D-ALR] Moved and seconded by Directors Dirk and Pearase That the application of Bluenose Poultry Ltd. (David and Tara Barg) under Section 20(3) of the Agricultural Land Commission Act which requests permission to have a second dwelling unit for farm help on the property legally described as The East 50 Acres of the North West ¼ of DL 435, ODYD, Except Plans 20372, 23555 and 26767 and located at 1090 Whitevale Road, Electoral Area “D” be approved. CARRIED City of Vernon Sanitary Sewer Connection Referral 4803 Pleasant Valley Road [File No. 13-0378-B-REF] Moved and seconded by Directors Acton and Fleming That consent be provided, under Section 13 of the Community Charter, for the extension of City of Vernon sanitary sewer service to the property legally described as Lot A, Plan Epp21497, Sec 11, Tp 8, ODYD, and located at 4803 Pleasant Valley Road, Electoral Area “B”, subject to the property not being annexed into the City until such a time as a boundary adjustment agreement has been established between the City of Vernon and the Regional District of North Okanagan. CARRIED Opposed: Directors Cunningham, O’Keefe, Lord and Sawatzky Page 7 of 159 Board of Directors Minutes – Regular -8- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 August 20, 2014 City of Vernon Annexation and Service Connection Referral 6467 Goose Lake Road [File No. 14-0244-B-REF] Moved and seconded by Directors Fleming and Macnabb That the annexation application for the property legally described as Lot 2, Plan 4354, Sec. 15, Tp. 8, ODYD, and located at 6467 Goose Lake Road; Electoral Area “B” not be supported; and further, That consent be provided, under Section 13 of the Community Charter, for the extension of City of Vernon sanitary sewer service to the property legally described as Lot 2, Plan 4354, Sec. 15, Tp. 8, ODYD, and located at 6467 Goose Lake Road; Electoral Area “B” to address health and environmental concerns, subject to the property not being annexed into the City until such a time as a boundary adjustment agreement has been established between the City of Vernon and the Regional District of North Okanagan. CARRIED Opposed: Directors Cunningham, O’Keefe and Sawatzky Electoral Area “F” Official Community Plan Review Terms of Reference Moved and seconded by Directors Pearase and Foisy That the Terms of Reference for the review of the Electoral Area “F” Official Community Plan attached to the report dated July 21, 2014, be endorsed. CARRIED Renewed Gas Tax Fund Agreement Moved and seconded by Directors Cunningham and Sawatzky That a Committee of the Whole workshop be held to discuss the changes included in the renewed Gas Tax Agreement and implications for planning and budgeting for shared projects. CARRIED Community Works Fund Project #091 Moved and seconded by Directors Acton and Pearase That the construction of protection infrastructure to reduce the long-term risks of flooding of the Kingfisher Interpretive Centre from Cooke Creek be funded in part from the Electoral Area “F” allocation of the Community Works Fund at a cost of up to $50,000. CARRIED Master Water Plan – Water Rates Moved and seconded by Directors Sawatzky and Lord That staff be directed to prepare a report to facilitate the discussion of future Greater Vernon Water Utility rates. The purpose of the report is to allow the politicians to discuss the various potential sources of revenue, including taxation, to satisfy the future anticipated needs of the water utility. The report should include detailed statistics on the present distribution of revenue (2013), including but not limited to: a) number of connections of each type, (breaking out Agricultural, Residential, Industrial, Commercial, Institutional, and other) b) present rates charged, and total income received, for each type of customer and service (including fire hydrants). Page 8 of 159 Board of Directors Minutes – Regular -9- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 August 20, 2014 c) detailed maps outlining and differentiating the areas that are and are not presently serviced by the utility, but are geographically within the Greater Vernon taxation area; and further, That the report be brought forward for discussion at the earliest possible Greater Vernon Advisory Committee meeting. CARRIED Water Allocation Purchase for 6709 Cosens Bay Road, Coldstream Moved and seconded by Directors Cunningham and Fleming That the purchase of two (2) hectares (ha) of water allocation for the property located at 6709 Cosens Bay Road, Coldstream and legally described as Lot 1, Plan KAP6964, DL 55, be authorized. CARRIED Public Information Contract – Vernon and District Multi-Use Facility Expansion Referendum Moved and seconded by Directors Cunningham and Sawatzky That a contract to undertake all of the public information requirements associated with a referendum for the borrowing of an expansion to the Vernon and District Multi-Use Facility be awarded to the City of Vernon in the amount of $20,000 contingent on the referendum proceeding. CARRIED Haddo Dam Weir – Low Level Outlet Improvements Moved and seconded by Directors Dirk and Sawatzky That the approved budget for the Haddo Dam Low Level Outlet Improvements be increased by $30,000 to complete unplanned corrections to the weir downstream of Haddo Dam. CARRIED Greater Vernon Minor Hockey Association Moved and seconded by Directors Dirk and Sawatzky That staff be directed to develop a comprehensive report outlining the past practice and future potential options regarding grant support for Minor Hockey relating to the Okanagan Training Rink. CARRIED North Okanagan Cycling Society (NOCS) [DOWHANIUK, Mark and BALL, Matt] Moved and seconded by Directors Dirk and Sawatzky That staff be directed to work with the North Okanagan Cycling Society and stakeholders to discuss the development of mountain bike friendly, multi use, single track trails in accordance with Regional District Trail Standards within the Ranchlands Park and bring back a report on the discussions to the Greater Vernon Advisory Committee. CARRIED Page 9 of 159 Board of Directors Minutes – Regular - 10 - BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 August 20, 2014 Appointment of Election Officials – 2014 General Local Elections and Assent Voting Moved and seconded by Directors Sawatzky and Lord That pursuant to Section 41 (1) and (2) of the Local Government Act, Leah Mellott be appointed Chief Election Officer for conducting the 2014 general local elections and assent voting with power to appoint other election officials as required for the administration and conduct of the 2014 general local elections and assent voting; and further, That Paddy Juniper be appointed Deputy Chief Election Officer for the 2014 general local elections and assent voting. CARRIED BUSINESS ARISING FROM DELEGATIONS Okanagan Basin Water Board – Water Management Program Moved and seconded by Directors Dirk and Pearase That consideration of the request from the Okanagan Basin Water Board as outlined below be postponed until the September 3, 2014 Board of Directors meeting: That the Regional District of North Okanagan, upon mutual agreement with the Regional Districts of Central Okanagan and Okanagan-Similkameen, reaffirms support, until March 31, 2019, for the Okanagan Basin Water Board’s Water Management Program under the terms of reference given in the OBWB Governance Manual, as adopted by this board in 2010, and supports adjusting the review period to remain consistent with the municipal election cycle. CARRIED REPORTS Standing and Select Committees Moved and seconded by Directors Dirk and Cunningham That the minutes of the following meetings be received for information: − Electoral Area Advisory Committee – Regular – August 7, 2014 (unadopted) − Greater Vernon Advisory Committee – Regular – August 7, 2014 (unadopted) − Greater Vernon Advisory Committee – Special – July 10, 2014 (unadopted) − Regional Agricultural Advisory Committee – Regular – July 17, 2014 (unadopted) − White Valley Parks, Recreation and Culture Advisory Committee – Regular – July 15, 2014 (unadopted) CARRIED External Committee Reports Directors provided updates for the following external committees: – Okanagan Regional Library (ORL) – Okanagan Basin Water Board (OBWB) – Director Fleming advised that a sign has been erected at the Community Sports Field and Track Facility – Director Pearase complimented the City of Enderby on their hosting of the Girl Guides. Page 10 of 159 Board of Directors Minutes – Regular - 11 - BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.1 August 20, 2014 Chief Administrative Officer’s Report The General Manager, Planning and Building provided an update on the recent meeting for changes to the Agricultural Land Commission Act. It was noted that the deadline for submissions is August 22, 2014. Moved and seconded by Directors Macnabb and Dirk That the Regional District of North Okanagan supports a joint submission with Okanagan Similkameen Regional District and Regional District of Central Okanagan regarding proposed changes to the Agricultural Land Commission Act be supported. CARRIED Chair’s Report The Chief Administrative Officers from Vernon and Coldstream, and the Regional District of North Okanagan General Manager, Electoral Area Administration were complimented on their efforts in moving the Greater Vernon Parks and Recreation restructuring plan forward. IN CAMERA Moved and seconded by Directors Cunningham and Lord That, pursuant to Section 92 of the Community Charter, the regular meeting of the Board of Directors convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(e), (g) and (k) of the Community Charter. CARRIED The regular meeting of the Board of Directors adjourned to meet In Camera at 7:17 p.m. The regular meeting of the Board of Directors reconvened at 8:07 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 8:08 p.m. CERTIFIED CORRECT Chair Corporate Officer Page 11 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.2 REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a PUBLIC HEARING (BYLAW 2552 and 2553) of the BOARD of DIRECTORS of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Wednesday, August 20, 2014. Members: Director R. Fairbairn Director S. Fowler Director D. Dirk Director K. Acton Alternate Director E. Shipmaker Director J. Brown Director R. Sawatzky Director J. Cunningham Director C. Lord Director M. O’Keefe Director B. Fleming Director M. Macnabb Director E. Foisy Director J. Pearase Electoral Area “D” City of Armstrong District of Coldstream Village of Lumby 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” Staff: D. Sewell R. Smailes L. Mellott P. Juniper C. Mazzotta Z. Marcolin G. Routley L. Frank C. Howkins Chief Administrative Officer General Manager, Planning and Building General Manager, Electoral Area Administration Deputy Corporate Officer Information Services Manager Manager Greater Vernon Water Deputy Planning Manager Sustainability Coordinator Senior Clerk (taking minutes) Councilor G. Kiss Media and Public District of Coldstream Also Present: CALL PUBLIC HEARING TO ORDER The Chair called the Public Hearing to order at 4:01 p.m. INTRODUCTION OF BYLAW Electoral Area “F” Official Community Plan Amendment Bylaw No. 2552, 2012 Rezoning Bylaw No. 2553, 2012 NORTH ENDERBY TIMBER [File No. 12-0130-F-OR] Page 12 of 159 Vice Chair Public Hearing Minutes -2- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.2 August 20, 2014 Bylaw 2552 – Electoral Area “F” Official Community Plan Amendment Purpose: A bylaw to: • amend the land use designation of a 4.9 ha portion of the property legally described as That Part NW 1/4, Sec 2, Lying West of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: (1) Plan R170 (2) Parcel A (DD134553F) and located at 6314 Highway 97A, Electoral Area “F” from Agricultural to Industrial • amend the land use designation of a 4.9 ha portion of the property legally described as Lot A, DL 526, KDYD, Plan KAP60768 and located at 91 Crandlemire Road, Electoral Area “F” from Industrial to Agricultural Bylaw 2553 – Rezoning Bylaw Purpose: A bylaw to: • rezone a 4.9 ha portion of the property legally described as That Part NW 1/4, Sec 2, Lying West of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: (1) Plan R170 (2) Parcel A (DD134553F) and located at 6314 Highway 97A, Electoral Area “F” from Large Holding Zone (L.H) to General Industrial Zone (I.2) • add the following as 602.10.j in Zoning Bylaw No. 1888, 2003: Notwithstanding the permitted uses listed under Section 602(1) in this bylaw, the use of the 4.9 ha General Industrial (I.2) zoned portion of the property legally described as That Part NW 1/4, Sec 2, Lying West of the Spallumcheen River, Twp 19, R9, W6M, KDYD, Except: (1) Plan R170 (2) Parcel A (DD134553F) and located at 6314 Highway 97A, Electoral Area “F” be limited to the manufacturing, processing, and storage of wood products including lumber and building materials, millwork products, plywood and veneer, poles, prefabricated and structural wood products, shingles, and wood preserving; and • rezone a 4.9 ha portion of the property legally described as Lot A, DL 526, KDYD, Plan KAP60768 and located at 91 Crandlemire Road, Electoral Area “F” from General Industrial Zone (I.2) to Large Holding Zone (L.H) The General Manager, Planning and Building introduced the bylaws and advised seven (7) written submission(s) had been received and provided the Board with a synopsis of the content of the letters from the following people: Ron and Marg Hagart 216 Anderson Road – Opposed Richard and Margo Finnson 187 Anderson Road – Opposed Tilman Enahm 450 Old Sicamous Road – Opposed Richard and Irene Montgomery 229 Glenmary Road – Opposed Page 13 of 159 Public Hearing Minutes -3- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.2 August 20, 2014 Jose Schell 701 ch. McDonald, Low, Quebec – Opposed Roy & Iris van Ryswyk 209 Glenmary Road, Enderby, BC – Opposed Cora Anthony, Chase BC - In favour PUBLIC PRESENTATIONS The Chair asked if there were persons present who wished to speak to the bylaw: Herman Halvorson 51 Foxwood Road – In favour Shawn Poggemoeller 7094 Foothills Place – In favour Larry Poggemoeller 255 Mendenhall Road – In favour Ted Curtis 5058 Parkinson Road – In favour Sam Polson 15 Keene Road, Enderby, BC – In favour Craig Fleischhacker 580 Mt. Thor Drive – In favour Kevin Reimer 105 Hwy 97B, Enderby, BC – In favour Corey Poggemoeller 342 Inverness Drive - In favour Page 14 of 159 Public Hearing Minutes -4- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.2 August 20, 2014 CLOSE PUBLIC HEARING There being no one further to speak to Bylaw 2552 and 2553, the Public Hearing was closed at 4:43 p.m. CERTIFIED CORRECT Vice Chair Corporate Officer Page 15 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.3 REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a PUBLIC HEARING (BYLAW 2626) of the BOARD of DIRECTORS of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Wednesday, August 20, 2014. Members: Director R. Fairbairn Director S. Fowler Director D. Dirk Alternate Director E. Shipmaker Director K. Acton Director J. Brown Director R. Sawatzky Director J. Cunningham Director C. Lord Director M. O’Keefe Director B. Fleming Director M. Macnabb Director E. Foisy Director J. Pearase Electoral Area “D” City of Armstrong District of Coldstream City of Enderby Village of Lumby Township of Spallumcheen City of Vernon City of Vernon City of Vernon City of Vernon Electoral Area “B” Electoral Area “C” Electoral Area “E” Electoral Area “F” Staff: D. Sewell R. Smailes L. Mellott P. Juniper C. Mazzotta Z. Marcolin G. Routley L. Frank C. Howkins Chief Administrative Officer General Manager, Planning and Building General Manager, Electoral Area Administration Deputy Corporate Officer Information Services Manager Manager Greater Vernon Water Deputy Planning Manager Sustainability Coordinator Senior Clerk (taking minutes) Councilor G. Kiss Media and Public District of Coldstream Also Present: Vice Chair CALL PUBLIC HEARING TO ORDER The Chair called the Public Hearing to order at 4:44 p.m. INTRODUCTION OF BYLAW Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2014 Bylaw 2626 - Electoral Areas “B” and “C” Official Community Plan Purpose: A bylaw to replace the Rural Vernon Official Community Plan Bylaw No. 1708, 2003, and the Electoral Area “B” Westside Official Community Plan Designation Bylaw No. 724, 1986. Page 16 of 159 Public Hearing Minutes -2- BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item B.3 August 20, 2014 The General Manager, Planning and Building introduced the bylaw and advised one written submission(s) had been received and provided the Board with a synopsis of the content of the letters from the following people: Josh Galloway 7601 McLennan Road – Opposed PUBLIC PRESENTATIONS The Chair asked if there were persons present who wished to speak to the bylaw. No one present spoke to the bylaw. CLOSE PUBLIC HEARING There being no one further to speak to Bylaw 2626, the Public Hearing was closed at 4:49 p.m. CERTIFIED CORRECT Vice Chair Corporate Officer Page 17 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item C.1 Page 18 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 13-0226-D-TA TO: Board of Directors FROM: Planning Department DATE: August 18, 2014 Electoral Areas "D" and "E" OCP Amendment Bylaw No. 2603, 2013 [Genetically Modified Organisms] SUBJECT: RECOMMENDATION: That following consideration of comments received at the Public Hearing, Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2603 which proposes to amend the Official Community Plan to include Policies regarding Genetically Modified Organisms, be given Third Reading. That Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2603, be adopted. DISCUSSION: Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2603 proposes to amend the Official Community Plan to include Policies regarding Genetically Modified Organisms. The amendment was considered by the Board of Directors at the Regular Meeting of August 21, 2013 at which time the Board gave Bylaw No. 2603 First Reading and referred the Bylaw to various internal and external agencies in accordance with Sections 879, 881 and 882 of the Local Government Act. On February 5, 2014, Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2603 was considered by the Board of Directors and was given Second Reading, as amended and the Board also resolved to forward the Bylaw to a Public Hearing. The Public Hearing for the amendment and associated Bylaw has been advertised in the local newspapers, all in accordance with the Regional District Development Application Procedures and Administrative Fees Bylaw and the provisions of the Local Government Act. The Planning Department recommends that upon consideration of comments received at the Public Hearing, Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2603, be given Third Reading. Following the Public Hearing, certain amendments are possible provided the use or density provisions are not changed. As there are no conditions outstanding prior to adoption, if given Third Reading, Bylaw No. 2603 can be also be considered for adoption. Bill 17, 2014 the Miscellaneous Statutes Amendment Act included amendments to streamline local and provincial government land use planning and development approvals. One of these amendments included the removal of the requirement for Ministerial approval for Regional District Official Community Plan Bylaws. The Regional District’s ministerial approval exemption regulation M 040 which has been utilized in the past during the OCP adoption processes is therefore no longer required. Page 19 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 Page 20 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2603 A bylaw to amend Electoral Areas “D” and “E” Official Community Plan Bylaw No. 2485, 2011 WHEREAS pursuant to Section 876 [Authority to adopt a bylaw] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, adopt one or more official community plans; AND WHEREAS the Board has enacted the “Electoral Areas “D” and “E” Official Community Plan Bylaw No. 2485, 2011 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 desirous and expedient to amend “Electoral Areas “D” and “E” Official Community Plan Bylaw No. 2485, 2011”. NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows: A. CITATION This Bylaw may be cited as the “Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2603, 2013”. B. AMENDMENTS 1. Prior to Policy 4.2.19 add the following: For the purpose of Policies 4.2.19, 4.2.20 and 4.2.20, the following definitions will apply: Genetically Modified: An organism, such as a plant, animal or bacterium, is considered genetically modified if its genetic material has been altered through any method, including conventional breeding. Genetically Engineered: An organism is considered genetically engineered if it was genetically modified using techniques that permit the direct transfer or removal of genes in that organism. Such techniques are also called recombinant DNA or rDNA techniques. Page 21 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 Page 2 2. Delete Policy 4.2.19 and replace with the following: Support local agriculture through favourable consideration of proposals that enhance local agriculture through the strengthening of beneficial agricultural practices, support of local food systems, and the expansion of local markets and agri-tourism. The community supports sustainable, traditional and organic agricultural practices in Electoral Areas “D’ and “E”; and 3. Add the following Policies to Section 4.2: 4.2.20: The residents of Electoral Area “E” (Cherryville) do not support the introduction, use, cultivation or propagation of genetically engineered (GE) organisms and encourage Electoral Area “E” agricultural producers to adopt a GE free policy for locally grown agricultural products. 4.2.21: Electoral Areas “D” and “E” encourages senior governments to require the labeling of all products intended for human consumption. Read a First Time this 21st day of August , 2013 Bylaw considered in conjunction with the Regional District Financial Plan and Waste Management Plan this 21st day of August , 2013 Read a Second Time, as amended this 5th day of February , 2014 Advertised on this this 27th 29th day of day of August , 2014 August , 2014 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act this 3rd day of September , 2014 Read a Third Time this day of , 2014 Approved by Minister of Community, Sport and Cultural Development (Local Government Act s. 882) Approval No. this day of , 2014 ADOPTED this day of , 2014 Chair Corporate Officer Page 22 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No. : 13-0226-D-TA TO: Electoral Area Advisory Committee FROM: Planning Department DATE: June 27, 2013 Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2603 (Genetically Modified Organisms) SUBJECT: RECOMMENDATION: That Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2603 which proposes to amend the Official Community Plan to include Policies regarding Genetically Modified Organisms be given First Reading ; and further, That Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2603 be referred to various agencies and First Nations and the Regional District Chief Financial Officer, Regional Engineering Services Manager, Regional Agricultural Advisory Committee, Advisory Planning Committee, Ministry of Agriculture, Agricultural Land Commission in accordance with Sections 879, 881 and 882 of the Local Government Act. DISCUSSION: The Board of Directors passed the following resolution on June 26, 2013: " ... That staff be directed to prepare bylaw amendments to incorporate policy statements into the Electoral Areas "D" and "E" Official Community Plan that reflect the wishes of the community with regard to Genetically Modified Organisms (GMOs)." There is a wide range of agricultural practices that occur within Electoral Area "D" (Greater Lumby) and Electoral Area "E" (Cherryville). Local community members have expressed environmental, economic and health concerns regarding the use of genetically modified (GM) or genetically engineered (GE) crops. The Board of Directors has directed staff to p~epare an Official Community Plan Amendment Bylaw that provides policy direction on the matter of importance to the community. In follow-up to the direction of the Board of Directors, Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2603 (Genetically Modified Organisms) has been prepared for First Reading and is presented with this report. The Regional District of North Okanagan does not have regulatory authority over normal agricultural practices, which included crops that have been modified using genetic engineering techniques. In Canada, the regulation of genetically modified crops and food products is primarily done at the federal level. The Canadian Food Inspection Agency (CFIA) shares responsibility with Health Canada for regulating products derived from biotechnology. Page 23 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 Bylaw No. 2603 (Genetically Modified Organisms) Report to Electoral Area Advisory Committee- June 27, 2013 Page 2 Health Canada 1 is responsible for assessing the human health safety of products derived through biotechnology including foods, drugs, cosmetics, medical devices and pest control products. CFIA is responsible for assessing the safety of plants, animal feeds and animal feed ingredients, fertilizers and veterinary biologics. Genetically engineered food products were first approved by Health Canada in 1994. The Province has jurisdiction over local health, environmental and agricultural issues, subject to federal regulations. With the matter being in senior government (federal and provincial) jurisdiction, there are significant barriers to the implementation of local government regulations relating to GMO seeds and products. Farmers have Right to Farm legislation in BC. Municipal and regional governments cannot enforce restrictions that limit farmers from farming under normal farm practices. Any policy statements addressing Electoral Area "D" (Greater Lumby) and "E" (Cherryville) community concerns regarding genetically modified agricultural products would be considered a broad objective under Section 878(2) 2 of the Local Government Act. These matters are outside the jurisdiction of the Regional District and the Official Community Plan may contain broad community objectives. Community objectives identify actions where the Regional District encourages others to take actions to further the objectives of the Official Community Plan (OCP). These community objectives do not represent a commitment from senior levels of government agencies. In accordance with the requirements of Section 879, 881 and 882 of the Local Government Act, it is recommended that Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2603 (Genetically Modified Organisms) be forwarded to various agencies and First Nations, the Regional Agricultural Advisory Committee and the Regional District Chief Financial Officer and Regional Engineering Services Manager, Regional Agricultural Advisory Committee, Advisory Planning Committee, Ministry of Agriculture, Agricultural Land Commission. Once comments have been received, Official Community Plan Amendment Bylaw will be forwarded to the Board of Directors for further consideration. BACKGROUND: Huguette Allen, a representative of Bee SAFE, presented on genetically modified organisms (GMO), which includes GE crops at the January 16, 2013 Board of Directors meeting and has requested that the Board of Directors consider implementing steps to become GE Free. Approximately 120 residents were in attendance. The Board of Directors passed the following resolutions at the January 16, 2013 meeting: "... That issues regarding the impact of genetically modified organisms on the Regional District of North Okanagan be fo!Warded to the Regional Agricultural Advisory Committee for consideration." "...That staff be directed to foiWard a letter to the Canadian Food Inspection Agency requesting mandatory labeling of genetically products. " 1 Health Canada. (2005). The Regulation of Genetically Modified Foods. Retrieved from http://www.hcsc.qc.ca/sr-sr/pubs/biotech/reg gen mod e.html 2 878 (2): If a local government proposes to include a matter in an official community plan , the regulation of which is not within the jurisdiction of the local government, the plan may only state the broad objective of the local government with respect to that matter unless the minister has, under section 877 (1) (g), required or authorized the local government to state a policy with respect to that matter. Page 24 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 Bylaw No. 2603 (Genetically Modified Organisms) Report to Electoral Area Advisory Committee- June 27, 2013 Page 3 A letter was sent on February 4, 2013 to Minister Ritz, who is responsible for the Canadian Food Inspection Agency, requesting the implementation of mandatory labelling of all genetically modified foods. The Regional District received a response from the President of the Canadian Food Inspection Agency on February 27, 2013 that provided an overview of novel trait regulation and certification procedure. The Regional Agricultural Advisory Committee has had an ongoing discussion regarding GMO within the food system and have not brought forward a recommendation to the Board of Directors to date. The Committee discussion includes some of the following points, including: • Local and regional government does not have regulatory authority over normal farm practices or agricultural product regulation; • The bans that communities have passed are symbolic in nature. • Discussion ensued regarding the issue of GMOs: • Need to separate philosophical and scientific, if it isn't enforceable then it's not a ban so the word ban should not be used • No one can prove that no harm is done, first GMO crops went on the market in the 1970's, there are no GMO syndromes, no one has proven it one way or another • RDNO has no particular expertise or funding , can't prove the negative, it's not our place now to decide, Canadian Food Inspection Agency (CFIA) does not stop labels from stating • GMO free - it would just have to be proven to be GMO free. • Our job should be to educate our residents on what a GMO is. • Worries from looking at the science, industry does product testing , universities and federal government do research. • Labeling is great, should be the GMO products that should be labeled. • Potential impact on organic farms is an issue. • Production has increased in the past 20 years from the use of new seeds, trees, etc. (ex. used to be 20 bins per acre, now 100 bins per acre). • Ultimately it's up to the consumer whether they buy GMO or GMO-free products. • GMOs may be very beneficial or harmful, it is not one sided or the other. The Committee has not yet come to agreement on the recommendation to the Board of Directors on this issue, but the discussion is continuing . This is a very complicated subject that does not have scientific consensus on potential impacts. Bee SAFE currently has 320 subscribers to its newsletter and approximately 130 active members. Approximately 150 community members have written to the Regional District in support of a ban on GMO crops. Community meetings were held by BeeSAFE on the elimination of GE crops in Electoral Area "E" on February 12, 2013. They have indicated that 266 residents voted for the resolution . At a similar event on April 15, 2013, 293 Electoral Area "D" residents were reported by BeeSAFE to have voted for the resolution. The BeeSAFE resolution that was presented at these community meetings is attached to this report. The majority of community members that wrote in are concerned citizens, although several emails were received from community organizations (i.e. Shuswap Seed Savers, Society for the Protection of Kalamalka Lake, Food Action Society of North Okanagan, Certified Organic Associations of BC, Okanagan Greens Society), small scale farmers and small business owners. Page 25 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 Bylaw No. 2603 (Genetically Modified Organisms) Report to Electoral Area Advisory Committee- June 27, 2013 Page4 The GMO concerns that these community members have brought forward include: • Food system contamination • Economic advantage to the North Okanagan as an organic and GMO free market • Corporate control over the food system • Human health concerns • Unknown environmental, ecological and human health effects • Small scale and organic farming concerns (cross-pollination between GMO and organic crops) • Ethical concerns related to the use of biotechnology In response to the request by BeeSAFE to include genetically engineered organism statements within the Electoral Area "D" and "E" Official Community Plan, the Board of Directors directed staff on June 26, 2013 to develop OCP policy for consideration . OTHER REGIONAL DISTRICTS: Several regional districts and the Island Trust have included community objectives within Official Community Plans that address GMOs. A series of examples from Regional District Officials Community Plans have been provided for reference. Strathcona Regional District Electoral Area "B" (Cortes Island) Official Community Plan 403. 2. h The agricultural use of Genetically Modified Organisms (G MOs) is strongly discouraged. Alberni-Ciayoquot Regional District EA "B" Seaford Official Community Plan Policy 4.2.9 Encourage the production of non-genetically-modified organisms, the use of best practices and the avoidance of chemical pesticides. Alberni-Ciayoquot Regional District EA "E" Beaver Creek Official Community Plan Policy 4.2. 7 Encourage the production of non-genetically-engineered organisms, the use of best practices and the avoidance of chemical pesticides. In response to Policy 4.2. 7, the Ministry of Agriculture (see attachment) provided the following input on July 12, 2012: "In Canada GMO is defined to include all plants and animals that have been altered using any technique including conventional ones. This would include almost all of our domesticated animal species, horticultural and agricultural crops. You may want to consider amending the statement and possibly including the definitions below. GM stands for "genetically modified". An organism, such as a plant, animal or bacterium, is considered genetically modified if its genetic material has been altered through any method, including conventional breeding. A "GMO" is a genetically modified organism. GE stands for "genetically engineered". An organism is considered genetically engineered if it was modified using techniques that permit the direct transfer or removal of genes in that organism. Such techniques are also called recombinant DNA or rONA techniques. " Page 26 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 Bylaw No. 2603 (Genetically Modified Organisms) Report to Electoral Area Advisory Committee- June 27, 2013 Page 5 Alberni-Ciayoguot Regional District EA "F" Cherry Creek Official Community Plan Policy 4. 2. 7 Encourage the production of non-genetically-modified organisms, the use of best practices and the avoidance of chemical pesticides. Sguamish-Lillooet Regional District EA "B" Official Community Plan Policy 11. 17. To promote the long term sustainability of agricultural production, ecosystem integrity, and human health, land use decision making shall apply the precautionary principle: When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically, and in this context, the proponent of an activity, rather than the public, should bear the burden of proof Powell River Regional District EA "C" Official Community Plan Policy 2. 3. 12. 10 The Regional District supports the establishment of local nurseries in the planning area, with the exception of nurseries using genetically engineered seed. Policy 2.3.12. 11 The Regional District supports the implementation and use of sound, environmentally balanced farm practices to provide for improved agricultural and environmental stewardship in Area uc". Sunshine Coast Regional District Roberts Creek Official Community Plan Policy 9.4.8 No Genetically Modified Organisms (GMO) a) While there is limited power to prevent the introduction of GMOs, the Regional District is encouraged to designate Roberts Creek and the Sunshine Coast as a genetically engineered crop free zone. b) The Regional District is encouraged to support the control and eradication of non-native or genetically modified organisms harmful to native species and the environment, and prevent introduction of such harmful organisms. Note: Prevent harm as the best method of environmental protection and, when knowledge is limited, apply a precautionary approach. Item 6 of the Earth Charter states "a. Take action to avoid the possibility of serious or irreversible environmental harm even when scientific knowledge is incomplete or inconclusive. b. Place the burden of proof on those who argue that a proposed activity will not cause significant harm, and make the responsible parties liable for environmental harm. " Island Trust Galiano Island Official Community Plan Policy 215 n) Farm operators shall be encouraged to: i. avoid the use of pesticides, herbicides, fungicides and other noxious ii. chemicals, iii. ensure production methods maintain soil quality and minimize erosion, iv. ensure surface and groundwater recharge areas are not contaminated v. by agricultural activities, vi. collect and store rainwater for irrigation purposes, and vii. avoid the use or introduction of genetically modified organisms. Page 27 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 Bylaw No. 2603 (Genetically Modified Organisms) Report to Electoral Area Advisory Committee- June 27, 2013 Page6 Island Trust Lasqueti Island Official Community Plan Advocacy Policy 6: The residents of the Lasqueti Island Planning Area oppose Genetically Modified Organisms in the Planning Area, including propagation, cultivation, and raising of genetically engineered plants and animals by persons, firms, or corporations. Cowichan Valley Regional District South Cowichan (Electoral Areas "A". "B" and "C") Official Community Plan Policy 11. 17: To promote health and long term environmental sustainability, agricultural practices that involve the use of trans-species genetically modified organisms and promote monopolization, through the patents of multinational biotechnology firms, are discouraged. Policy 11. 18: For future food security purposes, the CVRO encourages senior governments to require the labelling of trans-species and genetically modified organisms intended for human consumption. (Senior Government Jurisdiction) ANALYSIS: The Board of Directors has requested that policies be included within the Electoral Area "D" and "E" Official Community Plan that reflects the communities wishes regarding genetically modified (GM) organisms. Within the Canadian regulatory framework that addresses novel foods 3 , the term "genetic modification (GM)" refers to organisms where the genetic material has been changed through any method, including traditional methods like selective breeding. "Genetic engineering (GE)" is used when a gene has been taken from one organism and put into another. To ensure that the terminology of policy is constant within federal regulation framework, the term "genetically engineered (GE)" has been used within the suggested policy additions. The Electoral Area "D" and "E" Official Community Plan Bylaw No. 2485, 2011 includes the following agricultural policy: "4. 2. 19 Support local agriculture through favourable consideration of proposals that enhance local agriculture through the strengthening of beneficial agricultural practices, support of local food systems, and the expansion of local markets and agri-tourism. The community supports the production of organic agricultural farming practices." Although this policy 4.2.19 identifies community support for organic agricultural farming practices, crops and livestock produced through genetic engineering techniques are not addressed specifically. The inclusion of any general objective that discourages normal farm practice that is regulated by senior levels of government is outside of the jurisdiction of the Regional District is unenforce.able. Several Regional District have included policies into Electoral Area Official Community Plans that discourage the use or propagation of genetically engineered plants and animals within agriculture, aquaculture and/or silviculture, with the acknowledgement that these policies are beyond the authority of a local government to implement or enforce. 3 In Canada, GMOs for food purposes are classified as novel foods, a category of foods including products never used before as food or foods that have been produced in a new way, such as genetic engineering (GE); or foods altered by traditional methods such as selective breeding Page 28 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 Bylaw No. 2603 (Genetically Modified Organisms) Report to Electoral Area Advisory Committee- June 27, 2013 Page 7 Based upon the direction provided by the Board of Directors on June 26, 2013, the letters received from residents, actions that the Board of Directors has undertaken in the past and OCP policies that address this subject in other regional districts, the following amendments to the Electoral Areas "D" and "E" OCP have been prepared for consideration. Bylaw 2603 proposes to amend OCP as follows : Delete current Policy 4.2.19 and replace with the following: 4.2.19: Support local agriculture through favourable consideration of proposals that enhance local agriculture through the strengthening of beneficial agricultural practices, support of local food systems, and the expansion of local markets and agri-tourism. The community supports sustainable, non-genetically engineered (GE), traditional and organic agricultural practices in Electoral Areas "D' and "E". 4.2.20: The residents of Electoral Area "E" (Cherryville) do not support the introduction, use, cultivation or propagation of genetically engineered (GE) organisms and encourage Electoral Area "E" agricultural producers to adopt a GE free policy for locally grown agricultural products. 4.2.21: The RDNO encourages senior governments to require the labeling of genetically engineered (GE) organisms intended for human consumption. The above proposed policy statements address Electoral Area "D" (Greater Lumby) and "E" (Cherryville) community concerns regarding genetically engineered agriculture would be considered broad objective under Section 878(2) 4 of the Local Government Act. These policies are outside of Regional District authority to implement or enforce. CONSULTATION CONSIDERATIONS: Section 879 of the Local Government Act states that during the development or amendment of an Official Community Plan, 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. Specifically, local governments must consider whether consultation is required with the Board of the Regional District in which the area covered by the plan is located, 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 Official Community Plan. Section 882 of the Local Government Act requires that, after First Reading, a local government consider an OCP amendment in conjunction with its Financial Plan and any applicable Solid Waste Management Plan. 4 878 (2): If a local government proposes to include a matter in an official community plan, the regulation of which is not within the jurisdiction of the local government, the plan may only state the broad objective of the local government with respect to that matter unless the minister has, under section 877 (1) (g), required or authorized the local government to state a policy with respect to that matter. Page 29 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.1 Bylaw No. 2603 (Genetically Modified Organisms) Report to Electoral Area Advisory Committee- June 27, 201 3 Page 8 SUMMARY: It is recommended that Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2603 (Genetically Modified Organisms) be given First Reading and be referred in accordance with Sections 879, 881 and 882 of the Local Government Act. Submitted by: Approved For Inclusion: Endorsed by: Rob Smailes, MCIP General Manager, Planning and Building Page 30 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 3046.01.04 TO: Board of Directors FROM: Planning Department DATE: August 22, 2014 SUBJECT: Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2014 RECOMMENDATION: That Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2014 be amended as outlined in the report dated August 22, 2014 from the Planning Department; and further, That Electoral Areas “B” and “C” Official Community Plan Bylaw No 2626, 2014 be Adopted. DISCUSSION: The Electoral Areas “B” and “C” Official Community Plan Bylaw No 2626, 2014 received First Reading on March 19, 2014, Second Reading on July 16, 2014, a Public Hearing was held on August 20, 2014 and the Bylaw was given Third Reading. Pursuant to the Local Government Act, Section 882 (3) (a) & (c) the Bylaw was considered in conjunction with the Financial and Waste Management Plans and was referred out to the Agricultural Land Commission. Bill 17, 2014 the Miscellaneous Statutes Amendment Act included amendments to streamline local and provincial government land use planning and development approvals. One of these amendments included the removal of the requirement for Ministerial approval for Regional District Official Community Plan Bylaws. The Regional District’s ministerial approval exemption regulation M 040 which has been utilized in the past during the OCP adoption processes is therefore no longer required. The following proposed amendments are consistent with Section 894.1 (b) of the Local Government Act in that they do not alter use or density. At the Public Hearing held August 20, 2014 one written submission was received. The comments outlined specific concerns in regards to the Steep Slope Policies. It was felt that with the removal of the Steep Slope Development Permit Area Guidelines, the remaining policies did not provide the same level of certainty on what is required for development on steep slopes. The intent of including steep slope policies was not to prohibit development on gradients greater than 30% rather mitigate some of the negative impacts that can arise from the nature of that type of development including hazardous conditions, visual impacts and degradation of the natural environment. In order to provide clarity on what may be required for development on steep slopes staff recommend the following: 1) Section 11.3 Steep Slopes delete policies 11.3.1 and 11.3.2 and replace with the following: Page 31 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2014 Report to Board of Directors – August 22, 2014 Page 2 11.3.1 Development on slopes greater than 30% carry inherent geotechnical risks, access and safety concerns and therefore it is recommend that if possible development is accommodated elsewhere on the site and steep slopes are encouraged to be left as natural or open spaces. 11.3.2 The Regional District may require a geotechnical site evaluation for development on steep slopes. The assessment should take into consideration site design as it relates to substrates, natural contours, natural gradients and ensure site stability for the subject and neighbouring properties. The recommendations of this evaluation may be required to be incorporated into a Section 219 Restrictive Covenant. Upon Final review of the plan, staff determined that Section 16.2.6.e of the Riparian Development Permit Area does not provide flexibility in the requirement for a stormwater and surface drainage system. Staff recommend guideline 16.2.6.e be replaced with the following: 2) 16.2.6.e where an on-site sewage disposal system is proposed within the Development Permit Area, the Regional District will require that the sewage disposal works be designed by a wastewater practitioner with consideration of the protection, by Covenant, of a separate back-up sewage drainfield area. Based upon the scale of development, proposed site alteration, topography, site coverage and extent of non permeable paving, the Regional District, may require a stormwater and surface drainage system be designed by an engineer; and Notwithstanding these engineering requirements, the Regional District may also request an independent appraisal of the subsurface soil conditions to review the suitability of the site to absorb effluent; Staff note that Bylaw No. 2626, 2014 was always intended to repeal and replace both the Rural Vernon Official Community Plan Bylaw No. 1708, 2003 and the Electoral Area “B” Westside Official Community Plan Designation Bylaw No. 724, 1986. Schedule A of Bylaw No. 2626, 2014 did not reference this full repeal and note that reference to Bylaw No. 724, 1986 has now been added to the Bylaw. During the final review of Bylaw No. 2626, 2014 staff have made a few minor grammatical and wording selection edits to ensure clarity within the Bylaw. Staff note these edits have not changed the intent of the original statements. Upon consideration of the recommended amendments, the Board of Directors can now proceed with Final Adoption of the Plan. SUMMARY: At the Public Hearing held on August 20, 2014 one written submission was received. Based on the Public Hearing comments and final staff review of the Bylaw a few minor revisions have been recommended to provide clarity on: the Steep Slopes Policies; Riparian Development Permit Area Guidelines; and inclusion of the repeal of Bylaw No 724, 1986. The proposed amendments are consistent with Section 894.1 (b) of the Local Government Act and do not require another Public Hearing. Staff recommend amending the bylaw and proceeding with Adoption. Page 32 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Page 33 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2626 A bylaw of the Regional District of North Okanagan to adopt an Official Community Plan for Electoral Areas “B” and “C” 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 said Official Community Plan shall be prepared in accordance with Section 877 of the Local Government Act, R.S.B.C.; AND WHEREAS the said Official Community Plan may include policy and context statements in accordance with Section 878 of the Local Government Act, R.S.B.C.; AND WHEREAS the said Official Community Plan may be expressed in maps, plans, reports, or any combination thereof; AND WHEREAS the Regional Board has caused to be carried out a report outlining the general planning objectives and development policies for the Regional District of North Okanagan. NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled, hereby ENACTS AS FOLLOWS: GENERAL 1. This Bylaw may be cited as “Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2014 “. 2. The Official Community Plan Report marked Schedule "A", together with the Official Community Plan Maps marked Schedule "B", “C”, “D”, “E”, “F”, “G”, “H”, “I” attached hereto and forming part of this Bylaw, are hereby designated as the Official Community Plan for Electoral Areas "B" and “C” of the Regional District of North Okanagan. 3. Bylaw No. 1708 being the "Rural Vernon Official Community Plan Bylaw No. 1708, 2003", and all amending bylaws thereto, are hereby repealed. 4. Bylaw No. 724 being the "Electoral Area “B” Westside Official Community Plan Designation Bylaw No. 724, 1986", and all amending bylaws thereto, are hereby repealed. Read a First time this 19th day of March, 2014 Bylaw 2626 considered in conjunction with the Regional District Financial Plan and Waste Management Plan this 19th day of March, 2014 Page 34 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2014 Page 2 Read a Second time as amended this 16th day of July, 2014 Advertised on this 13th day of August, 2014, and this 15th day of August, 2014 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act on this 20th day of August, 2014 Read a THIRD Time this 20th day of August, 2014 Received the approval of the Minister of Community, Sport and Cultural Development pursuant to Section 882 of the Local Government Act this day of , 2014 this day of , 2014 Approval No. N/A Minister of Community, Sport and Cultural Development ADOPTED Chair Corporate Officer Page 35 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 BYLAW 2626, 2014 - SCHEDULE ‘A’ 1 Page 36 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 PREF AC E This document concerns lands within Electoral Areas “B” and “C” of the Regional District of North Okanagan. This Official Community Plan consists of background information on the plan area and outlines some planning issues that are to be considered when making decisions on the future growth and development of the area. This document also contains objectives and policies to guide current and future land use planning in Electoral Areas “B” and “C”. These policies and the attached land use designation map meet the content requirements of Section 877 of the Local Government Act. Schedule ‘A’, Schedule ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’, and ‘I’ attached to and forming part of this bylaw is adopted as the “Regional District of North Okanagan Bylaw No. 2626, 2014”. If any section, subsection, clause or phrase of this bylaw is for any reason declared invalid by a Court of competent jurisdiction, the decision shall not affect the validity of the remaining sections, subsections, clauses or phrases of this bylaw. It is recognized that the Plan Area is within the traditional territory of the Okanagan First Nation and the Splatsin First Nation. This plan is without prejudice to and cannot be used to define and/or limit Aboriginal and Treaty Rights and Aboriginal Title of First Nations in British Columbia. ACKNOWLEDGEMENTS The Development of the North Okanagan Electoral Areas “B” and “C” Official Community Plan has been a collaborative process, with the general public as vital contributors. Their input throughout the planning process has helped shape the plan. The following are especially acknowledged: Electoral Area Directors • Bob Fleming • Mike Macnabb Advisory Planning Commissions- Area “B” and Area “C” 2 Page 37 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 CONTENTS PREFACE ........................................................................................................................... 2 A C R O NY M S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.0 INTRODUCTION ......................................................................................................... 8 1 . 1 F O R W AR D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1 . 2 O C P A M E N DM E N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1 . 3 R E L AT I O N S H I P W I T H N E I G H B O U R I N G J U R I S D I C T IO N S . . . . . . . . . . . . . . . . 9 1 . 4 R E G I O N A L G R O W T H S T R A T E GY ( R G S) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1 . 5 R E G I O N A L C O N TE XT S T A T EM E N T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1.6 ZONING AND LAND USE DESIGNATIONS ......................................11 1.7 THE PLANNING PROCESS / COMMUNITY CONSULTATION ...........11 1.8 COMMUNITY VISION & GOALS ......................................................14 2.0 PLAN CONTEXT ...................................................................................................... 15 2.1 GEOGRAPHY..................................................................................15 2 . 2 P O P U L A T I O N O V E RV I E W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 2.2.1 AGE DISTRIBUTION ....................................................................................................................... 18 2.2.2 SEASONAL RESIDENTS ................................................................................................................ 20 2.3 HOUSING .......................................................................................21 2.4 BUILDING .....................................................................................22 2 . 5 E M P L OY M E N T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 2.6 CURRENT LAND USE DESIGNATIONS............................................23 2 . 7 V A C A N T L A ND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 FORWARD .................................................................................................................... 25 3.0 AGRICULTURAL & RESOURCE USE ................................................................ 25 3 . 1 A G R I C U L T U R AL O B JE C T I V E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 EXCLUSIONS & INCLUSIONS OF LAND IN THE ALR ................................................................... 25 AGRICULTURE POLICIES ........................................................................................................................ 26 ALR BOUNDARIES ..................................................................................................................................... 28 3 . 2 R E S O U R C E U S E OB J E C T I V E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8 RESOURCE USE POLICIES ...................................................................................................................... 29 MINERAL AND GRAVEL RESOURCE POLICIES.............................................................................. 29 3 Page 38 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 4.0 GROWTH MANAGEMENT ................................................................................... 30 4 . 1 G R O W T H M A N A G E ME N T O B J E C T I V E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 0 4.2 GREATER VERNON UTILITY SERVICES .........................................30 4 . 3 U R B A N G R O W T H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 GROWTH MANAGEMENT POLICIES .................................................................................................. 32 4 . 4 C I T Y OF V E R N O N AN N E X A T I O N P R O P OS A L S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 ANNEXATION POLICIES.......................................................................................................................... 34 4 . 5 F R I N G E A R E A P L A NN I N G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 FRINGE AREA PLANNING POLICIES .................................................................................................. 36 5.0 RURAL LANDS ......................................................................................................... 38 5 . 1 R U R A L L A N D S O B J EC T I V E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8 RURAL LANDS POLICIES ........................................................................................................................ 38 6.0 RESIDENTIAL LANDS ........................................................................................... 41 6 . 1 R E S I D E N T I AL L A N DS O B J E C T I V E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1 RESIDENTIAL LANDS POLICIES .......................................................................................................... 41 6.2 COSENS BAY..................................................................................42 CONTEXT ....................................................................................................................................................... 42 COSENS BAY POLICIES ............................................................................................................................ 43 7.0 COMMERCIAL LANDS........................................................................................... 44 7 . 1 C O MM E R C IA L L A N DS O B J E C T I V E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 COMMERCIAL LANDS POLICIES .......................................................................................................... 44 SWAN LAKE COMMERCIAL DISTRICT POLICIES ......................................................................... 45 HOME BASED BUSINESS POLICIES .................................................................................................... 46 8.0 GATEWAY .................................................................................................................. 47 8 . 1 G A T E W A Y O B J EC T I VE S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 GATEWAY POLICIES ................................................................................................................................. 47 9.0 INDUSTRIAL LANDS ............................................................................................. 48 9.1 INDUSTRIAL LANDS OBJECTIVES .................................................48 INDUSTRIAL LANDS POLICIES............................................................................................................. 48 10.0 COMPREHENSIVE DEVELOPMENT LANDS.............................................. 50 10.1 C O M P R E H E N S I V E DE V E L O P M E N T L A N D O B J E C T I V E S . . . . . . . . . . . . . 5 0 4 Page 39 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 COMPREHENSIVE DEVELOPMENT LANDS POLICIES ................................................................ 50 11.0 ENVIRONMENT AND NATURAL AREAS .................................................... 51 11.1 E N V I R O N M E N T A N D N A T U R A L AR E A O BJ E C T I V E S . . . . . . . . . . . . . . . . . . 5 1 E N V I R O N M E N T A L VA L U E S A N D H A B I T AT S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 S E N S I T I V E E C O S Y S TE M I N V E N T O R I E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 B I O D I V E R S I TY C O N S E R V A T I O N S T RA T EG Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 11.2 P R O T E C T E D & N A TU R A L A RE A S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 NATURAL AREA POLICIES ..................................................................................................................... 53 11.3 STEEP SLOPES .........................................................................54 STEEP SLOPE POLICIES .......................................................................................................................... 54 11.4 CLIMATE CHANGE ....................................................................55 GENERAL CLIMATE CHANGE POLICIES........................................................................................... 55 11.5 GREENHOUSE GASES ................................................................56 ENERGY AND GREENHOUSE GAS EMISSIONS POLICIES .......................................................... 56 12.0 COMMUNITY RECREATIONAL USES, PARKS AND HERITAGE SITES ............................................................................................................................................... 58 12.1 C O MM U N I T Y P A RK S & T R A I L S OB J E C T IV E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 PARKS & TRAIL POLICIES ...................................................................................................................... 58 PARKS POLICIES ........................................................................................................................................ 58 TRAILS POLICIES ....................................................................................................................................... 59 12.2 HERITAGE SITE POLICIES .......................................................60 13.0 INSTITUTIONAL USES, UTILITIES AND PUBLIC FACILITIES ........... 61 13.1 I N S T I T U T I O N A L U SE S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 13.2 P U B L I C F AC I L IT I E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 13.3 UTILITIES ................................................................................61 WATER SUPPLY POLICIES ..................................................................................................................... 61 SEWAGE COLLECTION AND DISPOSAL POLICIES ....................................................................... 62 14.0 QUALITY OF LIFE & COMMUNITY SAFETY .............................................. 63 14.1 Q U A L I TY O F L I F E & C O M M U N I T Y S AF E T Y O B J E C T I V E S . . . . . . . . . . 6 3 COMMUNITY ACCESSIBILITY AND INCLUSION POLICIES ....................................................... 64 SENIORS AND SPECIAL NEEDS POLICIES ....................................................................................... 64 COMMUNITY ENGAGEMENT POLICIES............................................................................................ 64 5 Page 40 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 ARTS AND CULTURE POLICIES............................................................................................................ 65 COMMUNITY HEALTH POLICIES ........................................................................................................ 65 COMMUNITY SAFETY, POLICE AND FIRE PROTECTION POLICIES...................................... 66 15.0 TRANSPORTATION POLICIES ........................................................................ 67 15.1 TRANSPORTATION OBJECTIVES ..............................................67 TRANSPORTATION POLICIES............................................................................................................... 67 16.0 DEVELOPMENT PERMIT AREAS .................................................................. 69 16.1 GENERAL ..................................................................................69 16.2 R I P A R I A N D E V E L O PM E N T P E R M I T AR E A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 16.3 ENVIRONMENTALLY SENSITIVE LANDS DEVELOPMENT P E R M I T A R EA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 16.4 W I L D F I RE I N T E R F AC E – P R O T EC T I O N OF D E V E L O PM E N T F RO M H A Z A R D O U S C O N D IT I O N S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 16.5 C O MM E R C IA L , I N D US T R I A L A ND C OM P RE H E N S I V E D E V E L O P M E N T P E RM I T A R E A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 17.0 IMPLEMENTATION AND MONITORING .................................................... 84 ZONING BYLAW, POLICIES AND OTHER REGULATIONS.......................................................... 84 6 Page 41 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 ACRONYMS The following Acronyms are used throughout the report. ALC ALR APC DFO HADD LEED LGA LHA LRMP MOE MoTI OCP QEP RAR RCMP RDNO RDPA SEI SPEA TRIM Agricultural Land Commission Agricultural Land Reserve Advisory Planning Commission Department of Fisheries & Oceans Harmful Alteration, Disruption or Destruction Leadership in Energy & Environmental Design Local Government Act Local Health Area Land & Resource Management Plan (Okanagan Shuswap) Ministry of Environment Ministry of Transportation and Infrastructure Official Community Plan Qualified Environmental Professional Riparian Areas Regulation Royal Canadian Mounted Police Regional District of North Okanagan Riparian Development Permit Area Sensitive Ecosystem Inventory Streamside Protection & Enhancement Area Terrain Resource Inventory Mapping 7 Page 42 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 1.0 INTRODUCTION 1.1 FORWARD The “Electoral Areas “B” and “C” Official Community Plan” is intended to provide direction for the Regional District of North Okanagan, private citizens and Provincial agencies on matters concerning the future development and use of land within Electoral Areas “B” and “C” of the Regional District. It is a document that looks to the future but also contains procedures and policies for day-to-day administration. Generally, the Plan is implemented through the “Zoning Bylaw”, “Subdivision Servicing Bylaw”, “Building Bylaw” and other regulatory bylaws and permits. These bylaws and permits serve as an administrative means for implementing the objectives and policies of the Official Community Plan. The “Local Government Act” of the Province of British Columbia outlines the subject matter for an Official Community Plan as well as bylaw adoption procedures. Provincial agencies and First Nations are also involved in the preparation of the Plan, particularly where their interests can be implemented through local government actions and policies. While similar in some respects to a municipality there are important differences for a Regional District. In the Regional District, roads are planned, owned and maintained by the Ministry of Transportation and Infrastructure (MoTI). The Regional District is not the approving authority for subdivision; that falls within the jurisdiction of MoTI. The variety of services and activities a Regional District can undertake is generally not as flexible as in a municipality; therefore, the policies of this OCP are focused on the activities under the jurisdiction of the Regional District of North Okanagan. This plan builds upon the policies and principles of the OCP adopted by Bylaw 1708, 2003 and Bylaw 724, 1986. The planning process started in 2013 and has expanded the OCP policies to ensure consistency with current legislation and to reflect the current community vision. The Official Community Plan uses population data from the 2011 Census of Canada and provides both short-term and long-term directions for the Regional District’s future. Updates of the plan are recommended every 5-10 years to evaluate whether or not the plan is still accurate in reflecting community trends, needs and desires. 1.2 OCP AMENDMENTS Collectively, these policies are intended to provide a degree of certainty for the future of the community. As a result, it is expected that this OCP will not be revised on a frequent basis. However, changes are warranted from time to time, and it should be expected that some revisions will occur over time. To this end, this OCP is intended to be flexible in responding to 8 Page 43 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 changing conditions and values. This OCP may be amended by the Regional District Board, at its initiative or in response to an application submitted by a landowner. 1.3 RELATIONSHIP WITH NEIGHBOURING JURISDICTIONS The Regional District does consult with neighbouring jurisdictions, agencies and First Nations in the development of this plan. This OCP focuses on lands under the planning jurisdiction of the Regional District and does not cover adjoining lands within the City of Vernon, District of Coldstream, Township of Spallumcheen, Regional District of Central Okanagan or lands under the jurisdiction of First Nations. 1.4 REGIONAL GROWTH STRATEGY (RGS) Electoral Areas “B” and “C”, in partnership with the City of Armstrong, District of Coldstream, City of Enderby, Township of Spallumcheen, City of Vernon and Electoral Areas “D”, “E” and “F”, have agreed to protect rural areas by directing residential and commercial growth to urban areas through a commitment to regional planning. The North Okanagan Regional Growth Strategy (RGS) Bylaw No. 2500, 2011 was endorsed by the Electoral Area Directors on August 18, 2011 and adopted by the Regional District of North Okanagan on September 21, 2011. The RGS provides an integrated strategic policy framework for addressing growth management, compact complete communities, economic development, transportation, other infrastructure, environmental concerns and long term regional sustainability, resilience and prosperity. The purpose of the RGS is to assist in guiding decisions on growth, change and development with the Regional District. 1.5 REGIONAL CONTEXT STATEMENT While the OCP and the RGS are separate documents, their content is inter-related. The OCP is a comprehensive document which provides direction for the management of growth in the rural unincorporated communities of Electoral Area “B” and “C” over a twenty year period. The OCP contains goals and a policy framework which directly support the twenty-one goals of RGS. Much of the implementation of RGS occurs through local planning and actions. In accordance with Section 865 of the Local Government Act, this OCP must be consistent with the RGS. All policies in the Electoral Areas “B” and “C” OCP are consistent with, or complementary to, the goals and policies of the RGS. The RGS identifies nine key policy areas covering a broad range of issues. Within each policy area, the RGS has one or more goals, followed by more specific strategies. The Regional Context Statement illustrates how the OCP will assist in achieving the goals and strategies established in the RGS. Urban Containment and Rural Protection The OCP restricts urban uses and development by designating the RGS Rural Protection Boundary and directs urban residential and commercial growth towards Growth and Future 9 Page 44 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Growth Areas, which supports the RGS goals of protecting rural lands and creating compact, complete communities. The OCP encourages development that contributes to the rural character and identity of the Electoral Areas. The OCP includes policies that attempt to minimize conflict between rural and urban land uses. Agriculture and Food Systems OCP policies support the Agricultural Land Reserve and discourage incompatible land uses and urban encroachment. The OCP encourages agricultural production, processing, sale, and distribution of locally grown products and recognizes the importance of agriculture to the rural identity and economy. Water Stewardship The OCP supports the protection, conservation and stewardship of water resources through policies that reflect the challenges of development with respect to the diverse ground and surface water challenges present within the plan area. Environment and Natural Lands The RGS includes three goals and twenty-three policies that address a number of environmental and natural land issues, including watershed management, environmentally sensitive areas, parks and open spaces and pollution reduction. The OCP includes a comprehensive approach to environmental policies that are implemented through Riparian Area and Environmentally Sensitive Lands Development Permit Areas. Economic Development The OCP supports the retention and appropriate servicing of industrial and commercial lands within the Swan Lake Corridor while ensuring that development respects the rural character and environmental challenges of this area. The OCP provides policy direction that supports economic development opportunities that are compatible with the rural character of the area, including home occupation, agriculture and resource use. Transportation and Infrastructure The OCP identifies existing and potential modes of transportation within Electoral Area “B” and “C” and provides policy direction for alternate active transportation routes between communities. In addition to existing road networks, the OCP identifies the importance of the CN rail line within both the Commonage and Swan Lake areas. The OCP also identifies trail corridors that can provide for range of mobility options. 10 Page 45 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Housing The OCP supports the provision of diverse housing options through policies which provide for the creation of a range of parcel sizes and housing types. In addition, the plan supports the development of secondary suites as an affordable housing option. Energy and Emissions The OCP includes greenhouse gas emission reduction targets and supporting policies that reflect the rural character of the area. Governance and Service Delivery The OCP encourages better communication and respectful collaboration between adjacent jurisdictions on matters that have cross-border implications, including municipal boundary extensions and fringe area management. The OCP fully supports the inter-jurisdictional cooperation of electoral areas and member municipalities in advancing the shared goals of the RGS. The policies and goals of the OCP are consistent with the collective efforts of these partners in creating a sustainable, prosperous and resilient region. 1.6 ZONING AND LAND USE DESIGNATIONS An OCP is a plan that describes the community’s aspirations for the future. Therefore, it does not, and should not, always reflect the present uses of land. In this regard, it is important to note the distinction between OCP land use designations and zoning. OCP land use designations denote the future intended land use for an area. Zoning is the land use that is currently permitted. The OCP is a policy that guides decisions. In some cases, the OCP land use designation may reflect the current zoning. In other cases, the OCP land use designation will be different from the zoning because the OCP is reflecting how land use may change in the future. This does not mean that the land use must change now or any time in the future. But it does mean that any future changes in zoning must be consistent with the OCP designation. 1.7 THE PLANNING PROCESS / COMMUNITY CONSULTATION Pursuant to Section 879 of the Local Government Act, the Official Community Plan process is a consultative exercise with opportunities for public input at several stages. The consultation process included meetings with the Advisory Planning Commissions (Steering Committee) as well as public information meetings at key points in the planning process. The Regional District has also maintained a web site that contains information on the OCP review process and draft documents. In January 2013 notification was made to Provincial agencies, First Nations and adjacent local governments requesting input and feedback on land use issues within the plan area. In early 2013 the Regional District established a Steering Committee to co-ordinate the preparation of this Official Community Plan. Stages in the planning process are outlined as follows. 11 Page 46 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Official Community Plan Process Background Research and Review Consultation Identified Issues and Opportunities Consultation Draft Vision and OCP Consultation and Agency Referral Plan Revisions Board Consideration and Approvals Implementation 12 Page 47 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 The RDNO hosted or participated in a total of five public meetings and information events in the first and second phase of this planning process. On April 2, 2013 staff presented at the BX Community Association’s Annual General Meeting on the OCP review and identified opportunities for the group and area residents to provide their feedback on the future vision and desired conditions for Electoral Areas “B” and “C”. Approximately 30 guests were in attendance; they all had an opportunity to ask questions and identify any existing concerns or areas of interest they would like addressed during the planning process. The first Open House hosted by the RDNO was held on April 10, 2013 at the BX Elementary School. This meeting was intended to introduce members of the public to the RDNO project team as well as obtain feedback from residents on their vision and desired future conditions for Electoral Areas “B” and “C”. Information Booths were set up at both the Swan Lake Nursery & Butcher Boys Grocery Store on April 13, 2013. Surveys were distributed and staff was able to discuss current concerns and issues with area residents as well as their desired future conditions for their neighbourhood. A total of 3,500 surveys were printed. 2900 of the surveys were delivered by Canada Post to Electoral Area B & C residents; the remainders were available for pick up at the RDNO office and or were distributed to local convenience stores and recreation facilities in the area. In total approximately 3% of the surveys were completed and returned. This initial survey focused on four topic areas: Your Vision, Quality of Life, Issues & Concerns and Resident Demographics. On May 29, 2013 the RDNO hosted a Focus Group Discussion with Electoral Areas “B” and “C” APC / Steering Committee members as well as invited members of the public. The goal of this meeting was to introduce and begin a dialog on the topics to be covered in the second survey of the planning process. These topics were determined by respondents of Survey #1 and are listed in order of priority: 1. Agricultural Preservation 2. Community Safety 3. Preservation of the Natural Environment 4. Distinct Identity 5. Transportation The second on-line Survey was administered to obtain additional feedback on the five priority topic areas identified above and discussed in the focus group meeting. Survey #2 was advertized in the Morning Star papers, was announced and posted on the Regional District’s website and was also e-mailed out to the entire contact distribution list. The survey was open for the month of June 2013 and a new workbook format was used to try and encourage small group discussion to gather more in depth information and give people a chance to discuss the future of their community together. The primary message received during this public process was to preserve agricultural land and maintain the area with a rural focus while providing new recreational opportunities. This first round of public consultation formed the basis for additional research and the preparation of background reports and the first draft of the Official Community Plan. Information was posted on the Regional District web page to acquaint people with the on-going planning process and copies of preliminary documents were posted on the web page for comment. 13 Page 48 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 1.8 COMMUNITY VISION & GOALS Electoral Area “B” and “C” residents’ have indicated they would like to see the rural feel and setting of the area retained and agricultural lands preserved and protected. One resident wrote “the rural areas around Vernon should continue to be rural, quite, calm, open & clean with agricultural areas and natural lands protected”. Another resident of the BX area wrote “we enjoy the BX for its natural beauty, relatively unspoiled environment and close proximity to amenities and services; we envisage our community to maintain these values for the foreseeable future”. The community goals outlined below have been up-dated as part of this planning process to set direction for the future of the area in a manner that reflects the desires and aspirations of a broad cross-section of interests in Electoral Areas “B” & “C”. The majority of Electoral Area “B” & ‘C’ residents have chosen to live in this area because of its rural characteristics. The following goals have been developed to ensure the Official Community Plan promotes and preserves the rural life-style with an aim to: 1. Maintain and enhance the agricultural and rural character of the Plan area and ensure that future development types and densities are compatible with existing conditions. 2. Support the development of agricultural, commercial, home-based business and industrial opportunities for the benefit of the economy of the region. 3. Ensure that future development is compatible with the physical nature, resources and limitations of the land base, and that growth is planned in a manner that ensures a high level of protection for the environment, unique rural characteristics and heritage values. 4. Support and encourage agriculture in the community through preservation of the land base and restrictions on uses which are not compatible with current or future agricultural activities. 5. Provide services in a manner that reflects the rural character of the community. 6. Provide a system of protected areas with the primary purpose of preserving natural features, including ecosystems, fish and wildlife habitats and movement corridors. 7. Promote economic development that supports the unique character of the Plan area. 8. To develop a land use strategy for the expansion of parks and trails in the Electoral Areas for the benefit of residents in the region. 14 Page 49 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 2.0 PLAN CONTEXT 2.1 GEOGRAPHY The combined area of Electoral Areas “B” and “C” is approximately 11,348 ha of private lands. Electoral Area “B” encompasses 7,009 ha of private land (including the Westside of Okanagan Lake) and Electoral Area “C” has 4,339 ha of private land (including Silver Star Mountain). Although Silver Star Mountain falls within the boundaries of Electoral Area “C” there is a separate Official Community Plan which guides the future growth and development of the resort area. The plan area encompasses a large land base that includes private lands both within and outside of the Agricultural Land Reserve (ALR) and Crown lands which accommodate natural resource harvesting, recreation, tourism and resort development uses. There are five distinct communities within the plan area which include: 1) Westside: located to the west of Okanagan Lake. Private lands on the Westside are located in three areas, the Irish Creek, Six Mile, and Beaupark Ranch districts. The Westside also includes a significant amount of Crown land situated within a Provincial Forest and Tree Farm License. This area is sparsely settled with most development being located along Irish Creek and Six Mile Creek Roads. Road access and access for other services such as electric power and telephone must cross Okanagan Indian Band Lands. Residents of the Westside enjoy a rural way of life and the areas natural surroundings. 2) Swan Lake: the Swan Lake corridor north of Vernon contains a mix of commercial and rural properties. Lands directly east of Highway 97 are largely commercial developments with residential and agricultural uses abutting these properties along Pleasant Valley Rd. Lands to the west of Highway 97 directly adjacent to Swan Lake are rural in their land use designations and the community has expressed a desire to retain these larger parcels with the hopes of maintaining and or improving the riparian and natural lands surrounding the lake. At the north end of Swan Lake lies a pocket of industrial lands which accommodates a variety of local manufacturing businesses. The Swan Lake Corridor has some unique challenges as it relates to balancing commercial and industrial activity with environmental values. 3) BX: the BX contains a mixture of historic small lot residential neighbourhoods however the landscape is largely dominated by large rural and agricultural lots that contribute significantly to the rural character and fabric of Electoral Area “C”. There 15 Page 50 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 are a number of home based businesses within the area that promote local agricultural / farming activities and in general the community is well organized and linked in with the BX/Swan Lake Community Association and Block Watch groups. 4) Cosens Bay: located on the eastern shores and hillside of Kalamalka lake, Cosens Bay is a seasonal residential development. The lack of servicing has resulted in only modest redevelopment of properties along the lake in comparison to other lakefront properties in the Okanagan. Access to the Cosens Bay settlement is gained via Cosens Bay Road which is located off Coldstream Creek Rd in the Municipality of Coldstream. Cosens Bay Road bisects Kalamalka Lake Provincial Park before reaching the historic cabin colony. Further information on the Cosens Bay area can be found in Section 6.3 of this Official Community Plan. 5) Commonage: at the south entrance to the City of Vernon are the lands known as the Commonage. These lands are rural in nature with a dispersed settlement pattern. The area was historically utilized for range and agricultural practices with a number of properties carrying out these activities today. The hillside slopes of the commonage are home to the Grassland ecosystem of the Okanagan. Grasslands are of the highest priority for conservation throughout the Okanagan Valley due to their rarity and richness of species diversity. The community indicated that these lands should remain in as large of parcels as possible to reduce habitat fragmentation and preserve their environmental and rural characteristics. In general the Electoral Areas “B” and “C” land base contains unique climate and soil conditions that support numerous agricultural operations. A significant portion of the land within the plan area is designated as part of the Agricultural Land Reserve ensuring its long-term use for food and crop production or the raising of animals. This land is currently producing a variety of fruit trees, vegetables and forage crops. The total hectares of private lands that are located within the Agricultural Land Reserve in Electoral Area “B” is approximately 4780 ha and in Area “C” it is approximately 1190 ha of the land base. The uniquely adapted agriculture area of the North Okanagan is part of the Dry Interior Forest Region. The mean annual precipitation in the area is 250mm; 40% of which falls during the growing season. The mean annual snowfall is 109 cm. Temperatures for the North Okanagan average 24°C in the summer months and –2°C in the winter. There is an estimated 152 frostfree days. The vegetation assemblages in the lower elevations of the plan area are primarily made up of Ponderosa Pine and Bunchgrass biogeoclimatic zones. These zones are characterized by highly organic soils supporting widely dispersed ponderosa pine stands and big basin sagebrush, prickly-pear cactus, orange arnica and bluebunch wheatgrass plants - this vegetation is generally considered as a trademark of the Okanagan Valley. The higher elevations of the valley are recognized by Douglas-fir and lodgepole pine forests in the Interior Douglas-fir zone, where the understory is comprised of shrubs such as kinnikinnick and yarrow on the drier sites and falsebox and twinflower on the moister sites. 16 Page 51 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 2.2 POPULATION OVERVIEW The combined population for Electoral Areas “B” and “C” based on 2011 census figures was 6,918 (this figure excludes Indian Reserve populations but includes residents of Silver Star Mountain which is outside the plan area). The population has seen some fluctuation over the past 15 years, with steady growth between 1996 and 2006 but there was a decrease in population in both Electoral Areas in 2011 as indicated in Table 1. Changes in demographics may be playing into the recent decrease in population. Electoral Areas “B” and “C” are experiencing an aging population with increases in the median age; this increase is consistent with the upward trend occurring at a regional and provincial level, with North Okanagan communities generally having a higher median age than the province. Table 1. Electoral Areas “B” & “C” Population Growth1 Electoral Area “B” Electoral Area “C” RDNO TOTAL 1996 2001 2006 2011 Growth Rate (1996 – 2006) Growth Rate (19962011) Growth Rate (20062011) 2021 2026 2031 3,113 3,034 3,211 3,046 3% -2.1% -5.1% 3316 3344 3372 3,587 3,627 3,912 3,872 9% 7.9% -1.0% 4406 4530 4662 71,607 73,194 77,301 81,237 7.9% 13.4% 5.1% 92734 96688 99609 Table 2 shows the median age of the population in British Columbia, the Regional District as a whole, City of Vernon and Electoral Areas “B” & “C” from 2001 to 2011. The median age has increased from 41.5 to 47.2 in 10 years. However, the median age of British Columbia has increased by only 3.5 years since 2001 and an average British Columbian has a median age of 41.9 in 2011. The typical North Okanagan resident is over 5 years older than a typical British Columbian and 7.2 years older than the average Canadian. The rapid aging of the North Okanagan is likely due to a combination of in-migration of residents in the older age groups and an outflow of the younger (under 45) population. Table 2: Regional District of North Okanagan Median Age (2001-2011) 2001 2006 2011 Province of British Columbia 38.4 40.8 41.9 Regional District of North Okanagan 41.5 44.8 47.2 City of Vernon 41.6 44.5 46.5 Electoral Area “B” 40.6 43.9 47.0 Electoral Area “C” 41.1 43.4 45.5 Despite the recent decline in population between 2006 and 2011, population projections undertaken in 2009 to inform the development of the North Okanagan Regional Growth Population projections are based upon the 2011 Census information. As of June 19, 2014 these projections may be refined by Stats Canada when 2011 population counts are refined. 1 17 Page 52 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Strategy indicate that there will be moderate growth in Electoral Areas “B” & “C” over the next 20 years as shown in Table 3. The two components of population growth are natural increase (births and deaths) and net migration. Natural increase tends to be relatively stable while net migration tends to fluctuate and is more susceptible to outside factors such as the economic climate. Like many communities in Canada, the North Okanagan is seeing a slow downward trend in natural increase and population net migration is a major driver of population growth. The projected population growth in Table 3 assumes that the North Okanagan Region will continue to experience positive net migration. Table 3. Population Projections 2006-2031 YEAR Jurisdiction Electoral Area B Electoral Area C RDNO % Growth/ annum 2006 2011 2016 2021 2026 2031 3211 3046 3300 3336 3377 3416 0.25% 3912 3872 4291 4445 4618 4783 0.77% 77,301 81,237 90191 95199 99975 104233 1.20% 2.2.1 AGE DISTRIBUTION The age distribution within Electoral Areas “B” & “C” is displayed in Figures 1 and 2 and Tables 4 & 5. Compared to the provincial averages, Areas “B” & “C” are home to a higher proportion of residents aged 50 to 70 years of age, and a smaller proportion aged 20 to 40. Figure 1. Electoral Area “B” 2011 Population by Age & Sex 18 Page 53 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Table 4. Electoral Area “B” Demographic Summary 0-4 5-9 10-14 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75-79 80-84 85+ Total 2001 2006 2011 145 195 220 200 160 145 175 250 265 275 240 230 165 150 130 70 30 10 3055 140 190 205 250 140 110 155 200 260 305 285 285 225 170 130 95 40 15 3200 130 150 180 195 135 145 150 140 185 280 290 275 270 190 145 90 75 30 3055 % change 2001-2006 -3.4% -2.6% -6.8% 25.0% -12.5% -24.1% -11.4% -20.0% -1.9% 10.9% 18.8% 23.9% 36.4% 13.3% 0.0% 35.7% 33.3% 50.0% 4.7% % change 2006-2011 -7.1% -21.1% -12.2% -22.0% -3.6% 31.8% -3.2% -30.0% -28.8% -8.2% 1.8% -3.5% 20.0% 11.8% 11.5% -5.3% 87.5% 100.0% -4.5% % change 2001-2011 -10.3% -23.1% -18.2% -2.5% -15.6% 0.0% -14.3% -44.0% -30.2% 1.8% 20.8% 19.6% 63.6% 26.7% 11.5% 28.6% 150.0% 200.0% 0.0% Figure 2. Electoral Area “C” 2011 Population by Age & Sex 19 Page 54 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Table 5. Electoral Area “C” Demographic Summary 0-4 5-9 10-14 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75-79 80-84 85+ Total 2001 2006 2011 % change 2001-2006 % change 2006-2011 % change 2001-2011 150 230 290 290 190 155 165 295 330 350 340 260 180 145 95 95 45 30 3635 180 240 285 290 205 145 195 235 325 380 350 380 240 195 125 75 65 40 3950 155 205 250 275 195 150 170 225 270 360 370 340 355 230 140 95 45 40 3870 20.0% 4.3% -1.7% 0.0% 7.9% -6.5% 18.2% -20.3% -1.5% 8.6% 2.9% 46.2% 33.3% 34.5% 31.6% -21.1% 44.4% 33.3% 8.7% -13.9% -14.6% -12.3% -5.2% -4.9% 3.4% -12.8% -4.3% -16.9% -5.3% 5.7% -10.5% 47.9% 17.9% 12.0% 26.7% -30.8% 0.0% -2.0% 3.3% -10.9% -13.8% -5.2% 2.6% -3.2% 3.0% -23.7% -18.2% 2.9% 8.8% 30.8% 97.2% 58.6% 47.4% 0.0% 0.0% 33.3% 6.5% 2.2.2 SEASONAL RESIDENTS Based upon anecdotal evidence, Electoral Area “C” may have a large number of seasonal residents. Based upon the 2011 Census, the proportion of building units that are not “private dwellings occupied by permanent residents” 2 represents approximately 33% of residential buildings. This may be a reflection of resort development in Silver Star Village, although comprehensive information on second residences and resort rental properties is not currently available. The proportion of residences in Electoral Area “B” that may not be occupied year round represents approximately 11% of the residential building stock, although this is based upon anecdotal evidence 3 There are a number of residential seasonal single family dwellings in the Cosens Bay Area. Table 6. Residential Occupancy Electoral Area B Total Dwellings 1,341 Occupied by Permanent Residents 1,184 Electoral Area C 2,168 1,462 Regional District 35,976 32,053 2 “A separate set of living quarters which has a private entrance either directly from outside or from a common hall, lobby, vestibule or stairway leading to the outside, and in which a person or a group of persons live permanently.” (Statistics Canada definition) 3 Statistics Canada 2011 Census information. 20 Page 55 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 2.3 HOUSING Electoral Areas “B” and “C” housing is dominated by single family detached homes, which is common in more rural areas. It is anticipated that over the next 20 years, 17 new homes will be built, on average, every year. The existing Official Community Plan land use designations can accommodate this projected growth. 21 Page 56 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 2.4 BUILDING Figure 3 displays the annual approved single family dwelling building permits for Electoral Areas “B” & “C” from 2002 to 2011. The lower numbers of building permits from 2007 onwards correspondes with the decline of the real estate market. Figure 3. Electoral Area “B” and “C” Residential Building Permits (2002-2011) 2.5 EMPLOYMENT Electoral Areas “B” and “C” workforce is approximately 4,140 people; 50% commute daily to the City of Vernon, 15% work at home, 15% do not have a fixed work address and the remainder (20%) work in other North Okanagan communities or commute to Kelowna. The breakdown of the Area “B” & “C” workforce by sector, as of 2006, is outlined in Figure 4. The most prominent industries for Rural Vernon as reported by Census Canada are Manufacturing, Health Care & Social Assistance and Retail Trades, with a high number of jobs also stemming from the Construction and Accommodation & Food Services. The significance of the Agricultural Industry is an important factor to consider for local land use planning. There are almost 7800 hectares of land within the Agriculture Land Reserve in all of Electoral Areas “B” and “C”. Through the multiplier effect of primary industry on other businesses, this industry’s role becomes quite large. There is also significant input from pension and/or investment income in Electoral Areas “B” and “C”, likely stemming from the attraction of the community for retirees. The Regional District of North Okanagan does not issue business licenses; therefore, the number and types of businesses in the plan area cannot accurately be reported. The most significant business community is the Swan Lake Commercial District which is located between Highway #97 and Pleasant Valley Road north of the City of Vernon. 22 Page 57 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Figure 4. Area B & C Workforce by Sector (2006) 2.6 CURRENT LAND USE DESIGNATIONS The current land use designations for Electoral Areas “B” and “C” as identified in the existing Official Community Plan are outlined in Tables 7 and 8. In both Electoral Areas a significant portion of land is designated agricultural. As outlined in the table, the dominant land use designation in Area “B” is Large Holdings which has a minimum parcel size of 30.5 ha. In Electoral Area “C” the dominant land use designation is Country Residential and the minimum parcel size is 2 ha. Table 7. Electoral Area “B” Land Use Designations Area B Designation Residential Commercial Industrial Country Residential Small Holdings Large Holdings 4 Non Urban Agricultural School Parks Area (ha) 116.5 112 16.6 274.4 20.2 2563.9 244.3 3770 2.7 4.56 Percentage of Total 1% 1% 0.2% 4% 0.2% 36.5% 3% 54% 0.04% 0.06% 4 It is important to note that many of the properties designated Country Residential, Small Holdings, Large Holdings & Non Urban fall within the Agricultural Land Reserve. 23 Page 58 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Table 8. Electoral Area “C” Land Use Designations Area C Designation Residential Commercial Industrial Country Residential Small Holdings Large Holdings 5 Non Urban Agricultural School Parks 2.7 Area (ha) 78.6 15.7 3167 70 1044.6 4.7 20.2 Percentage of Total 2% 0.4% 71.5% 1.5% 24% 0.1% 0.5% VACANT LAND An analysis to estimate the capacity of current vacant land was carried out utilizing the BC Assessment data on actual land use information. Table 9 provides a break down on the number of vacant lots in each Electoral Area based on their OCP land use designations. Commercial and Industrial uses are largely located within Electoral Area “B”. Vacant small lot residential lands (Country Residential 2 ha in size) fall within Area “C”. Vacant Large lot parcels (30.5 ha in size) are located within Electoral Area “B”. Table 9. Vacant Lots in Electoral Areas “B” and “C” Area B Area C Residential 8 8 Commercial Industrial Country Residential Small Holdings Large Holdings Non Urban 35 2 22 1 40 7 1 93 5 - Total 115 107 5 It is important to note that many of the properties designated Country Residential, Small Holdings, Large Holdings & Non Urban fall within the Agricultural Land Reserve. 24 Page 59 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 F O RW ARD The remainder of this document is structured on key topic areas. Each topic section begins with a discussion / introduction on: objectives; information on the plan area and planning issues which are to be considered during the review of development applications. In each topic section the general discussion is followed with a number of specific policies which are intended to guide current and future land use planning of the area. 3.0 AGRICULTURAL & RESOURCE USE 3.1 AGRICULTURAL OBJECTIVES A significant portion of land within Electoral Areas “B” and “C” are within the Agricultural Land Reserve which is governed by the Agricultural Land Commission (ALC). The mission of the ALC is to preserve agricultural land and encourage and enable farm businesses throughout British Columbia. In 2014 it was estimated that approximately 4780 ha of private land in Electoral Area B was within the Agricultural Land Reserve and about 1190 ha of private land in Electoral Area “C”; combined this total is approximately 5970 hectares of land within the Agricultural Land Reserve. Notwithstanding any other provisions of this Bylaw, all lands within the Agricultural Land Reserve are subject to the provisions of the Agricultural Land Commission Act and the regulations and orders of the Agricultural Land Commission. The Act and regulations generally prohibit or restrict non-farm uses and subdivision of ALR lands, unless otherwise permitted or exempted. EXCLUSIONS & INCLUSIONS OF LAND IN THE ALR In 2008 the Regional District of North Okanagan initiated a review of the exterior boundaries of the Agricultural Land Reserve (ALR) with the intent to adjust the boundaries of the Reserve to better reflect site-specific land capability for agricultural purposes. Lands under review within Electoral Areas “B” and “C” included Swan Lake, Vernon Hill, Keddleston and Upper BX Creek Valley. In total, approximately 410 ha of land were excluded from the ALR. Generally, any transitional lands between lands proposed for exclusion and good agricultural lands should remain in the ALR even though they may have some constraints for agricultural production. These transitional lands provide an important buffer and may in the long-term, contribute to the local agricultural industry. Through a review of land uses in the Plan area it was shown that there are some farming activities occurring on lands outside the ALR that are of good quality. The Regional District recognizes that some of these lands should be included in the ALR to support current farming 25 Page 60 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 activities and the inherent agricultural capability of the land. The Regional District would support applications to include good quality agricultural lands within the ALR if such direction is consistent with this Plan and the Regional Growth Strategy. AGRICULTURE POLICIES 3.1.1 Lands designated as Agricultural on map Schedules ‘B’ are intended to be used for agricultural purposes and associated uses as allowed by the Provincial Agricultural Land Commission (the Commission) and the Regional District. 3.1.2 All uses and subdivision of land within the Agricultural Land Reserve (ALR) shall be in accordance with the “Agricultural Land Commission Act” regulations thereto or Orders and Policies of the Commission (throughout this Plan these documents are combined in references to the “Agricultural Land Commission Act”). 3.1.3 Notwithstanding the minimum lot size standards and land use policies cited in this Plan or the “Zoning Bylaw” or any other policy or bylaw that has been adopted to guide decision-making, the Regional Board may, after due consideration, not authorize a nonfarm use, subdivision, and exclusion application to the Commission if the proposed subdivision or use would have a negative impact on agricultural land or the farming community. 3.1.4 The minimum parcel size for Agricultural lands shall be 30.5 ha unless otherwise approved by the Agricultural Land Commission. Large parcel sizes and setbacks are encouraged and supported through the Zoning Bylaw regulations to minimize the potential for land use conflicts and to support long term agricultural use consistent with the Agricultural Land Commission Act objectives. 3.1.5 Support the Agricultural Land Commission in its efforts to protect and enhance farmland. Where land is in the ALR, minimum parcel sizes shall apply only when the land is: a. excluded from the ALR; or b. approved for subdivision within the ALR pursuant to the Agricultural Land Commission Act, regulations thereto, or orders of the Commission; or c. exempted by the Agricultural Land Commission Act, regulations thereto, or orders of the Commission. 3.1.6 Support the retention of large land holdings and the consolidation of small parcels of land to help maintain and establish economically viable farms. Subdivisions within the ALR which involve boundary adjustments that allow for the more efficient use of agricultural land will also be supported; 3.1.7 Where a property is being developed adjacent to a property that is designated as Agricultural, an appropriate buffer strip will be established on the non-Agricultural property consistent with the “Landscaped Buffer Specifications” established by the Commission. 26 Page 61 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 3.1.8 Agricultural Industrial land uses that support local farm production should be encouraged. This type of agricultural use shall process or manufacture agricultural products, shall not be intrusive nor offensive to the surrounding area, shall be located sensitively to avoid high capability soils and shall not contaminate ground or surface water. 3.1.9 Agricultural Industrial uses may be permitted on lands designated as Agricultural providing these uses are in compliance with the Agricultural Land Commission Act and the Regional District Zoning Bylaw, decisions of the Agricultural Land Commission and standards of the Ministry of Agriculture. 3.1.10 The Regional District will consider any approach from the Commission to pursue collaborative governance arrangements or delegated responsibilities for lands within the ALR in conjunction with a co-operative program for the enforcement of the “Agricultural Land Commission Act” and an appropriate means whereby the Regional District can recover costs for this service. 3.1.11 Lands within the ALR in the Commonage area south of the City of Vernon should be maintained in as large a size as possible to allow for efficient use of irrigation programs for treated spray effluent. 3.1.12 Encourage all farming operations to comply with provincial regulations particularly as set out in the Environmental Management Act. Farming operations should include best management practices, beneficial biosecurity practices, good agricultural practices and compliance with all regulations and guidelines as administered by the province. 3.1.13 Recognize the importance of local food production, processing, distribution and sale of locally grown products. Efforts to improve the local agricultural economy may include: a. Supporting local farmers markets; b. Initiatives to increase agricultural awareness; c. Development of community gardens; d. Liaison with the Ministry of Agriculture regarding opportunities for hosting local workshops on ways to enhance opportunities for growing and marketing economically viable, local agricultural products. 3.1.14 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. 3.1.15 Wherever possible, future major roads, utility or communication corridors should be directed away from and around land within the ALR. 3.1.16 Support local agriculture through favorable consideration of proposals that enhance local agriculture though the strengthening of beneficial agricultural practices, support of local food systems, and the expansion of local markets and agri-tourism. The community supports the production of organic agricultural farming practices. 27 Page 62 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 3.1.17 The Regional District will participate in the development of an ‘Agricultural Area Plan’ for the North Okanagan. The Agricultural Area Plan is expected to strengthen the Regional District’s approach to comprehensive, sustainable community planning by providing additional support for agricultural policies within the Official Community Plan. 3.1.18 The Regional District does not generally support exclusion of agricultural lands from the Agricultural Land Reserve and subdivision of ALR lands unless there is no net loss of Agricultural Land Reserve lands, and a net benefit to agriculture can be clearly demonstrated. 3.1.19 The Regional District will require all Agricultural Land Commission 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. 3.1.20 The Regional District encourages new buildings to be clustered in close proximity to existing buildings and driveways so as to reduce the amount of farmland being taken away from farm use. ALR BOUNDARIES 3.1.21 The Agricultural Land Reserve Boundaries in Electoral Areas “B” & “C” underwent a comprehensive review in 2008-2009 as portions of the originally designated lands were proven to have limited agricultural suitability due to unsuitable parcel size, rough topography, unfavourable aspect or other limitations. Having successfully completed this review, the RDNO is unlikely to advance additional requests for exclusions. If an exclusion application is advanced, the application will need to be supported by a soil analysis conducted by a professional Agrologist or a soil scientist, concluding that the land is physically incapable of supporting agriculture as evaluated. Additionally it must be demonstrated that there are no negative impacts on agriculture. This information is to be provided at the expense of the landowner. 3.1.22 The Regional District recognizes that some land should be included in the ALR to support current farming activities and the inherent agricultural capability of the land and the Regional District will initiate discussions with the Commission on the subject of possible inclusions into the ALR. 3.2 RESOURCE USE OBJECTIVES The natural resource sector has traditionally been a large contributor to jobs and economic development in the plan area. Mining and Forestry, particularly logging and forest production use to play a significant role in employment and income. These industries are no longer as prevalent as they once were, however, some of these activities continue on today. The Regional District does not have direct management responsibility of forest, mineral or aggregate resources but can have a role in working with the province to support initiatives that help to maintain jobs while protecting resources for future generations. 28 Page 63 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 RESOURCE USE POLICIES 3.2.1 Lands designated for Resource Use on Schedule ‘B’ are the large areas of crown land and undeveloped areas bordering the settled community area. 3.2.2 Subdivision of these areas is discouraged to minimize rural sprawl and to avoid land use conflicts between aggregate or forestry and residential uses. 3.2.3 The Regional District will work with the relevant provincial agencies to ensure that local community interests are considered as part of the future decision making process relating to these lands. Interests can include such topics as recreation and watershed concerns. 3.2.4 The minimum parcel size for Resource lands including lands for Forestry uses shall be 30.5 ha. Large parcel sizes and setbacks are encouraged to support large scale resource activities (e.g. rangeland, woodlots) and to minimize land use conflicts. Minimum parcel sizes are regulated through the Zoning Bylaw. 3.2.5 The Regional District recognizes that the OCP area falls within the Okanagan Shuswap Land & Resource Management Plan (LRMP) and that future crown resource land use decisions will follow the recommendations of the LRMP. MINERAL AND GRAVEL RESOURCE POLICIES 3.2.6 The deposition and removal of soil, sand, gravel and rock and the deposition of other materials shall be permitted on all designations, except for areas with restrictions identified within zoning bylaws or soil deposition and removal bylaws. 3.2.7 The processing of minerals, sand, gravel, coal or quarry materials shall be subject to the policies of this Plan, and shall require application for industrial zoning or a Temporary Industrial Use Permit. 3.2.8 The Regional District shall consider the adoption of a soil removal and deposition bylaw to ensure sustainable aggregate supply to meet demands while minimizing land use conflicts. 3.2.9 The Regional District shall work cooperatively with senior government agencies to study aggregate and mineral potential in the planning area. 3.2.10 Prior to issuing a permit for a mining operation, the Province is encouraged to refer the application to the Regional District and the public and provide adequate consideration to: a. possible impacts on neighbouring residential and rural parcels including hours of operation, dust control, screening, access, traffic circulation, road residual and site reclamation and the natural environment; and, b. the potential impacts of resource removal on the quantity and quality of surface and groundwater. 29 Page 64 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 4.0 GROWTH MANAGEMENT 4.1 GROWTH MANAGEMENT OBJECTIVES The Regional District distinguishes between ‘residential’ and ‘rural’ standards where the former are small lot subdivisions typical of urban communities. The policies of the Official Community Plan are in place to significantly reduce residential developments because of the inherent problems of urban sprawl. Instead, the plan recognizes that Electoral Areas “B” and “C” around Vernon are essentially rural and agricultural areas and residential developments should be focused towards the urban neighbourhoods in Vernon and Coldstream. Residents value the rural and agrarian character and identity of Swan Lake, the Commonage, Cosens Bay, the BX and Westside. Adjacent municipalities and the Regional District should work towards preserving that rural character by ensuring that urban development respects and complements both the rural density and overall character of Electoral Areas “B” and “C”. 4.2 GREATER VERNON UTILITY SERVICES The three jurisdictions in Greater Vernon have joined together to provide one water utility district under the guidance of the Greater Vernon Advisory Committee. A long-term improvement strategy to address matters of water quality and quantity has been implemented by the committee. This utility district does not service the properties along the upper portion of Silver Star Road or properties in the Commonage, Cosens Bay, Westside and properties at higher elevations. These landowners rely mostly on individual wells or water from an adjacent watercourse. The Regional District recognizes that some properties in Electoral Areas “B” and “C” have inadequate water supplies from their wells. If neighbours get together and decide to investigate the possibility of a new community water service, then it is important that the Regional District assist with this investigation. Currently, community sewer services are only provided by the City of Vernon to Coldstream through an agreed upon contract. There are two primary issues for property owners in Electoral Areas “B” and “C” when requesting sewer services from the City of Vernon. It is the policy of the City of Vernon that where a property owner requests sewer services from the City, that the property owner must request to be annexed into the City of Vernon. The Regional District does not support this policy and instead, the Regional District maintains annexations should be undertaken through either an agreed upon Boundary Extension Protocol Agreement or the 2010 Municipal Boundary Extension Guide (Ministry of Community, Sport and Cultural Development). It is the position of the Regional District that sewer services and annexation are two separate matters. 30 Page 65 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Currently, the City of Vernon has a moratorium on new sewer service connections outside of City Boundaries. The Regional District does not support annexation as a mechanism to provide sewer service and is committed to explore creative servicing partnerships with adjacent municipalities, First Nations and senior levels of government. The Official Community Plan provides a policy structure whereby the Regional District may consider the establishment of a Local Service Area for the provision of a new sewer service. It should be noted that the Official Community Plan also has a policy to significantly restrict new Residential developments outside municipal boundaries and this new policy for a Local Service Area for a community sewer service would generally only affect land that is currently zoned for Residential developments. 4.3 URBAN GROWTH Growth management enables a community to direct growth in a manner that protects the quality of life for residents; conserves the natural environment, retains rural character; protects the agricultural land base; provides economic opportunities and utilizes infrastructure in an efficient, appropriate and cost-effective manner. The Regional District of North Okanagan adopted Regional Growth Strategy Bylaw No. 2500, 2011 on September 21, 2011 with unanimous acceptance by the City of Armstrong, District of Coldstream, City of Enderby, Village of Lumby, Township of Spallumcheen and City of Vernon, and endorsement by the five Electoral Area Directors. The Regional Growth Strategy has several policies that provide guidance on promoting compact complete communities, including development designed to minimize adverse effects on agricultural lands and the Rural Protection Area, protecting the character of rural areas by discouraging incompatible land uses, and that local and regional governments discourage proposals that are inconsistent with the Regional Growth Strategy. The Regional Growth Strategy includes a Rural Protection Boundary that separates Growth Areas and Future Growth Areas, where urban densities can be achieved with the appropriate servicing, from Rural Protection Areas which have a minimum parcel size of 1.0 ha and rely on on-site water and/or septic solutions. Based upon current trends, the Regional District of North Okanagan is anticipated to experience population growth at approximately 1% per annum. Although the growth rate of Electoral Areas “B” and “C” is expected to be modest (0.3-0.5% per annum), the City of Vernon population is expected to increase from 38,150 in 2011 to 48,000 by2036. The City of Vernon Housing Needs Assessment (CitySpaces Consulting, August 2013) has identified 9,168 approved residential units and an available pre-zoned residential land supply within City boundaries that can accommodate residential development, at 200 units a year, for over 45 years. The current City residential lands inventory does not include infill development potential in established neighbourhoods or residential development potential planned for the City Centre. The conclusion of the Study was “The housing situation is unique in Vernon compared to other communities of the same size, due to the fact that the available land for residential development far exceeds the anticipated demand. Land constraint is not an issue in Vernon.” As a result of the City of Vernon’s extensive residential development land inventory and the Regional Growth Strategy’s emphasis on compact, complete communities, the RDNO does not 31 Page 66 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 support incompatible land uses or urban intensification along the boundaries of Electoral Areas “B” and “C”. GROWTH MANAGEMENT POLICIES 4.3.1 The Regional District shall support the designation of the Rural Protection Boundary, consistent with the Regional Growth Strategy, as shown on Schedule ‘H’ Regional Growth Strategy Map. 4.3.2 The Regional District shall consider amendments to the Rural Protection Boundary during the 5-year Regional Growth Strategy Review or if a community need has been identified. 4.3.3 The Regional District will not permit urban land use and development beyond the Rural Protection Boundary. 4.3.4 Where proposed development is adjacent to the Agricultural Land Reserve along the Rural Protection Boundary, the first priority will be to protect agricultural activity from negative urban influences through the use of such mechanisms as undertaking fringe area planning with adjacent municipalities, requiring appropriate buffers that reflect the density of the development, or registering restrictive covenants. 4.3.5 The Regional District shall not support the expansion of sewer services to areas located outside of the designated Rural Protection Boundaries except where existing developments threaten public health or the environment and will not result in further residential development within the Rural Protection Area. 4.3.6 Amendments to the Rural Protection Boundary shall be considered in accordance with the process and criteria established in the Regional Growth Strategy. 4.3.7 Continue to participate in regional planning with all member municipalities and Electoral Areas. 4.4 CITY OF VERNON ANNEXATION PROPOSALS The Regional District of North Okanagan Electoral Areas “B” and “C” have experienced significant annexation application activity over the last 20 years. Between 2004 and 2011, the City of Vernon was successful in annexing approximately 1,950 hectares (4,825 acres) of land, which has resulted in a 13% reduction in Electoral Area “B” and “C” private lands over that period. A large proportion of those annexed lands are within the ALR. Table 10 and Figure 5 provide a summary of successful annexations into the City of Vernon since 2004. Table 10: Annexation of Electoral Area lands (2004-2011) 6 Private Land Area (2004) Private Land Area (2013) Area Annexed (2004-2013) Electoral Area "B" 9,905 ha 8,075 ha 1,830 ha -18.40% Electoral Area "C" 5,281 ha 5,128 ha 123 ha -2.30% TOTAL 15,186 ha 13,203 ha 1,953 ha -12.86% Approximate Change 6 The properties that have annexation applications submitted to the Province but are not authorized are not included. 32 Page 67 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Figure 5: Electoral Areas “B” and “C” properties annexed into the City of Vernon (2004-2011) 33 Page 68 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 The majority of this annexation activity included one or a few properties and was not part of a more comprehensive boundary review process. Concerns were identified regarding the impact that the loss of these annexed lands is having on the financial sustainability of unincorporated service provision (specifically the ability to continue to provide fire protection services), the identity and fabric of their communities, the loss of productive agricultural lands, shifts in political representation and loss of control of land use decisions, specifically regarding suburban sprawl within fringe areas. The Regional District commissioned Urban Systems to undertake the Electoral Area Annexation Impact Study and the findings of Phase I and Phase II concluded that small, incremental annexations have become more prevalent over the last 10 years and that small annexations do not appear to receive the level of scrutiny that a large boundary restructure would require. Urban Systems concluded that land use planning was not well coordinated between the City of Vernon and the Regional District, recommending that Phase III of the Study would address some of the issues through the development of a Boundary Extension Protocol Agreement between the City of Vernon and Regional District of North Okanagan. A Boundary Extension Protocol Agreement is an agreement between the Regional District, Ministry of Community, Sport and Cultural Development and participating municipalities to improve the annexation process by defining roles, process, and information exchange and communication between all signatories. A Boundary Extension Protocol Agreement would bring clear expectation and certainty to the annexation process for all participating parties, the City of Vernon, the Regional District and property owners. Though the resulting protocol would be helpful, the process of co-creating the protocol would improve communication and the overall relationship between the City of Vernon and Regional District on inter-jurisdictional planning matters. The Regional District’s annexation and fringe management policies work toward collaborative fringe area decision-making that respects the rural character and identity of Electoral Area “B” and “C” and discourages urban sprawl and intensification along the urban-rural fringe areas. The Regional District will not support annexation applications that are initiated for septic sewer service expansion to remedy environmental and/or health issues. The Annexation Impact Study identified several remedies for these situations that do not result in “lot by lot” annexation, including the use of extra-territorial service extension (Community Charter, Section 13). ANNEXATION POLICIES 4.4.1 The Regional District will work in partnership with the Ministry of Community, Sport and Cultural Development, Agricultural Land Commission and municipalities adjacent to the Electoral Areas “B” and “C” on the development of a municipal boundary adjustment protocol agreement that creates certainty for all parties when reviewing annexation applications. 4.4.2 Until the development of a municipal boundary adjustment protocol agreement between adjacent municipalities and the Regional District, the Regional District will only support annexation applications if all of the conditions below are satisfied: 34 Page 69 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 a. The application is undertaken within the process suggested through either an agreed upon municipal boundary extension protocol agreement or the 2010 Municipal Boundary Extension Guide (Ministry of Community, Sport and Cultural Development); and, b. The application fulfills a defined and legitimate community need for additional developable land, supported by detailed analysis; and, c. The application does not include land within, or adjacent to, the Agricultural Land Reserve; and, d. The application is for a large area boundary extension (greater than 50 properties), which will require greater analysis and public consultation than smaller annexation proposals 7; and, e. Extensive public consultation is undertaken with the residents of Electoral Area “B” and “C”; and, f. The application has unanimous agreement by all landowners included within the boundary adjustment area; and, g. The referring municipality includes an analysis of cumulative impacts of municipal boundary extensions, over a ten year period from the date of the annexation application, on both City and Electoral Area service provision; and, h. The referring municipality has considered all concerns that have been identified by the Regional District, Electoral Area Directors and residents of Electoral Areas “B” and “C” regarding the annexation application. 4.4.3 The Regional District will not support annexation applications that are initiated for septic sewer service expansion to remedy environmental and/or health issues. The Regional District will consider supporting the extension of septic sewer through other mechanisms available to local governments, including extra-territorial service extension (Community Charter, Section 13). 4.4.4 The Regional District will actively pursue activities that will result in the Provincial assessment of, and compensation for, cumulative impacts of multiple municipal boundary extensions on Electoral Area service provision. 4.4.5 The Regional District will amend Procedural Policy LU047 to reflect the policies included within this Plan and the results of the Electoral Area Annexation Impact Study. 4.5 FRINGE AREA PLANNING Land on the periphery of urban municipalities is often subject to intense development pressure due to the proximity of the urban centre, the availability of relatively inexpensive, undeveloped land, and the opportunity for a rural lifestyle. As such, it is also an area in which urban-rural land use conflicts have the greatest probability of occurring. Many municipalities and regional districts within British Columbia have taken proactive and thoughtful approaches to urban-rural fringe area management, including the use of urban-rural transition areas, limiting suburban density on properties adjacent to agricultural and/or rural lands (City of Surrey Suburban Transition Policy), mandatory buffers adjacent to agricultural land that reflect the scale of 7 Ministry of Community, Sport and Cultural Development (2010) Municipal Boundary Extension Process Guide, pg. 10. 35 Page 70 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 development (City of Abbottsford Landscape Buffering Strategy for the Agricultural-Urban Interface), fringe area management planning (Thompson Nicola Regional District, Peace River Regional District) and growth management agreements (Regional District of Nanaimo). In response to the region's goal of encouraging cooperation among jurisdictions, the Electoral Areas “B” & “C” Official Community Plan identifies potential issues with inter-jurisdictional implications and establishes a policy framework designed to facilitate the resolution of these urban-rural interface issues, as well as other issues which have not yet been identified, through cooperation and consultation. FRINGE AREA PLANNING POLICIES 4.5.1 The Regional District encourages adjacent municipalities to consider the rural context and character of Electoral Areas “B” and “C” when reviewing development along the urban/rural fringe. 4.5.2 The Regional District requests that the adjacent municipalities adhere to best management practices regarding development along the Electoral Area “B” and “C” boundary, including participating in collaborative fringe management planning, limiting suburban density, requiring appropriate buffering and discouraging further suburban and urban sprawl into rural and agricultural areas. 4.5.3 Regional District is committed to coordinate efforts with the neighboring municipalities to ensure that growth adjacent to Electoral Area “B” and “C” boundaries occurs in a planned and sustainable manner that reflects the unincorporated rural character valued by the residents of Electoral Area “B” and “C” residents. 4.5.4 Encourage inter-jurisdictional fringe area planning between the Regional District, District of Coldstream, Township of Spallumcheen and City of Vernon that is respectful and collaborative. 4.5.5 Encourage adjacent jurisdictions to provide referrals on applications and issues that relate to land use planning and management to the Regional District, especially along the rural-urban fringe. 4.5.6 Work with adjacent jurisdictions, the Ministry of Agriculture and Agricultural Land Commission to protect the Agricultural Land Reserve along the urban-rural fringe. 4.5.7 Refer to other agencies, all land use planning applications or issues which may affect another jurisdiction. All affected agencies or municipal Councils, which receive referrals from the Regional District, shall be encouraged to give due consideration and timely responses to referrals. 4.5.8 Facilitate inter-agency meetings with the Regional District, District of Coldstream, Township of Spallumcheen, City of Vernon, and provincial and federal government agencies, whenever appropriate, to resolve any inter-jurisdictional concerns through cooperative approaches. 36 Page 71 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 4.5.9 The Regional District of North Okanagan may enter into fringe area and/or municipal boundary extension protocol agreements with the District of Coldstream, Township of Spallumcheen and/or City of Vernon to coordinate regional and municipal objectives for long-term management or protection of fringe areas. 4.5.10 Amendments may be made, from time to time, to the Land Use and Subdivision Bylaw, Zoning Bylaw and the Official Community Plan to better implement the Regional Growth Strategy. 37 Page 72 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 5.0 RURAL LANDS 5.1 RURAL LANDS OBJECTIVES The intent in designating land in rural areas is to provide an alternative to urban living. Rural lands do not have the level of community services expected in an urban area. The Regional District currently has four property size standards for rural areas as follows: • • • • Small Holding Country Residential Non-Urban Large Holding 1.0 ha 2.0 ha 7.2 ha 30.5 ha The general attitude in Electoral Areas “B” and “C” is that the minimum parcel size required for maintaining the rural character and setting of the area should be 2.0 ha, Country Residential. However, the designation of lands as Country Residential does not ensure that a property would be rezoned to this standard. In all cases where a rezoning application is submitted, site specific issues will be considered and the property may or may not be rezoned to Country Residential. The factors to be considered in any rezoning application are outlined below in Section 5.1.6. Some limited areas of Small Holdings have been identified on the map Schedule B attached to the Official Community Plan. Policies are included in the Plan to guide the establishment of new areas utilizing the Small Holding standard and are outlined below in Section 5.1.7. Standards for rural development do not directly apply to land within the Agricultural Land Reserve. The Agricultural Land Commission must approve any non-agricultural development or subdivision within the Agricultural Land Reserve and they review each proposal for development on its own merits with the primary objective to preserve agricultural land and promote farming. Never-the-less, when the Regional District is considering an application for development within the Agricultural Land Reserve consideration of the rural standards is necessary as these standards are consistent with the Regional District “Zoning Bylaw”. All development must be implemented consistent with the “Zoning Bylaw”. RURAL LANDS POLICIES 5.1.1 Rural Lands within the Plan area are designated either Large Holding, Non-Urban, Country Residential or Small Holding as shown on map Schedule ‘B’ and where the minimum lot size standard is 30.5 ha, 7.2 ha, 2.0 ha and 1.0 ha respectively. 5.1.2 The Regional District considers that the Rural Lands in Electoral Areas “B” and “C” are sufficient to meet housing needs over a period of at least ten years. 38 Page 73 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 5.1.3 It is the opinion of the Regional District that the crown lands in the Commonage within the Plan area should continue to be used for rural or agricultural purposes or for the preservation of natural amenities or wildlife habitat. 5.1.4 Developers on Rural Lands will be encouraged to consult with the Ministry of Forests Lands and Natural Resource Operations with regard to subdivision design, layout of roads, selection of building sites and the clearing of trees with regard to protection of the proposed development from wildfire hazard. 5.1.5 Because of the importance of water supplies for new development and the uncertainty about water supply for some Rural Lands, assurance about water supply should be provided with a rezoning application or an application to amend this Plan and as appropriate, hydrogeological studies should be undertaken to determine impacts, if any, on existing wells in the neighbourhood and the local aquifer. 5.1.6 Some lands in this Official Community Plan area are designated as Country Residential; however, this designation does not ensure that the land would be rezoned as Country Residential and the following information and considerations are necessary to guide a review of any rezoning application which may or may not be approved by the Regional District: a. information maps should be submitted showing how the rezoning area can develop into the Country Residential standard including the location of any new streets, environmental protection measures, lot layouts and any community amenities; b. the area should not be subject to flooding, high water table or terrain instability; c. the development of the area should not require excessive expenditures for community services such as roads, utility services and school busing; d. the terrain should be suitable for development whereby each new lot would have a building site and driveway access in compliance with the “Zoning Bylaw”; e. each new lot shall have an area that is adequate for on-site sewage disposal with a reserve site for on-site sewage; f. information should be provided to show how development can be supplied with an adequate water supply as outlined in policy 5.1.5 of this Plan; g. Natural Features or other sensitive environmental attributes should not be negatively impacted by a higher density of land use and in this regard, the Regional District may request that an environmental impact analysis be undertaken; h. other submissions other than those cited herein may be necessary in order to adequately evaluate an application; and i. notwithstanding these specific considerations, the Regional District will be guided by community goals and objectives cited in this Plan and other policies in this Plan as may be appropriate in the consideration of any application. 5.1.7 Generally, Rural Lands within Electoral Area “C” and lands within Electoral Area “B” in the Swan Lake and L & A Road areas are maintained in the Country Residential standard; however, the Regional District will consider any application to amend this Plan for a Small Holding development if the following information is provided by the applicant: 39 Page 74 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 a. information maps should be provided to show that a new Small Holding designation in this Official Community Plan will follow a broad neighbourhood area and the Regional District will consider designating this whole area into the Small Holding designation; i. a public information meeting is held; ii. evidence of broad neighbourhood support is provided; iii. risks of interface fires are identified and addressed; iv. adequate access to the proposed development is identified; v. the provision of community water and appropriate onsite effluent disposal is confirmed; and vi. information outlined in Section 5.1.6 is provided to adequately evaluate the proposed change to this Official Community Plan. The following considerations will guide a review of the application which may or may not be approved by the Regional District: a. access via no-thru rural roads is not supported; b. the proposed development does not change the rural character of the area; and c. the subject lands are outside the Agricultural Land Reserve. 5.1.8 When changing the designation of land to the Non-Urban or Country Residential designation, due consideration will be given to site specific characteristics and site servicing issues. 5.1.9 Pursuant to Section 904 of the “Local Government Act”, the Regional District may apply a bonus density to a maximum of 20% for Country Residential developments. Where an application proposes to amend the “Zoning Bylaw” with no lots less than 1ha in size with a minimum of 10% of additional land to be dedicated for community or site amenities as follows: a. the dedication of parks or trails as outlined in this Plan; b. the long-term security of a Natural Area as outlined in this Plan or other significant environmental or habitat feature; c. the maintenance of substantial buffer zones adjacent to a Major Road as defined in this Plan; or d. the conservation or provision of any other amenity as proposed by the property owner. 40 Page 75 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 6.0 RESIDENTIAL LANDS 6.1 RESIDENTIAL LANDS OBJECTIVES As previously noted, the intent of this Official Community Plan is to preserve and protect the agricultural and rural lands within the plan area and to significantly reduce the potential development of residential (urban) lots. Lots that are currently zoned ‘Residential’ may be subdivided to the existing standards contained in the “Zoning Bylaw” which vary depending on the level of services but generally the standards are as follows: • With Community Water and Sewer Services: Single Family Dwelling 0.056 ha Duplex Dwelling 0.070 ha • With On-site Wells and Septic Systems (no community services): All lots 1.0 ha In accordance with provincial recommendations and standards, no lots will be created less than 1 hectare in size unless connected to a community sewer system. Lots less than this size have been determined to not be acceptable for septic effluent disposal. There is concern that higher densities of development that use on-site systems could cause local long-term soil and drainage problems over the neighbourhood. The province has also indicated that if a local government approves these higher density developments and problems do emerge, that financial assistance from the Province could be withheld from any financial scheme to fix the problems. The Okanagan Basin Water Board, which also assists with financial resources for new community sewer systems, has endorsed this provincial policy. RESIDENTIAL LANDS POLICIES 6.1.1 Existing Residential developments are recognized in this Plan and are so designated and shown on Schedule ‘B’ and include areas with small lot developments at various sizes depending on the type of development as outlined in the “Zoning Bylaw”. 6.1.2 Residential developments within an area enclosed by an ‘Urban Containment Boundary’ shall require connection to community sewer and water systems. 6.1.3 The Regional District supports the policy that Residential developments for urban-type uses and special needs housing should be in a municipality where proper servicing, more comprehensive design standards and social infrastructure facilities are readily available and therefore, the Regional District does not support the designation of any additional land in this Plan for the Residential designation for urban-type uses. 6.1.4 Any application to amend this Plan to allow for new Residential development areas shall include the development of new policies for the consideration of such applications. 41 Page 76 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 6.1.5 To respond to affordable and rental housing needs, the Regional District supports the development of secondary suites and the use of manufactured homes as permitted in the “Zoning Bylaw” and by the “BC Building Code”. 6.2 COSENS BAY CONTEXT Cosens Bay is a small inlet on the East Side of Kalamalka Lake just south of the City of Vernon. The lake is surrounded by low-lying hills primarily covered in a Douglas-fir forest with some areas of Ponderosa Pine or Grasslands. Kalamalka Lake is classified as a Marl Lake and is one of few examples of its kind within the country. High amounts of dissolved minerals, especially calcium carbonate contributes to the lakes’ aesthetically attractive clear blue / turquoise waters. The lake is deep and is primarily fed by groundwater sources enabling it to maintain a very high water quality as well as contributing to its’ unusual colour composition. The Cosens Bay area is largely designated Residential and the upland area to the southeast is designated Large Holdings. The local topography supports the cabin colony on land that is primarily greater than 30% slope, with soils of variable drainage and rockiness. The area has been fairly slow to develop in comparison to other lakefront areas. This lack of development is likely due to the absence of electricity and a proper sewer system, as well as a substandard road. The growth potential of this area is high as approximately 30% of the properties have little or no improved value on them. This figure suggests that further developments will likely occur in the future. During the public consultation process it became evident that a number of property owners within the Cosens Bay area want to establish a greater level of services in the area with a desire to accommodate additional development. One group expressing this interest is the Cosens Bay Property Owner’s Society. The group developed the following Vision Statement for the Cosens Bay area at their 2013 Annual General Meeting: Cosens Bay is a small, unique collection of homes and cabins located on the shores of beautiful Kalamalka Lake. This somewhat isolated, peaceful, community-focused area desires an improved level of existing or expanded services. Surrounded by a provincial park, it is accessed by a year round public road maintained by the Ministry of Transportation and Infrastructure.8 The future will see responsible development and redevelopment, while being cognizant and respectful of its natural setting and the environment. There have been numerous discussions over the last ten years around the need for establishing an overall plan for the future of the Cosens Bay area. The previous Official Community Plan referenced the development of a neighbourhood plan for Cosens Bay however, the Board of Directors of the time decided not to proceed with its creation. 8 The Ministry of Transportation and Infrastructure has noted that currently, the Ministry maintains 4.279 km of Cosens Bay road. Maintenance ends 700 meters west of the Kalamalka Park boundary, close to the Eastern boundary of lot 60 District Lot 1272 ODYD, Plan 8686. The end of maintenance is marked by a MoTI sign. 42 Page 77 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 The Regional Board recognizes that the sustainability of the Seasonal Residential development in the Cosens Bay area has absolute limits and it will seek to establish and address such limits through a strategic local area plan. Specific concerns to be addressed include but are not limited to: • septic capabilities and the potential pollution of Kalamalka Lake; • environmental degradation of the park and outlying areas; • road conditions and maintenance; and • future growth and the requirement for access to sewer, water and other community facilities. It is important to note that during the development of the Official Community Plan Bylaw 1708, 2003 consultation on planning issues within the Cosens Bay area was also undertaken by the Property Owners Association. A poll was distributed by the Association to all property owners in the Cosens Bay area and the results of this poll indicated that the primary concern of these property owners was the quality of the road access and electrical power extension to the area. The Regional District assisted with a general distribution on existing land use regulations; these consultations resulted in the receipt of several form-letters from many land owners and some questionnaire responses which together indicated that the majority of property owners wished to maintain the status quo. In light of the varying levels of support for change in the Cosens Bay area any future land use planning exercise must include close collaboration with all property owners to ensure that the existing issues and potential solutions are adequately addressed. COSENS BAY POLICIES 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. 6.2.2 The Regional District does not financially contribute to the improvements of roads in the Electoral Areas including Cosens Bay Road. The Regional District will consider support for any initiative on the part of a group of property owners to improve road conditions. 6.2.3 On an application to change the zoning of land within the area of Cosens Bay, the availability of community services shall be considered and in particular, the need for a community sewer system, the suitability of the access road to Cosens Bay and the need for hydro service and any application to rezone land may or may not be approved. 6.2.4 An application to amend this Plan to consider a new Residential development/subdivision at Cosens Bay shall include information on the proposed road network, public lake access routes, an environmental impact assessment and a terrain suitability analysis; in addition, the appropriateness of the land use and the availability of community services shall be considered and in particular, the need for community sewer and water systems, the suitability of the access road to Cosens Bay and the need for hydro service and any application to amend this Plan may or may not be approved. 6.2.5 It is the Regional District policy that all new Residential developments/subdivisions at Cosens Bay shall be on a community sewer and water system. 43 Page 78 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 7.0 COMMERCIAL LANDS 7.1 COMMERCIAL LANDS OBJECTIVES The majority of lands within the plan area that are designated commercial fall within the Swan Lake Corridor. It has been identified in previous OCP’s that this corridor will evolve into a commercial district to meet the growing economic and commercial land needs of Greater Vernon. The land lying between Highway 97 and Pleasant Valley Road is envisioned to accommodate a mixture of commercial uses subject to comprehensive planning and design guidelines. The land lying between Highway 97 and Swan Lake is envisioned as predominantly open space, and promoting agricultural land areas where appropriate. This pattern is expected to offset a more intensive development pattern east of the highway, maintain aesthetic value, protect the lake for its environmental attributes and provide an attractive foreground for the tourist and highway commercial uses across the road and for those visitors entering Vernon along Highway 97. It is a goal of this plan to support a variety of commercial land uses along the entire extent of the corridor between Highway 97 and Pleasant Valley Road. COMMERCIAL LANDS POLICIES 7.1.1 Land for current and future commercial uses is designated as Commercial as shown on Schedule ‘B’. 7.1.2 Land designated as Commercial is also designated within a Development Permit Area to set conditions respecting the ‘form and character’ of development as outlined in Section 16.6 of this Plan. 7.1.3 The Regional District will consider any application to amend this Plan to accommodate a neighbourhood commercial use to supply goods and services for which there is a local need if the following information is provided by the applicant: a. demonstrated broad based community support for such a use; b. it is demonstrated that a neighbourhood commercial use is fulfilling a community need; and c. the subject property is not located along Silver Star Road as the Regional District does not support any additional forms of commercial development along this corridor other than those designated within the City of Vernon Foothills Neighbourhood Plan. 44 Page 79 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 7.1.4 The Regional District would consider a rezoning application for: a. a recreation commercial use which is in proximity to crown land recreational opportunities or adjacent to a natural aesthetic feature such as a lake or stream; or b. comprehensive commercial uses or other such uses that have unique site location requirements; c. except that an application will not be considered in an Agricultural area unless the use conforms to the “Agricultural Land Commission Act” or a decision of the Commission and where such rezoning application may or may not be approved by the Regional District. 7.1.5 When considering an application to designate a new Commercial property or area, the Regional District will consider: the level of community services including sewer and water services; the management of traffic and parking requirements; compatibility with adjacent or neighbourhood land uses; as well as the possibility of noise pollution; environmental degradation; or unsightly conditions that may prevail. 7.1.6 The Regional District may introduce business licensing for Commercial, Industrial and Home Occupations within Electoral Areas “B” & “C” to ensure compliance with Regional District Bylaws. SWAN LAKE COMMERCIAL DISTRICT POLICIES 7.1.7 The Regional District supports the exploration of partnership opportunities and creative approaches to the provision of sanitary sewer service to the Swan Lake Commercial District. 7.1.8 The Regional District will consider undertaking the development of a Swan Lake Commercial Area Plan to identify a new future vision for the area as well opportunities for the provision of sanitary sewer services. 7.1.9 The Regional District will consider applications for additional Commercial and Industrial land designations based on the recommendations of an employment land strategy. 7.1.10 The Regional District will consider zoning changes within the Swan Lake Commercial District consistent with the policies of this Plan including: a. Because of the sensitive environmental conditions that exist within the Swan Lake Commercial District due to the proximity to Swan Lake as well as the problematic soil and hydrological conditions, the Regional District recognizes two options for an on-site sewage disposal and stormwater management system as follows: i. Where the proposed land use generates a maximum daily sewage flow of 1400 litres or less, then the Regional District will consider a rezoning application based on the design recommendations of a consulting engineer on the condition that a Covenant be registered to not permit a land use that exceeds this maximum; or ii. Where the proposed land use generates a maximum daily sewage flow in excess of 1400 litres, then the Regional District will consider a rezoning application based on a review of the proposed on-site sewage disposal and stormwater management system that includes: 45 Page 80 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 a. a hydrological assessment from a hydrological engineer that reviews the local groundwater and surface water conditions with consideration of possible contamination of Swan Lake or a tributary watercourse or ditch; b. a geotechnical evaluation from a geotechnical engineer that reviews local soil conditions with the identification of a primary and separate backup drainfield location which areas would be protected by a Covenant; and c. a design for a sewage disposal and stormwater management system prepared by a civil engineer. 7.1.11 With due regard to Section 17.1.1 of this Plan, the Regional District may consider a rezoning application based on a holding tank where the applicant has submitted all information as outlined in the Regional District "Holding Tank Bylaw”. 7.1.12 The Regional District will consider a rezoning application based on a sewage connection to a community sewer system. 7.1.13 As a condition precedent for the approval of a rezoning bylaw, the Regional District will generally request that a Covenant be registered to prohibit the subdivision of land until a community sewer system is available. 7.1.14 As a condition for consideration for any rezoning application, the Regional District may request that any engineering reports be submitted for an independent peer review. 7.1.15 The Regional District will undertake a review of the Zoning Bylaw as it relates to the percentage of site coverage and pavement surfacing permitted on Commercial and Industrial lands in the Swan Lake Commercial District to ensure appropriate permeability of stormwater runoff. HOME BASED BUSINESS POLICIES 7.1.16 The Regional District supports the establishment of home occupations, including bed and breakfast operations that are developed and operated in accordance with the regulations of the “Zoning Bylaw”. 7.1.17 The Regional District supports the establishment of Farm Sales operations that are ancillary to a farm operation and in compliance with the regulations in the “Zoning Bylaw”. 46 Page 81 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 8.0 GATEWAY 8.1 GATEWAY OBJECTIVES Both the south and northern gateways to the City of Vernon fall within Electoral Areas “B” and “C”. It is a goal of this plan to ensure that these areas remain attractive and retain their rural character limiting the impacts of development on the natural environment. GATEWAY POLICIES 8.1.1 Prevent additional Commercial and Industrial development on the south gateway (Commonage) to Electoral Areas “B” and “C” to retain its rural character. 8.1.2 Within the north gateway (Swan Lake Corridor), encourage a mixture of Commercial and Industrial uses east of the highway with a form and character that respects the importance of the gateway location at the edge of the City of Vernon and is consistent with the area’s unique character. Encourage low density rural land uses on properties to the west of Highway 97. 8.1.3 Use site planning, building design and landscaping to reduce negative visual impacts of development, particularly as seen from Highway 97. 8.1.4 Maintain open sight lines between the highway and Swan Lake and the highway and Kalamalka Lake through the retention of existing rural landuse designations. 8.1.5 Discourage the placement of commercial signage within the highway corridor. Permit the placement of “welcome” and facility/directional signage at the approaches to important intersections. 8.1.6 Limit direct access on to and off of Highway 97. 47 Page 82 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 9.0 INDUSTRIAL LANDS 9.1 INDUSTRIAL LANDS OBJECTIVES It is a goal of this plan to contain the existing light industrial land uses to the west of the CP rail line, along Highland Road. The goal is to support uses where industry can be conducted in a relatively intensive manner both inside and outside a building and compatibly with adjoining land uses. INDUSTRIAL LANDS POLICIES 9.1.1 Land for current and future industrial and manufacturing uses are designated as Industrial as shown on Schedule ‘B’. 9.1.2 Lands designated as Industrial are also designated within a Development Permit Area to set conditions respecting the ‘form and character’ of development as outlined in Section 16.6 of this Plan. 9.1.3 The use of land designated Industrial should be consistent with the Zoning Bylaw and should be consistent with the following policies: a. The Regional Board supports the uses as outlined in the Light Industrial zone and encourages the following activities in this area: i. Light Manufacturing a. Assembly Uses b. Industrial Repair c. Utilities and Public Works d. Warehousing; b. The board may also support general industrial uses in this area subject to appropriate location, site design, screening and buffering; c. Multi-tenant buildings are encouraged where possible; d. Costs to provide services for the area should be borne by the owner/developer; and e. The area will be subject to Development Permit Area guidelines regarding: i. Siting and dimensions of buildings ii. Location of parking and traffic areas iii. Buffering from other uses iv. Location and design of signs v. Screening of storage yards vi. Provisions for the protection of the natural environment. 48 Page 83 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 9.1.3.1 When considering an application to designate a new Industrial property or area, the Regional District will consider the level of community services including sewer and water services, the management of traffic and parking requirements, the outdoor storage needs, compatibility with adjacent or neighbourhood land uses, the possibility of noise pollution or unsightly conditions that may prevail as well as any pollutants that may be discharged by the industry which should be of such quality that they will not adversely affect the land, water or air in either the short or long term. 49 Page 84 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 10.0 COMPREHENSIVE DEVELOPMENT LANDS 10.1 COMPREHENSIVE DEVELOPMENT LAND OBJECTIVES Comprehensive Development Areas are intended to accommodate for the development or redevelopment of a larger site allowing for a variety of land uses and development approaches. From time to time, extraordinary land uses arise which do not conform to the usual residential, industrial, commercial, or open space land use categories. Development proposals which fall into this category shall be considered in an integrated manner as they will require both an Official Community Plan amendment and rezoning. COMPREHENSIVE DEVELOPMENT LANDS POLICIES 10.1.1 Land designated as Comprehensive Development is also designated within a Development Permit Area to set conditions respecting the ‘form and character’ of development as outlined in Section 16.5 of this Plan. 10.1.2 Comprehensive Development Uses are intended to accommodate a proposal which does not fit within an existing land use designation. Any proposed Comprehensive Development shall be considered with due regard to the following matters: a. the site should offer adequate water supply, sewage disposal, drainage and access for the intended use; b. the proposal should not adversely affect the environment or adjacent land uses; c. a Comprehensive Development Use designation shall only be considered in conjunction with a Comprehensive Development Zone which will define the uses and development regulations specific to the subject lands; and d. notwithstanding these requirements, the Regional District may request additional information to properly evaluate any proposed changes to the “Official Community Plan” and “Zoning Bylaw”; except that, a Comprehensive Development Official Community Plan amendment and rezoning application will not be considered in an Agricultural area unless the use conforms to the “Agricultural Land Commission Act” or to a decision of the Commission and where such an application may or may not be approved by the Regional District. 50 Page 85 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 11.0 ENVIRONMENT AND NATURAL AREAS 11.1 ENVIRONMENT AND NATURAL AREA OBJECTIVES ENVIRONMENTAL VALUES AND HABITATS Electoral Area “B” and “C” contain a rich source of wildlife due to the diverse landscape and ecosystem structure. This aspect of the local wilderness can sometimes cause conflicts. The increasing popularity of this region for relocation has required settlement expansion and development. This pressure has unfortunately contributed to the degradation and often the loss of habitat for some of our native flora and fauna as well as increasing the susceptibility of the land to invasive species. The Vernon Forest District contains a number of rare, endangered or threatened species as well as rare plant associations which are found in either the Ponderosa Pine Bunchgrass zone or the Interior Douglas fir zone. This data suggests that the local environment in the North Okanagan is in a fragile state and should be carefully considered in the planning and decision-making process to ensure its beauty and biodiversity are maintained. The Province of British Columbia has introduced legislation that requires local governments and Regional Districts, to protect streams and their associated riparian areas. Refer to Section 16.2 for the Riparian Area Development Permit Area Guidelines. SENSITIVE ECOSYSTEM INVENTORIES In recent years, the Regional District, Alan Brookes Nature Centre, provincial, and federal agencies have conducted inventories of rare ecosystems in Vernon and Electoral Areas “B” and “C”, in part to determine the range of rare and endangered species and to manage for the health of these populations. There has been habitat loss from urban settlement and uses, agriculture, forestry, and the introduction of plants and animals not native to the Okanagan. The Vernon Commonage, Bella Vista – Goose Lake Range and Coldstream-Vernon Sensitive Ecosystem Inventories (SEI) are intended to provide a summary overview of rare and fragile ecosystems within Vernon and Electoral Areas “B” and “C”. The SEI information is derived from aerial photography, biogeoclimatic data and supported by selective field checking of the data. SEI is a tool that provides scientific information for policy development that supports the efforts of local government and other organizations that work toward the protection of rare and unique ecosystems and maintain biodiversity. This information provides a useful basis for private land stewardship and land use planning, forming the basis for Development Permit Areas. The provincial and federal governments have a number of guidelines and Best Management Practices documents that may be considered to supplement the Regional District’s environmental policies. They include: 51 Page 86 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 • • • Land Development Guidelines for the Protection of Aquatic Habitats; Stream Stewardship: A Guide for Planners and Developers; and, Develop with Care: Environmental Guidelines for Urban and Rural Land Development in British Columbia. BIODIVERSITY CONSERVATION STRATEGY The Okanagan Collaborative Conservation Program (OCCP) is in the process of developing a Regional Biodiversity Conservation Strategy (BCS) for the Central and North Okanagan. The strategy will facilitate an assessment of biodiversity in the region and will be integrated with the South Okanagan Biodiversity Strategy that is being coordinated by the South Okanagan Similkameen Conservation Program. The North and Central Okanagan biodiversity mapping component of the BCS is a Phase I milestone and was completed in late 2012 by Caslys Consulting, resulting in the following maps: • North and Central Okanagan Conservation Ranking Map • North and Central Okanagan Habitat Connectivity Map • North and Central Okanagan Management Class Map • North and Central Relative Biodiversity Map The mapping initiative identified potential areas of high biodiversity within the North and Central Okanagan. The purpose of the project was to identify potential biodiversity ‘hot spots’ and create an overview to guide conservation efforts and assist agencies, stewardship groups and local governments in integrating biodiversity considerations into policy development, land management and stewardship activities. The maps categorized the region’s habitats into a five point scale of relative biodiversity, from very low to very high. These maps have established the relative importance of habitat types to relative biodiversity and identified larger habitat areas and the connectivity between them. These maps can assist in the development of tools to guide securing of priority environmentally sensitive lands through various mechanisms and improve land management practices through the inclusion of biodiversity conservation considerations. The regional mapping, although a useful regionally scaled tool, requires ground-truthing at a site specific level. Areas of greatest conservation concern that were identified through this mapping process continue to be wetlands, valley bottoms, grasslands, stream corridors and steep slopes. Phase II of the Project would result in the Biodiversity Conservation Strategy guidance document, including recommended policies and strategies for consideration by each local government, with consideration of community context and the priorities of local government. It is anticipated that the guidance document will be complete in Spring 2014. 11.2 PROTECTED & NATURAL AREAS Swan Lake Wildlife Management Area: The Province of British Columbia has been considering the feasibility of establishing Swan Lake as a ‘Wildlife Management Area’ for numerous years. A Swan Lake wildlife reserve was first proposed in 1922 to protect important wetland habitats that are recognized as regionally significant waterfowl staging and breeding areas. Over 200 different bird species have been 52 Page 87 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 indentified as using Swan Lake at various times of the year. Planning commenced on a management plan in the early 1990’s and some consultation with property owners around Swan Lake has been done but there has been no substantive advancement on this initiative in recent years. RDNO staff have discussed the possibility of protecting Swan Lake with the Ministry of Forests Lands and Natural Resource Operations and the Ministry has indicated that the establishment of the Swan Lake Wildlife Management Area is a priority for 2013 -2014. NATURAL AREA POLICIES 11.2.1 Land within the Environmentally Sensitive Land Development Permit Areas as designated on Schedule ‘C’ shall not be altered or developed, or subdivision approval granted, unless a Development Permit is issued in accordance with the guidelines in this plan. 11.2.2 Continue to collaborate on the inventorying, mapping, and conservation of sensitive ecosystems with other levels of government, non-governmental organizations and adjacent municipalities. 11.2.3 All development within the Regional District shall be undertaken in compliance with the provincial Riparian Areas Regulation. 11.2.4 Wetlands must remain free of development. 11.2.5 The Regional District supports additional groundwater mapping and monitoring that will assist in planning within neighbourhoods that experience potable water quality or quantity challenges. 11.2.6 Encourage the voluntary protection of natural features. 11.2.7 Encourage the protection, preservation, enhancement and management of sensitive ecosystems or land contiguous to sensitive ecosystems of private lands through the following methods: a. Donation of areas to the Regional District or provincial government; b. Donation of areas to a Land Trust or conservation organization; c. Creation of conservation covenants in favour of municipal, provincial government, private conservation organizations; d. Establishment of statutory right of ways under the Land Title Act for affected areas; e. Establishment of long-term leases for sensitive areas; f. Land stewardship and participation in conservation initiatives by the private landowner; g. Consideration of alternative development standards, such as clustering. 11.2.8 Areas with a high capability rating as wildlife habitat should remain in as large a parcel as possible to protect these habitat areas. 11.2.9 Areas with a high capability rating as waterfowl habitat should be protected by retaining the foreshore in its natural state. 53 Page 88 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 11.2.10 The Regional District supports and will encourage and participate in new planning initiatives by the Province of British Columbia to consider the possible designation of Swan Lake as a ‘Wildlife Management Area’. 11.2.11 The following locations within the Plan area are considered as Natural Areas as identified in the “Greater Vernon Natural Areas and Features Inventory” (Greater Vernon Parks and Recreation District, 1993) and the Regional District considers that these areas are environmentally sensitive to development and the Regional District will have due regard for the significance of these locations when reviewing a land development proposal in their general vicinity: a. Pottery Road Ravines; b. Black Rock; c. East Vernon Road Wetland (seepage) near BX Ranch; d. portions of Bate and Brookside Creeks above Dixon Dam Road; e. Wildwood Gully upslope from Hitchcock Road; f. Abbott Creek Woodlands from Rogers Road eastward; g. Cools Pond; h. Herry Road Ravine east of Pleasant Valley Road; i. Rose’s Pond; j. Commonage Grasslands; particularly the slopes overlooking the west shore of Kalamalka Lake; k. Thompson Lake; and l. all wetlands not covered by Riparian Areas Regulation. 11.2.12 Additional Natural Areas may be identified from time to time as new information becomes available. 11.3 STEEP SLOPES Hillsides are important, visually dominant features in Electoral Areas “B” and “C”, especially within the BX, Commonage and Westside. Hillside locations can be subject to hazards and adverse impacts from land clearing, alteration, subdivision, construction and road building. It is important that future subdivision or proposed major changes in the topography of steep slopes be undertaken sensitively, in consideration of environmental and visual impact, slope stability and natural hazards. Development on hillsides should also consider the potential impact on neighbouring properties. Hillside development is more difficult to construct on and can have more prominent environmental, physical and visual impacts than on flatter areas. All these factors mean that hillside development must be carefully designed and sensitive to its location. STEEP SLOPE POLICIES 11.3.1 Development on slopes greater than 30% carry inherent geotechnical risks, access and safety concerns and therefore it is recommended that if possible development is accommodated elsewhere on the site and steep slopes are encouraged to be left as natural or open spaces. 54 Page 89 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 11.3.2 The Regional District may require a geotechnical site evaluation for development on steep slopes. The assessment should take into consideration site design as it relates to substrates, natural contours, natural gradients and ensure site stability for the subject and neighbouring properties. The recommendations of this evaluation may be required to be incorporated into a Section 219 Restrictive Covenant. 11.4 CLIMATE CHANGE Climate Change is a global, national, regional, and local challenge. The BC Ministry of Environment has recorded climate data for the last 50-100 years. This historic data suggests that many parts of the province are already starting to experience some of the impacts of climate change. A detailed climate change assessment was recently completed in the Okanagan basin (van der Gulik et al. 2010). The results indicated that impacts will largely be driven by increases in average annual temperature and changes in precipitation patterns (timing and rain verses snow). Associated impacts of local climate change include: • increased atmospheric evaporative demand; • altered vegetation composition affecting evaporation and interception; • increased stream and lake temperatures; • increased frequency/magnitude of storm events and disturbances; • decreased snow accumulation and accelerated melt; • altered timing and magnitude of stream flow (peak flows, low flows). How species adapt to climate change will depend on the level of impact on their habitats and the range of conditions they can tolerate. It is anticipated that as a result of Climate Change impacts on species’ habitat and the range and extent of ecosystems will be altered. The Regional District will need to take an adaptive approach to the impacts of climate change and must continue to work with other levels of government, non governmental organizations and the general public on reducing the impacts human activities have on Greenhouse Gas emissions. GENERAL CLIMATE CHANGE POLICIES 11.4.1 Incorporate mitigation measures that address climate change impacts when reviewing new development applications or undertaking long-term planning projects and initiatives. 11.4.2 Engage the community by raising awareness regarding climate change through the promotion of community wide emission reductions and carbon neutral initiatives. 11.4.3 Work with local and senior governments and other stakeholders to monitor the impacts of climate change on groundwater and surface water sources to ensure a sustainable water balance for environmental and human requirements. 11.4.4 Collaborate with the appropriate agencies and senior levels of government in identifying and mitigating potential climate change impacts that may result in hazardous conditions, including changes in wildfire risks and floodplain areas. 55 Page 90 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 11.5 GREENHOUSE GASES In 2008, the Provincial government enacted the Local Government (Green Communities) Statutes Amendment Act (Bill 27). This statute requires local governments in the Province to include policies in OCPs for Greenhouse Gas (GHG) emission reduction targets, to set a target reduction, and to specify initiatives that local governments can take, or encourage community stakeholders to take, to achieve the GHG emission reductions. Attached as Appendix 1 are the actions and measures identified in order to ensure Electoral Areas “B” and “C” achieve their Greenhouse gas reduction targets by 2020. Greenhouse gases refer to any or all of carbon dioxide, methane, nitrous oxide, hydro fluorocarbons, perfluorocabrons, sulphur hexafluoride and any other substance prescribed by regulation. Managing community energy use and emissions has many benefits including: • • • • • Reduced energy costs – energy costs can be substantially reduced by being more energy efficient; Reduced vulnerability to energy markets - reducing the dependence on fossil fuels helps to decrease the vulnerability to fluctuating energy supply and pricing; Reduced impacts to climate change - managing carbon emissions helps to minimize impacts on the global ecosystem; Job creation and business opportunities – promoting a green economy (clean technologies, renewable energies, water services, green transportation, waste management, green buildings and sustainable agriculture and forests ) can open up new job and business opportunities; and More sustainable communities – the activities that support energy conservation are aligned with other sustainable community objectives such as building compact, complete communities, more efficient infrastructure, walkable neighbourhoods, and protection of farmland and natural areas. ENERGY AND GREENHOUSE GAS EMISSIONS POLICIES 11.5.1 Reduce Electoral Area “B” greenhouse gas emissions by 20% from 2007 levels by 2020 and reduce Electoral Area “C” greenhouse gas emissions by 10% from 2007 levels by 2020. These greenhouse gas targets are reflective of the rural and agricultural character of Electoral Areas “B” and “C”. 11.5.2 Raise awareness respecting climate change and GHG emission reduction initiatives through leadership and Regional District sustainability programs. 11.5.3 Continue to pursue opportunities to reduce greenhouse gas emissions in Regional District operations. 11.5.4 Encourage the development of more compact and complete communities through supporting the concentration of density, services, and major community amenities within the City of Vernon and supporting the Rural Protection Boundary. 56 Page 91 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 11.5.5 Encourage, support and enable the private development of green buildings, subject to development control and building regulation, with features that may include but are not limited to: a. Sustainable landscaping; b. Building retention and re-use; c. Passive solar building systems; d. Energy efficient technology; e. On-site renewable energy systems; and f. Efficient plumbing fixtures and systems. 11.5.6 Continue to support improvements to alternative and active transportation amenities, including additional biking and walking pathways within the Regional District. 11.5.7 Explore options for encouraging hybrid and or electric vehicles. 11.5.8 Encourage provincial and federal government efforts to: a. create more energy efficient buildings (e.g. Greening of the BC Building Code); b. provide homeowners and developers energy efficiency incentives; and c. increase the use of alternative energy sources; i. Work with and or partner with other agencies, stakeholders, and the community to achieve emission reduction targets and energy conservation goals by: a. increased public transportation service within densely populated areas where transit can be supported; b. reduction and diversion of waste from landfills; c. maximizing value from agricultural wastes; d. the protection and restoration of natural areas, hillsides and forested areas; and e. the protection of riparian areas and sensitive habitats. 57 Page 92 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 12.0 COMMUNITY RECREATIONAL USES, PARKS AND HERITAGE SITES 12.1 COMMUNITY PARKS & TRAILS OBJECTIVES The Greater Vernon Parks and Recreation Master Plan, the Sub-Regional Parks and Recreational Service and the Ribbons of Green Trails Plan 2013-2033 provide guidance for the ongoing development of recreational facilities and services in Electoral Areas “B” and “C”. Most recreational facilities in the Electoral Areas are open space parks and trails which are most suitable for unorganized individual contemplative excursions into the natural environment. PARKS & TRAIL POLICIES 12.1.1 The Regional District will consider park, recreation and cultural servicing arrangements that provide opportunities for regional and sub-regional collaboration that benefits the residents of Electoral Areas “B” and “C”. PARKS POLICIES 12.1.2 Existing park lands are designated as Parks on Schedule “B” and uses are restricted to park and civic uses as outlined in the “Zoning Bylaw”. 12.1.3 The Regional District recognizes the need to develop new parks in the Plan area as outlined in the “Greater Vernon Parks and Recreation Master Plan” with particular reference to: • future playgrounds in the Cools Road, Pottery Road and upper East Vernon Road area (BX Ranch Park); and • a neighbourhood park in the lower L & A Road area when the local population demand has increased. 12.1.4 Land for new parks should have sufficient frontage on a local street. 12.1.5 Electoral Areas “B” & “C” are supportive of the potential acquisition of a Sub-Regional park at the BX Ranchlands (166 acres). This potential acquisition could satisfy any future Sub-Regional park needs and would be carried out in consultation with the ALC. 12.1.6 It is the opinion of the Regional District that the idle crown lands in the Commonage within the Plan area should be considered in the long-term as natural areas or parkland to preserve the inherent environmental attributes. 58 Page 93 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 12.1.7 If an area is removed from the Agricultural Land Reserve for purposes of new development, the Regional District will re-evaluate the need for parks in this new development area. TRAILS POLICIES 12.1.8 When considering a development application for any land adjacent to crown land, the Regional District will have consideration for the provision of public trails through the subject parcel to the crown land. 12.1.9 A recreational trail may pass though, or be located adjacent to, the ALR. Where a recreational trail lies within the ALR, the Regional District will submit an application to the ALC and consult with affected farmers and property owners to ensure that trail access, trespass, signage and waste management do not negatively affect farmland or farm operations. The Ministry of Agriculture publication “Guide to Using and Developing Trails in Farm and Ranch Areas” will provide the basis to mitigate the potential negative impacts of trail development use on the ALR. 12.1.10 The Regional District supports the expansion of the BX Trail as outlined in Schedule ‘E’. 12.1.11 Electoral Areas “B” & “C” are supportive of the expansion of the Grey Canal Trail as outlined in Schedule ‘F’. 12.1.12 The Regional District recognizes the need to develop local trails within Electoral Areas “B” & “C” to enhance the connectivity between Sub-Regional trails, any future SubRegional parks and local park space. Relevant trails are outlined in the Ribbons of Green Trails Plan 2013-2033 (Schedule G) with the exception of a trail linkage which should be considered between the Foothills Neighbourhood and Cools Pond. 12.1.13 The Regional District recognizes the need to develop priorities and an implementation strategy for the acquisition and development of new trails in the Electoral Areas; however, it is also recognized that when opportunities arise for the acquisition of a new trail segment as identified in the “Ribbons of Green Trail Plan 2013-2033” then prompt action is often necessary despite the priorities in the implementation strategy. 12.1.14 The Regional District considers that all road rights-of-way that have been dedicated have the potential to be integrated into the Ribbons of Green trail network and as such, the Regional District does not generally support the closure of these rights-of-way. 12.1.15 The Regional District encourages and will carefully consider any proposal from local groups to develop new trails in the Rural Vernon area as outlined in the Ribbons of Green Trails Plan 2013-2033 and Boss Creek Parkland Transfer Agreement (Schedule G). 12.1.16 Electoral Areas “B” & “C” may wish to implement a future Parks Master Plan study based on future priorities. 12.1.17 Electoral Areas “B” & “C” may wish to review their DCC Parks levy to fund future park land acquisitions. 59 Page 94 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 12.2 HERITAGE SITE POLICIES 12.2.1 The Regional District recognizes: a. that heritage properties should be conserved as resources with value for present and future generations. b. that heritage and cultural values should be identified, celebrated, and retained though community engagement. 12.2.2 The Regional District will review any request from a property owner seeking a heritage designation on their property pursuant to the provisions of the “Local Government Act” and where the property owner has indicated that compensation will not be required. 12.2.3 When the Regional District is informed that an alteration is being proposed for a heritage site as identified in the “Greater Vernon Heritage Resource Inventory”, the Building Permit Application will be referred to the Advisory Planning Commission for comments and in this regard, the Commission may consult with other groups or individuals in preparation of their comments. 60 Page 95 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 13.0 INSTITUTIONAL USES, UTILITIES AND PUBLIC FACILITIES 13.1 INSTITUTIONAL USES Utility, assembly and civic uses shall be allowed in all locations in Electoral Areas “B” and “C” except as restricted by the “Zoning Bylaw” or by the “Agricultural Land Commission Act”. 13.2 PUBLIC FACILITIES The location of existing schools are shown on Schedule ‘B’ and these sites are designated as school in this Official Community Plan. 13.3 UTILITIES WATER SUPPLY POLICIES 13.3.1 Residential developments within the growth area as defined by the Regional Growth Strategy Bylaw 2500, 2011 shall require connection to a community water system. 13.3.2 In recognition of the local agricultural industry, the Regional District currently supports a local policy whereby agricultural irrigation rates are competitive with irrigation rates in other water districts in the Okanagan Valley and volumes equal to present irrigation usage. 13.3.3 The Regional District will work with any community group that is interested in establishing a new community water system. 13.3.4 In the consideration of a new community water system for the Keddleston area, the Regional District does not support the establishment of a new water supply service for this area as a catalyst for subdivision and development except to the densities and permitted uses as identified in this Plan. 13.3.5 Because of the importance of water supplies for new development and the uncertainty about water supply for some areas of the Regional District, assurance about water supply may need to be provided with a rezoning application or an application to amend this Plan and as appropriate, hydrogeological studies should be undertaken to determine impacts, if any, on existing wells in the neighbourhood and the local aquifer. 61 Page 96 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SEWAGE COLLECTION AND DISPOSAL POLICIES 13.3.6 Residential developments within the growth area as defined by the Regional Growth Strategy Bylaw 2500, 2011 shall require connection to a community sewer system. The Regional District supports the exploration of partnership opportunities and creative approaches to the provision of sanitary sewer services to the growth areas and future growth areas in Electoral Areas “B” & “C” as defined within the Regional Growth Strategy Bylaw 2500, 2011. 13.3.7 The Regional District supports the provision of sewer services for health and environmental purposes specifically in Residential and Commercial areas where on-site sewage disposal is problematic. 13.3.8 With community support, the Regional District may consider the creation of liquid waste management plans for areas of historic small lot residential, seasonal and commercial developments where sewer service provision is a challenge. 13.3.9 Where a request for municipal sewer system connection / extension is received by the Regional District, the Board of Directors will evaluate each request on its own merits. 13.3.10 Where an applicant for development or an existing community wishes to connect to a community sewer system and the municipality has indicated that direct connection to their system is not possible, the Regional District will consider: a. the establishment of a local service area for that development with effluent disposal to ground or other approved method depending on local conditions; and where a connection is made to a municipal sewer system, the Regional District will consider a contract with the municipality for all or some of the operational and administrative services that coincide with the local service area. 62 Page 97 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 14.0 QUALITY OF LIFE & COMMUNITY SAFETY 14.1 QUALITY OF LIFE & COMMUNITY SAFETY OBJECTIVES A healthy community provides for both the physical and social infrastructures necessary to achieve a high quality of life. While physical features such as parks and trails can encourage people to make healthier choices, community well-being relies on strong social networks. Community associations, block watch groups and local social services & partnerships all aid in peoples ability to meet their basic needs, support each other and reach their full potential. Residents of the North Okanagan report a high quality of life, on average. They are happy to live, raise a family, and retire in the region, and enjoy the outdoor recreation opportunities that the area has to offer. Similarly, the results of the initial survey administered in this planning process indicate that overall, residents of Electoral Areas “B” and “C” rate the quality of life as good to excellent in the areas of “live”, “work”, “play”, “Raise a Family” and “Retire”. The area of “Work” did not rate as high. (The rating scale was evaluated as Poor = 1 to Excellent = 5). Figure 6. Quality of Life Electoral Areas “B” and “C” The following policies are intended to ensure area residents continue to enjoy a high quality of life. The Regional District recognizes that as the population of the area increases there will be additional demands placed on the area’s resources and there may be a need for the Regional District to become more involved in the protection of existing amenities and meeting the new demands of a changing community. 63 Page 98 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 COMMUNITY ACCESSIBILITY AND INCLUSION POLICIES 14.1.1 Support opportunities for balanced, active and diverse lifestyles where housing, public services and amenities are affordable, accessible and inclusive. 14.1.2 Encourage land use patterns, community activities and events that generate intergenerational and inter-cultural interest, participation and social integration. 14.1.3 Consider establishing a region-wide committee to provide feedback and direction to elected officials and staff on aging and disability issues. This feedback may include facilitating the preparation of an age-friendly assessment of the community to discover what is working around accessibility and inclusion and what needs improvement. SENIORS AND SPECIAL NEEDS POLICIES 14.1.4 The essential role of pioneers, founding families, elders and other seniors in the settlement of this area is gratefully acknowledged. It is important that their changing housing needs and requirements for support services be recognized and addressed within the community. 14.1.5 Support local strategies and partnerships to deliver seniors’ care, assisted living services and residential based services for persons with special needs. 14.1.6 Access for persons with special needs should be considered in the design of public buildings and transportation facilities (including trails). 14.1.7 Support local initiatives to become more involved in the Age-Friendly Communities Program. Improved communications (high speed internet and broader cell phone coverage) are essential for a successful age-friendly community, supporting all age groups with such services as: home occupations; and services for seniors choosing to age in place. 14.1.8 When reviewing new development applications, the Regional District will apply an agefriendly lens to the review process to support a local population that hopes to age in place. While many of the health and support services needed by seniors are outside the jurisdiction of the Regional District the community can benefit from a greater awareness of age-friendly features and barriers. COMMUNITY ENGAGEMENT POLICIES 14.1.9 The Regional District encourages community engagement and will: a. Seek out and facilitate the involvement of those potentially affected by or interested in a decision; b. Seek input from participants in designing how they participate; c. Provide opportunities for those who are affected by a decision to be involved in the decision-making process; d. Provide participants with the information they need to participate in a meaningful way; 64 Page 99 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 e. Promote sustainable decisions by recognizing and communicating the needs and interests of all participants, including decision-makers; f. Provide opportunities for the public’s contribution to influence the decision; and g. Communicate the outcome of public engagement. 14.1.10 Support community participation in planning processes and encourage community engagement in a variety of volunteer organizations including the Advisory Planning Committee. ARTS AND CULTURE POLICIES 14.1.11 Electoral Areas “B” and “C” are home to a vibrant cultural community which contributes to the character of the area. This character can attract those seeking an alternative lifestyle, such as artists, entrepreneurs, young families and retirees. Acknowledging this as an asset to the ongoing cultural life of the community and as an important part of the areas economic development is essential. 14.1.12 Preserve arts and cultural resources as they are integral to a vibrant community. 14.1.13 Recognize that the development of new cultural facilities, services and programs contribute to community livability and desirability and to a diversified economy. 14.1.14 Encourage and support local art and cultural organizations and foster new opportunities for learning, participation in and appreciation of arts, culture and heritage for all residents of Areas “B” and “C”. 14.1.15 Encourage the use of community halls, spaces and venues for public participation, education and enjoyment of culture. 14.1.16 Encourage the development and promotion of cultural activities that generate valuable economic and social benefits through the employment of cultural workers, fostering new cultural based business, and tourism. 14.1.17 Encourage the development and promotion of cultural activities and facilities which contribute to the social, emotional and physical well being of residents of all ages and income levels. 14.1.18 Encourage and support cultural activities that promote the growth and development of community spirit and identity (e.g. BX Days). COMMUNITY HEALTH POLICIES 14.1.19 Recognize the importance of open spaces, parks, cultural and artistic events and recreational opportunities in enhancing the quality of life and health of residents. 65 Page 100 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 COMMUNITY SAFETY, POLICE AND FIRE PROTECTION POLICIES 14.1.20 Continue to recognize the plan area as a rural area where residents acknowledge and accept that beyond the BX and Swan Lake neighbourhood’s, fire protection services are not provided in the Westside, Commonage, or Cosens Bay areas. The Regional District will continue to provide emergency services throughout the plan area as part of a region-wide service delivery model. 14.1.21 Support and encourage the application of Fire Smart principles for existing and new development. 14.1.22 Continue to support and work closely with the RCMP and the Safe Communities Crime Prevention and Community Safety Coordinator. This may include the formation of additional citizen support groups such as Neighbourhood Watch through the Safe Communities Program, as a proactive step in the reduction of crime. 14.1.23 Collaborate with the Ministry of Forests Lands and Natural Resource Operations, the RCMP, Ministry of Environment, MoTI, community organizations, neighbours and other stakeholders to address issues related to personal safety and security in parks, and activities occurring on crown lands adjacent to Electoral Area “B” and “C” neighbourhoods. 66 Page 101 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 15.0 TRANSPORTATION POLICIES 15.1 TRANSPORTATION OBJECTIVES Highway 97 is the main highway corridor in the plan area. A network of secondary roads provides access to many of the settled areas within the Electoral Areas “B” and “C”. These roads were typically constructed to a rural standard to accommodate lower traffic volumes that are characterized by narrower travel lanes, ditches for storm water and they lack designated space for pedestrian or bicycle travel. Some of the local roads are in reasonable condition but many roads are minimally maintained and in certain areas surfaced with dirt or gravel. It is important to note that all roadways within our Electoral Areas are planned, approved and maintained by the Ministry of Transportation and Infrastructure. The Canadian National Railway branch line from Kelowna to Kamloops goes through part of the Community Plan area, as shown on Schedule ‘B’. This line is currently operating from Kamloops to Lumby, however; the section from Kelowna to Coldstream is no longer in operation. The Electoral Areas “B” and “C” OCP designates all rail corridors as transportation corridors in acknowledgement of past and current usage. In 2007, the Province of British Columbia passed the Climate Action Charter which commits all communities in the province to significantly reduce their greenhouse gas emissions by 2012. Reducing personal vehicle traffic through alternative forms of transportation is one of the key ways to meet this goal; however, it is difficult to implement these types of “urban” conservation strategies where there is a dispersed settlement pattern and limited public transit. The Regional District will continue to work with the Ministry of Transportation to encourage and accommodate for alternative modes of transportation within existing and future roadway networks. TRANSPORTATION POLICIES 15.1.1 New roads and major improvements to existing roads should be located so as to provide minimum disruption to agricultural users of these roads and adjoining farming operations. 15.1.2 Access via roads within Electoral Areas “B” & “C” to service development proposed within an adjacent jurisdiction is not supported in advance of access being provided from within the adjacent jurisdiction. 15.1.3 The function of Highways #6 and #97 as Provincial Highways serving inter-regional travel will be maintained with the designation of sufficient right-of-way width; by controlling 67 Page 102 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 access points; and by ensuring that development of adjacent land does not adversely affect the function of the highway. 15.1.4 Some Major Roads are recognized in the Plan area where the minimum right-of-way is established at 25 meters where direct access will be limited and extra building setbacks will be provided in the “Zoning Bylaw”. The existing Major Roads in the Plan area are as follows: a. Commonage Road b. Bailey Road c. Old Kamloops Road d. Pleasant Valley Road e. Silver Star Road f. L & A Road from Silver Star Road to Baker Hogg Road g. Francis Street to 39th Avenue h. Pottery Road i. 15th Street j. Sarsons Road 15.1.5 Where the Regional District is involved in planning for future roads and subdivisions or plans for improvements to existing roads, consideration will be given to the needs of public transit, school buses, pedestrian walkways and bicycle routes. 15.1.6 Where appropriate access to crown lands, lakes and watercourses should be provided when approving new subdivisions or rezoning land. 15.1.7 The Regional District requests the Ministry of Transportation and Infrastructure (MoTI) approving officer consider the needs of pedestrians and cyclists when approving subdivisions, the creation of new roads or upgrading existing roads. New road designs should accommodate for alternative transportation options with the addition of wider shoulders for pedestrian travel or a wider paved travel surface that can become a designated bicycle route. 15.1.8 The Regional District requests the Ministry of Transportation and Infrastructure (MoTI) approving officer participate in the acquisition and or dedication of linear trail corridors as outlined in Schedule G of this plan during subdivision approvals and or the creation of new roads and upgrading of existing roads. 15.1.9 The existing railways through the Plan area are hereby designated in this Plan for transportation uses only including a railway or other forms of public transportation; and it is policy of the Regional District that it is in the public interest to maintain these transportation routes as “transportation corridors” for the long-term and future amalgamation with these lands to adjacent property owners is not supported. 68 Page 103 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 16.0 DEVELOPMENT PERMIT AREAS 16.1 GENERAL Section 919 of the Local Government Act states that an Official Community Plan may designate Development Permit Areas for one or more of the following purposes: for the protection of the natural environment, protection of development from hazardous conditions, and/or to regulate the form and character of commercial, industrial, or multi-family residential development. There are 5 types of Development Permit Areas within the Community Plan area where development permits are required: • Riparian Development Permit Area; • Environmentally Sensitive Lands Development Permit Area; • Steep Slopes Development Permit Area; • Wildfire Interface Development Permit Area; and • Commercial, Industrial and Comprehensive Development Permit Area 16.1.1 Where land is subject to more than one Development Permit Area designation, a single development permit is required. The application will be subject to the requirements of all applicable Development Permit Areas, and any development permit issued will be in accordance with the guidelines of all such areas. 16.1.2 Where new information is received concerning areas that may be hazardous or where protection of the natural environment is justified, the Regional District will consider designation of these areas within a Development Permit Area. 16.2 RIPARIAN DEVELOPMENT PERMIT AREA Designation 16.2.1 The Riparian Development Permit Area (RDPA) is designated under Section 919.1(1)(a) of the Local Government Act. The primary objective of the Riparian Development Permit Area designation is to regulate development activities in watercourses and their riparian areas in order to preserve natural features, functions and conditions that support natural processes. 16.2.2 Unless a Development Permit exemption applies, development on lands within the “Riparian Assessment Area” (as defined in section 16.2.4) will require a Riparian Development Permit prior to any of the following activities: 69 Page 104 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 a. Issuance of a Building permit; b. Subdivision as defined in the Land Title Act and Strata Property Act; and c. Land alteration Area 16.2.3 The Regional District considers that Swan Lake, Goose Lake and Kalamalka Lake and all other watercourses are within the Riparian Development Permit Area. 16.2.4 The RDPA is consistent with the Riparian Assessment Area (Figure 7), as is defined under the Provincial Riparian Areas Regulation (RAR) as: a. For a stream, the 30 meter strip on both sides of the stream measured from the high water mark, b. For a ravine less than 60 meters wide, a strip on both sides of the stream measured from the high water mark to a point that is 30 meters beyond the top of the ravine bank (e.g. BX Creek); and c. For a ravine 60 meters wide or greater, a strip on both sides of the stream measured from the high water mark to a point that is 10 meters beyond the top of the ravine bank. High water mark is defined under RAR as the visible high water mark of a stream where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the stream a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself, and includes the active floodplain. Stream is defined under RAR as any of the following that provides fish habitat: a. a watercourse, whether it usually contains water or not; b. a pond, lake, river, creek or brook; c. a ditch, spring or wetland that is connected by surface flow to something referred to in paragraph a) or b). Ravine is defined under the RAR as a narrow, steep sided valley that is commonly eroded by running water and has a slope grade greater than 3:1. 70 Page 105 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Figure 7: Riparian Assessment Area: Source: British Columbia Ministry of Water, Land & Air Protection, Riparian Areas Regulation Implementation Guidebook, March 2005 Development Permit Submission Requirements 16.2.5 Riparian Development Permit Area Applications should include a detailed site plan that indicates: a. location of existing and proposed buildings and structures in relation to any sensitive area, watercourse, pond or lake on, or adjacent to the subject property and; b. location of existing and proposed driveways, parking areas and other impervious surface areas and how the storm water run-off will be managed, and; c. location of existing and proposed vehicular routes that cross watercourses, including details on culverts and bridges, or stream crossings; d. details on existing and proposed streamside vegetation; e. stormwater management systems and sediment control plans that will protect water quality and quantity; f. details on the proposed method of sewage disposal; and g. an assessment by a Qualified Environmental Professional (QEP) must be carried out in accordance with the Riparian Areas Regulation. The Regional District of North Okanagan requires notification from the Province that a Riparian Areas assessment report has been received, demonstrating that the proposed development meets the requirements of Section 4(2) or of Section 4(3) of the Riparian Areas Regulation. 71 Page 106 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Guidelines 16.2.6 Upon reviewing a Riparian Development Permit application the following guidelines will be considered: a. land within an identified Streamside Protection & Enhancement Area (SPEA) as determined by a QEP should be kept free of development with the exceptions of fencing, works and plantings to control erosion, protect banks, protect fisheries or otherwise preserve and enhance the natural water course and associated habitats; b. where appropriate, fencing of sensitive habitat to protect fish bearing watercourses from livestock or the public may be required as a condition of development approval; c. a Restrictive Covenant to ensure long term protection of vegetation along a natural watercourse, pond or lake may be required so that it will be maintained to provide shade for the water surface, bank stability, and wildlife or waterfowl habitat sufficient for species which frequent the area; d. a means of sewage disposal that does not discharge into a water body or watercourse shall be installed for all developments. e. where an on-site sewage disposal system is proposed within the Development Permit Area, the Regional District will require that the sewage disposal works be designed by a wastewater practitioner with consideration of the protection, by Covenant, of a separate back-up sewage drainfield area. Based upon the scale of development, proposed site alteration, topography, site coverage and extent of non permeable paving, the Regional District, may require a stormwater and surface drainage system be designed by an engineer; and Notwithstanding these engineering requirements, the Regional District may also request an independent appraisal of the subsurface soil conditions to review the suitability of the site to absorb effluent; f. for Commercial Zones the applicant must provide evidence that the filings required by the Sewerage System Regulation under the Public Health Act have been made, or that a holding tank permit has been issued under the Regulation and the proposed holding tank complies with Regional District of North Okanagan Holding Tank Sewage Disposal Bylaw No. 671, 1985 and amendments thereto, or that sewage will be disposed of in accordance with the Municipal Sewage Regulations under the Environmental Management Act. g. where an on-site sewage disposal system is proposed as part of a commercial development, a study of subsurface soil conditions may be required to be undertaken by a qualified professional to determine the suitability of the proposed system and septic tank, drainage and disposal fields or systems utilizing the irrigation of waste water shall be prohibited in areas containing unsuitable soil or groundwater which is subject to degradation; h. a storm water management system should be installed to control the quantity and quality of run-off from parking areas, internal roadways, and buildings, and these systems should be in accordance with recommendations of the QEP. i. commercial and industrial developments which entail the use of chemical products which could contaminate the natural environment shall provide means to control these products within an appropriate containment facility as approved by the authority having jurisdiction. 72 Page 107 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Exemptions 16.2.7 7 Notwithstanding the Policies of this Section and pursuant to Section 919.1 (4) of the Local Government Act, the following development proposals may not require Development Permits: a. the construction, alteration, addition, repair, demolition and maintenance of farm buildings, farm fences and normal farm practices as they are subject to the Farm Practices Protection (Right to Farm) Act; b. reconstruction, renovation or repair of a legal permanent structure that maintains the same footprint in accordance with provisions of the relevant section of the Local Government Act. Only if the existing footprint is expanded or moved and or land or vegetation is disturbed would a Riparian Development Permit be required; c. a proposed subdivision where a Riparian Area assessment report has been completed; or where 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 Assessment 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; d. clearing of land for cultivation, growing and harvesting of crops. However, the landowner should contact the appropriate agencies to ensure compliance with provincial and federal regulations; e. an area where the applicant can demonstrate that the guidelines of the Riparian Development Permit Area have already been satisfied, or a Development Permit for the same area has already been issued in the past and the conditions in the Development Permit have all been met, or the conditions addressed in the previous Development Permit will not be affected; or f. a letter is provided by a QEP confirming that there is no watercourse or riparian area as defined by the Riparian Areas Regulation; or g. Regional District of North Okanagan receives notification from the Ministry of Environment that an assessment report has been received, demonstrating that the proposed development meets the requirements of Section 4(2) or of Section 4(3) of the Riparian Area Regulations. 16.3 ENVIRONMENTALLY SENSITIVE LANDS DEVELOPMENT PERMIT AREA Designation 16.3.1 The Environmentally Sensitive Lands Development Permit Area is designated in accordance with Section 919.1(1) (a) of the Local Government Act for the protection of the natural environment, its ecosystems and biological diversity. The primary objective of the Environmentally Sensitive Lands Development Permit Area designation is to regulate development activities in areas of High and Very High conservation value (Schedule ‘C’) to protect rare and fragile terrestrial ecosystems and habitat for endangered species or native rare vegetation or wildlife. 73 Page 108 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 16.3.2 Unless a Development Permit exemption applies, development on lands of High or Very High conservation value, as identified in Schedule ‘C’, will require an Environmentally Sensitive Development Permit prior to any of the following activities: a. Issuance of a Building permit; b. Subdivision as defined in the Land Title Act and Strata Property Act; and c. Land alteration Area Electoral Areas “B” and “C” contain a wide range of important natural features and habitats, including lakes, riparian areas, wetlands, grasslands, rocky outcrops, steeply sloped hillsides and mountain areas, major streams and forested lands. These diverse areas support extensive plant and wildlife species, and are highly valued natural features of the community. The environmental resources of the community are identified in “Biodiversity Conservation Analysis for the North and Central Okanagan Region” (Catalys Consulting, 2013). That study provides an assessment of environmentally sensitive areas and identifies lands that have a High and Very High conservation value, which forms the basis of the Environmentally Sensitive Lands Development Permit Area designations of the OCP. The general location of these habitats and sensitive areas is indicated on Schedule ‘C’ (Environmentally Sensitive Lands Development Permit Areas). In addition the “Greater Vernon Natural Areas and Features Inventory” highlights specific features that require due regard for their significance when reviewing a land development proposal. These features are located in the general vicinity of: a. Pottery Road Ravines b. Black Rock c. East Vernon Road Wetland (seepage) near BX Ranch d. Portions of Bate and Brookside Creeks above Dixon Dam Road e. Wildwood Gully upslope from Hitchcock Road f. Abbott Creek Woodlands from Rogers Road eastward g. Cools Pond h. Herry Road Ravine east of Pleasant Valley Road i. Rose’s Pond j. Commonage Grasslands; particularly the slopes over looking the west shore of Kalamalka Lake; and k. Thompson Lake. These areas are subject to the guidelines for lands ranked as High and Very High as identified in Schedule ‘C’. 16.3.3 The Planning Department will provide a copy of the conservation rank mapping as it relates to the applicants property. All development permit applications should use available sensitive ecosystems inventories and other sources as a general guide, but site-specific field investigation may be required to determine the actual environmental values. 74 Page 109 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Development Permit Submission Requirements 16.3.4 Environmentally Sensitive Development Permit Area Applications should include a detailed site plan that indicates: a. location of existing and proposed buildings and structures in relation to any sensitive areas on or adjacent to the subject property (e.g. watercourse, pond, lake, vegetation stands, endangered / rare ecosystems, plant communities and wildlife habitats) and; b. location of existing and proposed driveways, parking areas and other impervious surface areas; and c. stormwater management systems and sediment control plans that will protect water quality and quantity ; and d. details on the proposed method of sewage disposal; and e. in areas of Very High conservation ranking, as identified on Schedule ‘C’, an assessment by a Qualified Environmental Professional (QEP) must be carried out in accordance with the Guidelines in Section 16.3.6. General Guidelines (High Conservation Ranking) 16.3.5 Environmentally Sensitive Lands Development Permit applications should be considered in accordance with the following guidelines: a. Development should be consistent with relevant provincial and federal legislation and regulations (Fisheries Act, Waste Management Act, and guidelines “Develop with Care: Environmental Guidelines for Urban and Rural Land Development in British Columbia”; ‘Wetland Ways: Interim Guidelines for Wetland Protection and Conservation in British Columbia 2009’; and ‘Designing and Implementing Ecosystem Connectivity in the Okanagan’). b. Site plans should minimize fragmentation of large forest or grassland patches through careful siting of roads, infrastructure and development. c. Developments and subdivisions should be designed to protect endangered, threatened, or vulnerable species and plant communities, including critical habitat such as a watercourse, pond, lake, vegetation stands, and wildlife habitats. d. Careful site planning should avoid disturbance of steep slopes, particularly those known to support sensitive plant or wildlife communities. e. In areas of High Conservation Ranking where the scope and scale of development or subdivision could have a significant impact (habitat destruction and or fragmentation) on the sensitive lands and features present, with an area of disturbance exceeding 500m2, an applicant may be required to supply an environmental impact assessment and/or habitat assessment, prepared by a Qualified Environmental Professional or person with similar qualifications and acting in their area of expertise, which inventories the existing environmentally sensitive feature(s) and assesses the environmental impact of the proposed development and prescribes appropriate recommendations for construction, mitigation and protection of habitat.. 75 Page 110 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Guidelines (Very High Conservation Ranking) 16.3.6 In areas not covered by Sensitive Ecosystem Inventory mapping, including Cosens Bay and the Westside, the Relative Biodiversity Mapping will be used in addition to the Conservation Ranking mapping for properties that fall within the Very High category to determine if a QEP report is required for the proposed development. Properties where both the Conservation Ranking and Relative Biodiversity correspond with very high rankings the Very High Guidelines will apply. Where the Relative Biodiversity ranking does not correspond with the Conservation Ranking the General Guidelines for the High Conservation Ranking (section 16.3.5) will apply. 16.3.7 In addition to the above noted guidelines in Section 16.3.5 lands that fall within the Very High Environmentally Sensitive Lands Development Permit Area are required to supply an environmental impact assessment and/or habitat assessment, prepared by a Qualified Environmental Professional. The QEP’s report shall consider the site-specific natural and environmentally sensitive features that support ecosystem function, natural geological processes, wildlife ecology, and unique ecosystems. These include, but are not limited to: a. Vegetation, trees, snags, root systems and wetlands; b. Rare, endangered and uncommon species and plant communities; c. Bird and other wildlife and their habitats, such as nesting and breeding areas; d. Maintenance of linkages with adjacent sensitive ecosystems to minimize fragmentation; e. Wildlife habitat, including but not limited to wildlife breeding areas as well as nesting and perch trees; f. Recommendation of an appropriate timing of construction to minimize disruption to ecological processes (e.g. periods of nesting and breeding) ; and, g. Maintenance of linkages with adjacent sensitive ecosystems to minimize fragmentation. 16.3.8 As a condition of the issuance of a development permit, the applicant may be required to comply with any or all conditions recommended in the report prepared by a Qualified Environmental Professional or other qualified professional. 16.3.9 In order to ensure that no additional encroachment occurs into the development permit area at the time of construction, permanent or temporary fencing measures may be required at the recommendation of the Qualified Environmental Professional or other qualified professional. 16.3.10 The applicant may be required to supply a sediment and erosion plan, and or a stormwater drainage plan complete with recommendations for implementation, prepared by a registered professional engineer or person with similar qualifications at the recommendation of the QEP or other qualified professional. 76 Page 111 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 16.3.11 Site design and development should be consistent with reports prepared in accordance with the guidelines of this and other DPAs. If development or alteration of land is proposed within the Development Permit Area, it shall be located where it will cause the least impact on environmentally sensitive features. Development shall only be supported in areas with environmentally sensitive features if the applicant can provide compelling reasons supported by a Qualified Environmental Professional’s recommendation. 16.3.12 A Section 219 covenant, prepared at the applicant’s expense and to the satisfaction of the Regional District, will be required to reflect the recommendations of the QEP report including specifying areas that must remain free from development and/or protecting an environmentally sensitive feature. Exemptions 16.3.13 Notwithstanding the Policies of this Section and pursuant to Section 919.1 (4) of the Local Government Act, the following development proposals may not require Development Permits: a. Development, upon submission to the Regional District of a written statement from a Qualified Environmental Professional confirming the absence of an environmentally sensitive ecosystem within the area that would be affected by the proposed work. The QEP must identify the methodology used which should be of the same or higher standard than that used in the development of the Conservation Ranking; or b. Subdivision of land where minimum parcel sizes are met, and it has been deemed that a sufficient building envelope, suitable building site and sewage disposal area can be provided outside of the Environmentally Sensitive Development Permit Area; or c. Reconstruction, renovation or repair of a legal permanent structure that maintains the same footprint in accordance with provisions of the relevant section of the Local Government Act; or d. Alterations or repairs to existing roads, paths or driveways, provided there is no further disturbance of land or vegetation; or e. Accessory residential or agricultural buildings with a total gross floor area of less than 55 m2 and meeting the setbacks of the Zoning Bylaw; or f. the construction, alteration, addition, repair, demolition and maintenance of farm buildings, farm fences and normal farm practices as they are subject to the Farm Practices Protection (Right to Farm) Act; 16.4 WILDFIRE INTERFACE –PROTECTION OF DEVELOPMENT FROM HAZARDOUS CONDITIONS Designation 16.4.1 The Wildfire Interface Development Permit Area is designated under Section 919.1(1)(b) of the Local Government Act. The primary objective of the Wildfire Interface Development Permit Area designation is to ensure that particular development and maintenance measures are implemented to protect persons and property from wildfire 77 Page 112 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 hazard, and to ensure that property owners are aware of the wildfire hazard. It is also important that ecosystem values are addressed in wildfire mitigation activities and not overlooked during the assessment and implementation of works. 16.4.2 Unless a Development Permit exemption applies, development on lands, as identified in Schedule ‘D’, will require a Wildfire Interface Development Permit prior to any of the following activities: a. Issuance of a Building permit; or b. Subdivision as defined in the Land Title Act and Strata Property Act. Area 16.4.3 The Okanagan has a naturally dry climate and Electoral Area “B” and “C” fall within the community interface of large forested areas. Wildfire will be an ever-present threat and therefore the areas shown on Schedule ‘D’ are designated as a development permit area for the protection of development from wildfire hazard. Development Permit Submission Requirements and General Guidelines 16.4.4 Development permit applications involving the construction of a building within the development permit area must include a site plan and building plan indicating compliance with the following guidelines, and it will be a condition of each development permit that the land be developed and maintained in accordance with the approved site plan and building plans: a. The area of the development parcel within 10 meters of any building under construction should be kept free of flammable construction materials and debris. b. The area of the development parcel within 10 meters of any building should be cleared and kept free of all fallen timber and other dead vegetation, and dead standing timber should be removed from that area. c. Trees on the development parcel within 10 meters of any building should be limbed to a height of 2 meters above ground level. d. Vegetation on the development parcel within 30 meters of any building should be thinned to reduce the overall tree crown cover to approximately 3 to 6 meters between crowns if the existing crown cover exceeds that amount. e. Roof coverings on every building must have a Class C fire resistance classification, determined in accordance with the B.C. Building Code. f. Developers of new subdivisions in wildfire interface areas should consider the integration of trails, roads and cleared park land around development which may serve as fire breaks, and/or provide vehicle access routes to facilitate fire suppression in interface areas. g. Building sites should be located on the flattest areas, avoiding gullies, saddles and draws that may accumulate fire fuel and funnel winds. h. Integration of a defensible space around a building should include adequate vehicle access, and access to a reliable water supply available to fire fighters. 78 Page 113 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 i. Eaves, attics, decks and openings under floors should be screened to prevent the accumulation of combustible material and to block the entry of burning embers (firebrands) that may be carried by the wind in advance of a wildfire. 16.4.5 Prior to the approval of any subdivision that would create four or more new lots within the Wildfire Interface Development Permit Area, a report prepared by a Registered Professional Forester shall be required that assesses the proposed development, and a. Provides recommendations that may form the basis of Development Permit conditions, to minimize the risk of wildfire hazard but are also congruent with Ecosystem Restoration Objectives and considers ecological values on the land or landscape specifically wildlife, soil conservation and riparian habitat; b. May recommend that a Section 219 Restrictive Covenant be registered under the Land Title Act against the tile for the subject property for all areas determined by the Registered Professional Forester to be a risk of wildfire. The covenant must incorporate the recommendations of the Registered Professional Forester and save harmless the Regional District of North Okanagan in the event that damage to property may occur as a result of a wildfire; or c. May conclude that the proposed development is not subject to significant wildfire hazard. 16.4.6 Each development permit issued to authorize the construction of a building in the development permit area shall bear a notation indicating that additional information on the protection of development from wildfire hazard conditions is available in the “Home Owners Fire Smart Manual” provided by the Forest Protection Branch of the BC Forest Service. Exemptions 16.4.7 Notwithstanding the Policies of this Section and pursuant to Section 919.1 (4) of the Local Government Act, the following development proposals may not require Development Permits: a. Subdivisions of 3 lots or less; b. Accessory residential or agricultural buildings with a total gross floor area of less than 55 m2; c. Additions to dwellings that are less than 10% of the existing total gross floor area of the dwelling. 16.5 COMMERCIAL, INDUSTRIAL AND COMPREHENSIVE DEVELOPMENT PERMIT AREA Designation 16.5.1 The Commercial, Industrial and Comprehensive Development Permit Area is designated under Section 919.1(1)(f) of the Local Government Act as an area for the establishment of objectives and the provision of guidelines for the form and character of commercial, industrial and comprehensive developments. 79 Page 114 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 16.5.2 The Regional District has the objective of maintaining the attractive rural setting and visual quality within Electoral Areas and to ensure that the form and character of commercial and industrial developments are appropriately integrated into this rural setting and coordinated with existing developments in these areas. 16.5.3 Unless a Development Permit exemption applies, all development on lands zoned Commercial, Industrial or Comprehensive will require a Development Permit prior to any of the following activities: a. Issuance of a Building permit; and b. Subdivision as defined in the Land Title Act and Strata Property Act. Area 16.5.4 All properties that are designated or become zoned for Commercial, Industrial and Comprehensive uses will require a Development Permit for form and character. Development Permit Submission Requirements 16.5.5 Commercial, Industrial and Comprehensive Development Permit Area Applications should include the following information: a. Site plan outlining the: i. Siting of buildings; ii. Location of parking areas; iii. Fencing, outside lighting, proposed signage iv. Proposed location of the septic disposal area; and v. Landscape plan (identifying plant & tree species and ground cover) indicating how the landscaping will co-ordinate with existing developments in the area and/or natural surroundings. b. Elevations of the proposed buildings: i. Highlighting the form and architectural details of the building; ii. Exterior design; and iii. Finish materials including the proposed earth tone colour scheme General Guidelines: Applicable to all properties zoned Commercial or Industrial 16.5.6 General principles of building siting and design are provided to help guide quality building standards appropriate to the plan area as follows: a. the massing of buildings should be variable in form and should be incorporated where practical, into smaller blocks; b. where more than one building is to be constructed on the site, the buildings should share common architectural features; c. exterior design and finish should incorporate products which complement the natural setting and include materials in earth tone colours that are characteristic of the region such as smooth face brick, stucco, stone, natural stained or painted wood, or some combination of the above; 80 Page 115 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 d. the form and character of development and landscaping should harmonize with the natural setting and any proposed development and landscaping should: i. include groups of large native tree species that will be used to stabilize graded areas; and e. retain significant existing vegetation to maintain the existing character of the area. This is especially important when development occurs adjacent to established rural and low density residential areas; where commercial or industrial properties border lands that are in the Agricultural Land Reserve a buffer of sufficient width should be provided between highway commercial uses and agricultural lands. The buffer must be landscaped but should not be incorporated into the overall land use activities. 16.5.7 New development must provide safe and efficient vehicle entrances, exits and site circulation minimizing conflicts between vehicular and pedestrian traffic. Vehicle parking should be encouraged at the rear or side of a building and should be broken into smaller groups, and the smaller groups should be separated with landscaping or natural vegetation while still maintaining sight distances for safe access and egress. Swan Lake Commercial Corridor Guidelines: Are to be considered in addition to the General Guidelines above 16.5.8 Locate and orientate appropriate site uses to take advantage of views of the lake and valley setting and maintain open sight lines between the highway and Swan Lake; 16.5.9 Encourage variety in the building form, architecture and uses of commercial sites; 16.5.10 Use site planning, building design and landscaping to: a. Reduce negative visual impacts of development, particularly as seen from Highway 97, Pleasant Valley Road and the Swan Lake area in general; and b. Preserve open space amenities that reflect the rural, natural and residential context of the area. Develop open space amenities that provide relief from expansive commercial development. c. Provide continuous pedestrian access and circulation along the length of the Swan Lake Corridor as identified in Schedule H. 16.5.11 Building frontages should face collector road, cross streets or the common parking/circulation space. 16.5.12 Encourage the arrangement of highway commercial uses in clusters. Cluster developments are characterized by shared driveways, common parking/circulation space and free-standing or shared buildings. 16.5.13 Discourage flat building facades. Encourage the use of projections, building “additions” and articulated rooflines, eaves, entrances, windows, walkways, stairwells, patios and public use areas. 81 Page 116 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 16.5.14 Discourage the location and arrangement of buildings with blank walls facing the lake and valley. SIGNAGE Guidelines for the use and development of signs in the Commercial, Industrial and Comprehensive Development Permit Area are provided due to the visual sensitivity of the area in general (e.g. Highway 97 corridor, Swan Lake, orchard slopes, entrance route to the City of Vernon). The following guidelines are provided to supplement the requirements of the Zoning Bylaw and are applicable to development and use of signs and signage in Electoral Areas “B” & “C”: 16.5.15 Signs should complement the architecture, material and finish of the building(s) they advertise. 16.5.16 The placement of private signage and use- or business-specific signage should be discouraged: a. On property other than that which the business or use is resident; b. Within the highway corridor; c. Within the railway corridor; d. Within or facing Pleasant Valley Road, unless the business or use fronts on Pleasant Valley Road; and e. On any lands designated rural or open space. 16.5.17 The development and use of the following shall be prohibited: a. Billboards; b. Roof-top signs; c. High-mast signs; d. Portable or wheel-mounts signs; e. Signs with temporal lettering capability (e.g. electric lights, magnetic, stick-on, and channel lettering), except within the Swan Lake Commercial Corridor; f. Encourage the development and placement of directional logo signage that serves all business and uses which share common land use designations. The intent is to raise the profile of an area and identify it as a destination where goods and services are available. Exemptions Commercial, Industrial and Comprehensive DP 16.5.18 Notwithstanding the Policies of this Section and pursuant to Section 919.1 (4) of the Local Government Act, and with approval from the General Manager of Planning and Building, the following development proposals may not require Development Permits: a. the erection of signs provided they conform to the requirements of the Ministry of Transportation and Infrastructure Sign Policy and the Regional District of North Okanagan Zoning Bylaw; b. minor additions to, or alterations of, 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; or 82 Page 117 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 c. interior renovations that do not affect the exterior of the building, the repair or replacement of roofing, or painting; d. 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. 83 Page 118 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 17.0 IMPLEMENTATION AND MONITORING 17.0.1 This Official Community Plan will be reviewed and updated as conditions warrant. 17.0.2 The Regional District considers that all policies in the Electoral Areas “B” and “C” Official Community Plan should be considered by the Approving Officer as conditions precedent to subdivision approval and matters to consider in the public interest. ZONING BYLAW, POLICIES AND OTHER REGULATIONS The Regional District “Holding Tank Bylaw” should be reviewed prior to approval of any rezoning or Development Permit application where a holding tank is being proposed and in this regard, specific reference is made to possible applications in the Swan Lake Commercial District. The Regional District Zoning Bylaw No.1888, 2003 should be reviewed in regards to the scope and scale of Home Occupation Use in Electoral Areas “B” and “C” and to ensure the Zoning Bylaw supports the arts; including studios and galleries. The Regional District will undertake a review of the Zoning Bylaw as it relates to the percentage of site coverage and pavement surfacing permitted on Commercial and Industrial lands in the Swan Lake Commercial District to ensure appropriate permeability of storm water runoff. The Regional District will amend the Zoning Bylaw as it relates to Section E 1401.5, 1401.6 Section F 1501.2.6 to ensure consistency with the revised Commercial, Industrial and Comprehensive Development Permit Area. The Regional District will undertake a Cosens Bay Local Area Planning Process to address unique challenges and constraints to development and sustainability of the area. It is recommended that this process be pursued within the short term (1-5 year). The Regional District with its municipal partners will investigate the development of an Annexation & Fringe Management Protocol Agreement. The Regional District will undertake a detailed planning exercise to identify and address the long term use of the Swan Lake Corridor as a regionally important employment land base. Areas to be addressed include: servicing; access; long term vision for the area; and environmental concerns. It is recommended that this process be pursued within the short term (1-5 year). The Regional District will consider the recommendations of the Regional Agricultural Area Plan as part of a future review of the policies of this Plan. 84 Page 119 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Appendix 1. Greenhouse Gas Emissions, Reduction Actions & Targets: Given the Rural nature of Electoral Areas “B” and “C” the options to reduce Greenhouse Gas emissions are limited compared to those identified for urban centers. Below is a list of the actions that have been identified as achievable and realistic for rural residents and businesses within the plan area. Electoral Area “B” and “C” Greenhouse Gas Reduction Actions Page 120 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 Based on the Greenhouse Gas (GHG) reduction options identified above and conservative projections on the level of up-take within each Electoral Area; the OCP has set forth the following GHG reduction Targets: “Reduce Electoral Area “B” greenhouse gas emissions by 20% from 2007 levels by 2020 and reduce Electoral Area “C” greenhouse gas emissions by 10% from 2007 levels by 2020”. The two figures below provide a breakdown on the Greenhouse Gas profiles for Electoral Areas “B” and “C”. As noted above each Electoral Area has the ability to pursue a variety of reduction actions. The level of uptake on the actions identified will vary within each Electoral Area, however, for the forecast; the same percentages of uptake were applied to each Electoral Area. The two figures below indicate that due to the difference in assumed growth rates and resulting total population, Electoral Area “C” will have to work harder to achieve greater reductions than Electoral Area “B” as the projected increase in population growth and resulting additional traffic limits Electoral Area “C” ability to experience the same level of reduction as projected for Electoral Area “B”. Electoral Area “B” GHG Profile and Forecast 2020 – 2030 Page 121 of 159 Electoral Area “C” Greenhouse Gas Profile and Forecast 2020 – 2030 Page 122 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE B (General Land Use) Page 123 of 159 SCHEDULE B1 (Commonage & Cosens Bay, General Land Use) Page 124 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE B2 (Swan Lake/BX, General Land Use) Page 125 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE B3 (Westside, General Land Use) Page 126 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE C (Environmentally Sensitive Lands DPA) Page 127 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE C1 (Commonage & Cosens Bay, Environmentally Sensitive Lands DPA) Page 128 of 159 SCHEDULE C2 (Swan Lake/BX, Environmentally Sensitive Lands DPA) Page 129 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE C3 (Westside, Environmentally Sensitive Lands DPA) Page 130 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE D (Wildfire Interface DPA) Page 131 of 159 SCHEDULE D1 (Commonage & Cosens Bay, Wildfire Interface DPA) Page 132 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE D2 (Swan Lake/BX, Wildfire Interface DPA) Page 133 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE D3 (Westside, Wildfire Interface DPA) Page 134 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE E (BX Trail) Page 135 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE F (Grey Canal Trail) Page 136 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE G (Ribbons of Green Trail Network) Page 137 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 SCHEDULE H (Swan Lake Corridor) Page 138 of 159 SCHEDULE I (Regional Growth Strategy, Plan Area Map) Page 139 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.2 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.3 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 13-0423-D-OR TO: Board of Directors FROM: Planning Department DATE: August 20, 2014 Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2638 and Rezoning Bylaw No. 2639 [Hornell c/o Shortt] SUBJECT: RECOMMENDATION: That Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2638, 2014 which proposes to change the land use designation of the property legally described as Lot 1, District Lot 3736, ODYD, Plan KAP59750 and located at 16 Birch Road, Electoral Area “D” from Non Urban to Small Holdings be given Second Reading and referred to Public Hearing; and further, That Rezoning Bylaw No. 2639, 2014 which proposes to rezone the property legally described as Lot 1, District Lot 3736, ODYD, Plan KAP59750 and located at 16 Birch Road, Electoral Area “D” from the Non-Urban (N.U) Zone to the Small Holdings (S.H) Zone be given Second Reading and referred to Public Hearing. BACKGROUND: This report relates to an application to change the Official Community Plan (OCP) land use designation and the zoning of the property located at 16 Birch Road from Non-Urban to Small Holdings. If approved, the applicant, together with the owner of the neighbouring property to the north, propose to subdivide the two properties to create three 1 ha lots (for a net increase of one additional lot). The neighbouring property to the north (located at 22 Ladyslipper Road) is currently zoned and designated Small Holdings. The application was considered by the Board of Directors at the Regular Meeting of June 18, 2014, at which time the Board resolved to support it in principle and directed staff to prepare an OCP Amendment Bylaw and Rezoning Bylaw for consideration of First Reading. The Board also resolved that a Public Hearing not be held until the applicant has held a Public Information Meeting in accordance with the Regional District’s Public Information Meeting Guide. Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2638 and Rezoning Bylaw No. 2639 were subsequently granted First Reading on July 16, 2014 and in accordance with the Local Government Act, was forwarded to affected agencies and First Nations for review and comment. Page 140 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.3 Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2638 and Rezoning Bylaw No. 2639 (Hornell c/o Shortt) Report to Board of Directors – August 20, 2014 Page 2 DISCUSSION: Public Information Meeting In follow-up to the Board’s direction and consistent with the RDNO Public Information Meeting Guide, the applicant held a Public Information Meeting at 7:00 p.m. on Wednesday, August 13, 2014 in the meeting room of the Whitevalley Recreation Centre located at 2250 Shields Avenue in Lumby, BC. Staff have reviewed the applicant’s submission dated August 19, 2014 that includes pictures of signage posted on the subject properties, proof of delivery of letters to residents within 100 m of the subject properties, copies of the newspaper advertisements and minutes of the meeting. In accordance with the Public Information Meeting Guidelines, ads were placed in the Lumby Valley Times on Friday, August 1, 2014 and Friday, August 8, 2014. One person attended the meeting. The minutes of the meeting reflect the owner provided an outline of the proposal to the attendee. No written comments were received at the meeting and the Regional District did not receive any comments regarding the proposal. The owner received seven phone calls from persons looking for more information regarding the proposal. No concerns were noted by the owners account of these conversations. Referral Comments In accordance with Section 879 of the Local Government Act, OCP Amendment Bylaw No. 2638, 2014 was forwarded to various agencies and First Nations, including the Okanagan Indian Band, Splatsin Nation, School District No. 22, the Agricultural Land Commission, and the Regional District Chief Financial Officer and Regional Engineering Services Manager. The referral response period has now passed and one comment was received in response to the proposal as follows: The ALC provided the following comment: This is to advise that the ALC has no objection to Bylaw 2638 on the grounds the ALR is not directly affected by the proposed subdivision. SUMMARY: This report relates to an application to change the Official Community Plan (OCP) land use designation and the zoning of the property located at 16 Birch Road from Non-Urban to Small Holdings. If approved, the applicant, together with the owner of the neighbouring property to the north, propose to subdivide the two properties to create three 1 ha lots (for a net increase of one additional lot). The neighbouring property to the north (located at 22 Ladyslipper Road) is currently zoned and designated Small Holdings. The applicant has hosted a Public Information Meeting in accordance with the Regional District Public Information Meeting Guidelines and has submitted information which demonstrates that the proposed development complies with the conditions of approval established by the Board of Directors. As the conditions that were required to be met have been satisfied, the Planning Department recommends that Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2638, 2014 and Rezoning Bylaw No. 2639, 2014 be given Second Reading and that the Bylaws be forwarded to a Public Hearing. Page 141 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.3 Page 142 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.3 ELECTORAL AREA "0" OCP/REZONING APPLICATION SUBJECT PROPERTY MAP 13-0423-D-OR David & Sheri Hornell c/o J. Shortt 16 Birch Road File: Applicant: Location: 2 REM 1 P23608 KAP72265 D.L. 54C 1 KAP72265 208 206 , i; /.' ~~---------~~~-+--~D~-~L~-~1~5~/_ / ~_ -~ 1.' .~ 1/ Page 143 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.3 Page 144 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.3 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2638 A bylaw to amend Electoral Areas "D" and "E" Official Community Plan Designation 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 Designation 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. 2638, 2014”. 2. The Official Community Plan marked Schedule “B”, attached to and forming part of the Electoral Areas "D" and "E" Official Community Plan Designation Bylaw No. 2485, 2011 and amendments thereto is amended by changing the land use designation of the property legally described as: Lot 1, District Lot 3736, ODYD, Plan KAP59750 and located at 16 Birch Road, Electoral Area “D” from Non Urban to Small Holdings. Read a First time this 16th day of July, 2014 Bylaw 2638 considered in conjunction with the Regional District Financial Plan and Waste Management Plan Read a Second time this day of , 2014 this day of , 2014 Page 145 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.3 Page 2 Bylaw No. 2638, 2014 Advertised on this day of , 2014, and this day of , 2014 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act on this day of , 2014 Read a THIRD Time this day of , 2014 ADOPTED this day of , 2014 Chair Corporate Officer Page 146 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.3 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2639 A bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to change a zone designation WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones; AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto; AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to a Zoning Bylaw and must consider every application for an amendment to the bylaw; AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008 and amendments thereto” to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit: AND WHEREAS the Board has received an application to rezone property; NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows: A. CITATION This Bylaw may be cited as the “Rezoning Bylaw No. 2639, 2014”. B. AMENDMENTS 1. That the property legally described as: Lot 1, District Lot 3736, ODYD, Plan KAP59750 and located at 16 Birch Road, Electoral Area “D” be rezoned from the Non Urban Zone [N.U] to the Small Holdings Zone [S.H]. 2. That the Zoning Map, being Schedule “A” to Zoning Bylaw No. 1888, 2003 be amended accordingly. Read a First Time this Read a Second Time Advertised on 16th day of July, 2014 this day of , 2014 this This day of day of , 2014 , 2014 Page 147 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item D.3 Page 2 Bylaw No. 2639, 2014 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act this day of , 2014 Read a Third Time this day of , 2014 ADOPTED this day of , 2014 Chair Corporate Officer Page 148 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item E.1 Page 149 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item E.1 Page 150 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item E.1 Page 151 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item E.1 Page 152 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item E.1 Page 153 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item E.2 Page 154 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item E.2 Page 155 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item E.2 Page 156 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item E.2 Page 157 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item G.1 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, August 14, 2014 Members: Staff: Director J. Cunningham Councillor G. Kiss Director R. Sawatzky Councillor M. Besso Director B. Fleming Director M. Macnabb Director M. O’Keefe City of Vernon District of Coldstream City of Vernon District of Coldstream Electoral Area "B" Electoral Area “C” City of Vernon D. Sewell Chief Administrative Officer Consultant, Regional District North Okanagan Community Development Coordinator Parks Planner Clerk – Engineering (taking minutes) J. Byron T. Nelson K. Pinkoski D. Douglas Also Present: K. Huhtala S. Lippa Alternate Director J. Garlick Director D. Dirk Director R. Fairbairn (Chair) (Vice Chair) Lead Cultural Planner, City Spaces Project Manager, City Spaces District of Coldstream District of Coldstream Electoral Area “D” (Board Vice-Chair) CALL MEETING TO ORDER The meeting was called to order at 8:04 a.m. APPROVAL OF AGENDA Greater Vernon Advisory Committee – Special – August 14, 2014 Moved and seconded by Director Macnabb & Councillor Besso That the Agenda of the August 14, 2014 Greater Vernon Advisory Committee Special meeting be approved as presented. CARRIED NEW BUSINESS Greater Vernon Cultural Plan – GVAC Workshop No.3 The Committee engaged in discussions in workshop format related to the Greater Vernon Cultural Plan. Page 158 of 159 BOARD of DIRECTORS - REGULAR AGENDA September 3, 2014 - Item G.1 Greater Vernon Advisory Committee Minutes – Special -2- August 14, 2014 ADJOURNMENT There being no further business, the meeting was adjourned at 10:22 a.m. CERTIFIED CORRECT Chair Deputy Corporate Officer Page 159 of 159
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