REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING Wednesday, May 21, 2014 4:00 p.m. REGULAR AGENDA A. APPROVAL OF AGENDA 1. Board of Directors – May 21, 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 May 21, 2014 regular meeting of the Board of Directors be approved as presented. B. ADOPTION OF MINUTES 1. Board of Directors – May 7, 2014 RECOMMENDATION 2 Page 1 (Unweighted Corporate Vote – Simple Majority) That the minutes of the May 7, 2014 meeting of the Board of Directors be adopted as circulated. C. DELEGATIONS 1. Agricultural Land Commission Application HATFIELD, A. and RICHARDS, K. [File No. 14-0095-F-ALR] [See Item E.4] D. UNFINISHED BUSINESS 1. Bylaw 2589 - Zoning Text Amendment [Agri-Tourism] − Bylaw 2589, 2013 RECOMMENDATION 3 Page 6 (Part 26 – Special Voting – Includes Electoral Areas Only) That as recommended by the Electoral Area Advisory Committee, Zoning Text Amendment Bylaw No. 2589, 2013, which proposes to include Agricultural Land Board of Directors Agenda – Regular -2- May 21, 2014 Commission (ALC) Agri-Tourism provisions into Zoning Bylaw No. 1888, 2003, be amended to include provisions which: 1. 2. 3. 4. Clarify the duration of stay; Prohibit the use of Park Model Recreation Vehicles in Agri-Tourism Campsites; Allow kitchen facilities in Agri-Tourism Cabins; Allow Agri-Tourism Accommodation in Electoral Area “B” within the ‘Westside’ boundary; 5. Allow Agri-Tourism Accommodation in all of Electoral Area “F”; 6. Clarify the minimum lot size requirements for Bed and Breakfast Use; and, 7. Clarify the requirements for Agri-Tourism Campsites; and further, That Zoning Text Amendment Bylaw No. 2589, 2013, be amended as follows: 1. Amend Section B.1, definition of “Agri-Tourism Accommodation” to include the phrase as follows: “Use of campsites and cabins for Agri-Tourism Accommodation must be seasonal as defined by this bylaw”; 2. Amend Section B.1, definition of “Agri-Tourism Campsite” to include the phrase as follows: “Park Model Recreation Vehicles are not permitted to be used within Agri-Tourism Campsites”; 3. Amend Section B.1, definition of “Agri-Tourism Cabin” be amended to exclude the phrase: “to contain a kitchen or”; 4. Amend Section B.3, by removing the phrase “within the Kingfisher Local Area Plan boundary of Electoral Area “F” as shown on Schedule “I” of this bylaw.”; 5. Amend Section B.3, by adding the phrase “within the ‘Westside’ Boundary of Electoral Area “B” as shown on Schedule “I” of this bylaw”; 6. Amend Section B.3 by replacing Section 301.3.c.i with the following: “Agri-Tourism Campsite and Cabin units are not permitted on less than 4 ha, and no more than five (5) Agri-Tourism Accommodation units are permitted on parcels 4 ha up to 8 ha, and no more than ten (10) Agri-Tourism Accommodation units are permitted on parcels 8 ha and greater.”; 7. Replace Section B.5 with the following: Add Division Eighteen – Schedule “I” – Westside Area Boundary for Agri-Tourism Accommodation attached to this Bylaw as Schedule “A”; 8. Replace Section B.6 with the following: Amend Division One, Section 102 – Schedules by adding Schedule “I” – Westside Area Boundary for Agri-Tourism Accommodation; and further, That Zoning Text Amendment Bylaw No. 2589, 2013, be amended to include the following: 1. Amend Division Thirteen – Campground Regulations – Schedule “D” of Zoning Bylaw No. 1888, 2003 by adding the following to 1301.1 Application: d. The provisions of this Schedule do not apply to Agri-Tourism Campsites with the exception of the following Sections: i. ii. iii. iv. 1301.12 – Camping Sites 1301.21 – Water Supply 1301.22 – Sewerage Disposal 1301.26 – Garbage Disposal; and further, That Zoning Text Amendment Bylaw No. 2589, 2013 be given Second Reading, as amended, and be referred to Public Hearing. Board of Directors Agenda – Regular -3- May 21, 2014 2. Central Okanagan Regional Growth Strategy Bylaw 1336, 2013 − Staff report dated May 5, 2014 RECOMMENDATION 4 Page 10 (Unweighted Corporate Vote – Simple Majority) That Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013, as amended, be accepted by the Regional District of North Okanagan. E. NEW BUSINESS 1. Bylaw 2543 – Greater Vernon Water Service Establishment Amendment [Schon Springs] − Bylaw 2543, 2014 RECOMMENDATION 5 Page 65 (Unweighted Corporate Vote – Simple Majority) That as recommended by the Greater Vernon Advisory Committee, Greater Vernon Water Service Establishment Bylaw Amendment No. 2543, 2014 (Schon Springs) be given First, Second and Third Readings and forwarded for consent of the participants; and further, Following receipt of 2/3 consent pursuant to Section 802.(1)(b) of the Local Government Act, Greater Vernon Water Service Establishment Bylaw Amendment No. 2543, 2014 (Schon Springs) be referred to the Inspector of Municipalities for Statutory Approval. 2. Bylaw 2628 – Greater Vernon Water Phase 1 Master Water Plan Projects Voting Question − Staff report dated April 29, 2014 − Bylaw 2628, 2014 RECOMMENDATION 6 Page 66 (Customized Stakeholder Vote – Includes Coldstream, Vernon and Electoral Areas “B” and “C”) That as recommended by the Greater Vernon Advisory Committee, Greater Vernon Water Phase 1 Master Water Plan Projects Voting Question Bylaw No. 2628, 2014 be given First, Second and Third Readings. RECOMMENDATION 7 (Customized Stakeholder Vote – Includes Coldstream, Vernon and Electoral Areas “B” and “C” – 2/3 Majority) That as recommended by the Greater Vernon Advisory Committee, Greater Vernon Water Phase 1 Master Water Plan Projects Voting Question Bylaw No. 2628, 2014 be Adopted. Board of Directors Agenda – Regular -4- May 21, 2014 3. Bylaw 2629 – Greater Vernon Water Phase 1 Master Water Plan Projects Loan Authorization − Staff report dated April 29, 2014 − Bylaw 2629, 2014 RECOMMENDATION 8 Page 66 (Weighted Corporate Vote – Simple Majority) That as recommended by the Greater Vernon Advisory Committee, Greater Vernon Water Phase 1 Master Water Plan Loan Authorization Bylaw 2629, 2014 be given First, Second and Third Readings; and further, That Greater Vernon Water Phase 1 Master Water Plan Loan Authorization Bylaw 2629, 2014 be referred to the Inspector of Municipalities for Statutory Approval. 4. Agricultural Land Commission Application HATFIELD, A. and RICHARDS, K. [File No. 14-0095-F-ALR] − Staff report dated April 28, 2014 RECOMMENDATION 9 Page 74 (Unweighted Corporate Vote – Simple Majority) That as recommended by the Electoral Area Advisory Committee, the application under Section 17(3) of the Agricultural Land Commission Act to include into the Agricultural Land Reserve the non-ALR portion of the property legally described as That Part NW ¼, Sec 27, Lying to the West of the Right Bank of the Shuswap River as Shown on Plan B17102, Twp 18, R7, W6M, KDYD, Except Plan 34054 and located at 1866 Enderby Mabel Lake Road be authorized for submission to the Agricultural Land Commission. 5. Development Variance Permit Application MABEL LAKE HOLIDAY CENTRE LTD. c/o T. Laursen [File No. 14-0010-F-DVP] RECOMMENDATION 10 (Part 26 – Special Voting – Includes Electoral Areas Only) That as recommended by the Electoral Area Advisory Committee, a Development Variance Permit be issued for the property legally described as Lot B, DL 2415, ODYD and Sec 14, Twp 19, R6 W6M, KDYD, Plan KAP45947 and located at 3501 Enderby Mabel Lake Road, Electoral Area “F” to allow a variance to Sections 1101.2.e.iii.c and 1101.2.f of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by waiving the requirement to pave and curb a commercial parking area subject to: 1) The dimensions and siting of the parking area on the land be in general accordance with the site plans attached to the Planning Department report dated April 16, 2014; 2) The parking area be provided with directional signs to provide traffic control, graded to provide an even surface, drained so that no surface water accumulates on the property or runs off onto neighbouring properties, kept free of weeds, and be sufficiently gravelled and treated to suppress dust; Board of Directors Agenda – Regular -5- May 21, 2014 3) A landscaping screen consisting of no less than a compact evergreen hedge not less than 2 m in height be provided along the north and west side of the parking area; and 4) A Section 219 Restrictive Covenant being registered on the title of the subject property to restrict the use of the parking lot in conjunction with the proposed 260 slip marina located at the end of Large Road (Lease 346844). 6. Development Permit with Variances Application GIESBRECHT, A. and N. [File No. 14-0080-F-DP / 14-0081-F-DVP] RECOMMENDATION 11 (Part 26 – Special Voting – Includes Electoral Areas Only) That as recommended by the Electoral Area Advisory Committee, a Development Permit with Variances be issued for the property legally described as Parcel A (KP86723) Blk 9, DL 526, KDYD, Plan 592 and located at 135 3rd Avenue, Electoral Area “F” to allow variances to the following Sections of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003: 1) Section 1101.2.f by waiving the requirement to provide curbing on the west side of the parking and loading areas located on the subject property; 2) Section 1501.2.a.iii by waiving the requirement to provide a landscaped buffer along the west side of the subject property which fronts 3rd Avenue and is not used for driveway access purposes; 3) Section 501.9.c by reducing the rear yard setback of a building from 7.5 m to 5.66 m; 4) Section 1101.3 by reducing the required number of commercial off-street parking spaces from 16 to 10; and further, That a Development Permit with Variances be issued for the property legally described as Parcel A (KP86723) Blk 9, DL 526, KDYD, Plan 592 and located at 135 3rd Avenue, Electoral Area “F” subject to the following: 1) the dimensions and siting of the building addition and parking and loading area to be constructed on the land be in general accordance with the site plan attached to the Planning Department report dated April 17, 2014. A total of ten (10) angled parking stalls are to be provided on the north side of the existing building. Access to the parking stalls is to be gained from 3rd Avenue via a six (6) m wide driveway aisle. One (1) loading area is to be provided on the west side of the existing building. Access to the loading area is to be gained via the above noted driveway aisle; 2) the form and character of the building addition to be constructed on the land be in general accordance with the building elevations attached to the Planning Department report dated April 17, 2014. With the exception of the south facing wall, the exterior of the building is to be clad with painted metal siding; 3) cement or timber curbs be placed around the parking and loading areas (excluding along 3rd Avenue); Board of Directors Agenda – Regular -6- May 21, 2014 4) a 2 m wide landscape buffer be provided between the east and south sides of the subject property and the adjacent residential zoned properties; 5) prior to issuance of a Building Permit, a Section 219 Restrictive Covenant be registered on the title of the subject property to require that all construction meet the Floodplain Setbacks and Flood Construction Levels of the Shuswap River and to save harmless the Regional District from losses or damages that may be caused due to flooding. 7. Development Variance Permit Application TEALE, D. and D. [File No. 14-0078-C-DVP] RECOMMENDATION 12 (Part 26 – Special Voting – Includes Electoral Areas Only) That as recommended by the Electoral Area Advisory Committee, a Development Variance Permit be issued for the property legally described as Lot 28, Sec 35, Twp 9, ODYD, Plan 291 Except Plans H14932 and 34140 and located at 940 Pottery Road, Electoral Area “C” to permit a variance to Section 802.9.e of the Regional District of North Okanagan Zoning Bylaw 1888, 2003 by reducing the side yard setback of a two family dwelling from 4.5 m to 3.15 m as shown on the site plan and building elevations attached to the Planning Department report dated April 22, 2014. 8. Waiver of Lot Frontage BOUFFARD, G. and BECKER, D. c/o W.E. Maddox [File No. 14-0054-E-WVR] RECOMMENDATION 13 (Part 26 – Special Voting – Includes Electoral Areas Only) That as recommended by the Electoral Area Advisory Committee, the 10% minimum frontage requirement of Section 803.7 of the RDNO Zoning Bylaw No. 1888, 2003 be waived for the properties legally described as Lot 1, DL 3512, ODYD, Plan 28769 AND Lot 1, DL 3512, ODYD, Plan 24597 and located at 1022 and 940 Sugar Lake Road, Electoral Area “E” by reducing the lot frontage of proposed Lot 1 from approximately 146 m to 20 m as shown on the site plan attached to the Planning Department report dated April 24, 2014. 9. Riparian Areas Regulations – Report from the Ombudsperson − Executive Summary dated March 2014 RECOMMENDATION 14 Page 82 (Unweighted Corporate Vote – Simple Majority) That as recommended by the Electoral Area Advisory Committee, the report from the Ombudsperson regarding riparian area regulations be sent to the Auditor General for Local Government for comment on “value for money” with respect to the regulation. Board of Directors Agenda – Regular -7- May 21, 2014 10. Non-Commercial Blasting RECOMMENDATION 15 (Unweighted Corporate Vote – Simple Majority) That as recommended by the Electoral Area Advisory Committee, a letter be written to B.C. Mineral Exploration and Mining (MEM) seeking advice regarding oversight and liabilities associated with non-commercial blasting. 11. Private Unmetered Fire Hydrant – 7961 Buchanan Road RECOMMENDATION 16 (Customized Stakeholder Vote – Includes Coldstream, Vernon and Electoral Areas “B” and “C”) That as recommended by the Greater Vernon Advisory Committee, staff be directed to report back to the Greater Vernon Advisory Committee on the number of private hydrants that exist and the breakdown of costs. 12. Duteau Creek Watershed Assessment Response Plan RECOMMENDATION 17 (Customized Stakeholder Vote – Includes Coldstream, Vernon and Electoral Areas “B” and “C”) That as recommended by the Greater Vernon Advisory Committee, the Duteau Creek Watershed Assessment Response Plan 2014 attached to the report dated April 22, 2014 regarding Duteau Creek Watershed Assessment Response Plan be endorsed; and further, That the Duteau Creek Watershed Assessment Response Plan 2014 be forwarded to Interior Health for final endorsement. 13. Urban Development Institute Letter RECOMMENDATION 18 (Customized Stakeholder Vote – Includes Coldstream, Vernon and Electoral Areas “B” and “C”) That as recommended by the Greater Vernon Advisory Committee, a letter be sent to the Interior Health Authority and other recipients expressing similar opinions to those raised by the Urban Development Institute in their letter dated April 17, 2014. 14. Capital Works – Greater Vernon Water Operations and Maintenance Contract RECOMMENDATION 19 (Customized Stakeholder Vote – Includes Coldstream, Vernon and Electoral Areas “B” and “C”) That as recommended by the Greater Vernon Advisory Committee, Protocol No. ENG-GVW-OP 09 – Capital Works Projects and Planning be circulated for review and discussion between the jurisdictions; and further, Board of Directors Agenda – Regular -8- May 21, 2014 That staff report back on overhead costs for capital works completed within jurisdictional boundaries. 15. White Valley Parks, Recreation and Culture Social Media Policy WVPRC-006 RECOMMENDATION 20 (Weighted Stakeholder Vote – Includes Lumby and Electoral Areas “D” and “E”) That as recommended by the White Valley Parks, Recreation and Culture Advisory Committee, WVPRC-006 White Valley Parks, Recreation and Culture Social Media Policy, be approved; and further, That staff be directed to review the use of social media within the White Valley Parks, Recreation and Culture service by September 2014 in context of the WVPRC-006 White Valley Parks, Recreation and Culture Social Media Policy, and provide recommendations for consideration during the 2015 budget deliberations. F. BUSINESS ARISING FROM DELEGATIONS G. REPORTS 1. Standing and Select Committees RECOMMENDATION 21 Page 92 (Unweighted Corporate Vote – Simple Majority) That the minutes of the following meetings be received for information: − Electoral Area Advisory Committee – Regular – May 8, 2014 (unadopted) − Greater Vernon Advisory Committee – Regular – May 8, 2014 (unadopted) 2. External Committee Reports 3. Administrator’s Report 4. Chair’s Report H. IN CAMERA RECOMMENDATION 22 (Unweighted Corporate Vote – Simple Majority) That, pursuant to Section 92 of the Community Charter, the regular meeting of the Board of Directors convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(e) and (k) of the Community Charter. Board of Directors Agenda – Regular I. REPORT FROM IN CAMERA J. ADJOURNMENT -9- May 21, 2014 BOARD of DIRECTORS - REGULAR AGENDA May 21, 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, May 7, 2014. Members: Director R. Fairbairn Director S. Fowler Director D. Dirk Alt. Director E. Shipmaker Director K. Acton Director J. Brown Alt. Director B. Spiers 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: General Manager, Planning and Building (Acting Administrator) General Manager, Finance General Manager, Electoral Area Administration General Manager, Engineering Corporate Officer / Human Resources Manager Community Development Coordinator Community / Protective Services Manager Temp. Senior Clerk (taking minutes) R. Smailes D. Sewell L. Mellott D. McTaggart J. Byron T. Nelson R. Baker L. Schrauwen Also Present: Alt. Director S. Ghattas Alt. Director J. Garlick Councilor G. Kiss Councilor M. Besso K. Bertles Media and Public Vice Chair Electoral Area “B” District of Coldstream District of Coldstream District of Coldstream Director, Financial Services, City of Vernon CALL MEETING TO ORDER The meeting was called to order at 4:00 p.m. APPROVAL OF AGENDA Board of Directors – May 7, 2014 Moved and seconded by Directors O’Keefe and Macnabb That the Agenda of the May 7, 2014 regular meeting of the Board of Directors be approved with the following additions: – Item C.1 – Delegation – Terry Laursen, Mabel Lake Resort, Cooke Creek Incident – Item E.8 – Cooke Creek [Kingfisher] Update CARRIED Page 1 of 104 Board of Directors Minutes – Regular -2- BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item B.1 May 7, 2014 ADOPTION OF MINUTES Board of Directors – April 16, 2014 Moved and seconded by Directors Acton and Fowler That the minutes of the April 16, 2014 meeting of the Board of Directors be adopted with the following correction: – Logging License Review resolution: moved and seconded by Directors “Foisy and Cunningham” CARRIED Public Hearing [Bylaw 2619] – April 16, 2014 Moved and seconded by Directors Acton and Fleming That the minutes of the April 16, 2014 Public Hearing [Bylaw 2619] of the Board of Directors be adopted as circulated. CARRIED DELEGATIONS Cooke Creek [Kingfisher] Incident Terry Laursen, owner and resident, Mabel Lake Resort, provided an overview of the Cooke Creek incident, that occurred on May 2, 2014, from the point of view of the residents that were isolated on the other side of the washed out section of Mabel Lake Road. Terry Laursen acknowledged Regional District of North Okanagan staff and the various agencies that were involved in assisting the residents including having utilities restored and obtaining necessary supplies in a timely manner. UNFINISHED BUSINESS Bylaw 2592 – Zoning Text Amendment [Secondary Suites] Moved and seconded by Directors Macnabb and Fleming That Zoning Text Amendment Bylaw No. 2592, 2013 which proposes to amend the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to permit secondary suites within single family dwellings on parcels in the Small Holding (S.H), Country Residential (C.R), NonUrban (N.U), and Large Holding (L.H) zones be given Second Reading and be referred to a Public Hearing. CARRIED Greater Vernon Parks and Recreation – Restructure Bylaws Moved and seconded by Directors Dirk and Cunningham That First, Second and Third Readings of Electoral Areas "B" and "C" Community Parks Service Establishment Amendment Bylaw No. 2599, 2013 be rescinded. CARRIED Page 2 of 104 Board of Directors Minutes – Regular -3- BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item B.1 May 7, 2014 Moved and seconded by Directors Dirk and Cunningham That First, Second and Third Readings of Greater Vernon Parks, Recreation and Culture Service Conversion and Service Establishment Amendment Bylaw No. 2602, 2013 be rescinded. CARRIED Moved and seconded by Directors Dirk and Cunningham That First, Second and Third Readings of Disposition of DCC Park Lands to City of Vernon Bylaw No. 2604, 2013 be rescinded. CARRIED Moved and seconded by Directors Dirk and Cunningham That First, Second and Third Readings of Greater Vernon Parks, Recreation and Culture Service Development Cost Charge Amendment Bylaw No. 2605, 2013 be rescinded. CARRIED NEW BUSINESS Electoral Areas "B" and "C" Official Community Plan Regional Context Statement Moved and seconded by Directors Acton and Fleming That the Electoral Areas “B” and “C” Official Community Plan Regional Context Statement be endorsed as consistent with the Regional Growth Strategy. CARRIED Bill 24 – 2014 Agricultural Land Commission Amendment Act Moved and seconded by Directors Cunningham and Lord That staff be directed to contact the Ministry of Agriculture and the Agricultural Land Commission with the concerns that have been raised regarding Bill 24 – 2014 Agricultural Land Commission Amendment Act, specifically the delegation of decision-making powers to local panels and the lack of financial and political support of the Agricultural Land Commission; and other challenges to local agriculture, specifically the lack of Provincial support for agriculture and the ongoing impact of meat inspection regulations on smaller producers. CARRIED Free Transit for National Clean Air Day, June 4, 2014, during Canadian Environment Week Moved and seconded by Directors Acton and Brown That the Board of Directors support the provision of free North Okanagan and University of British Columbia Okanagan (UBCO) Connector Transit service on route numbers 60 and 61 on National Clean Air Day, Wednesday, June 4, 2014, during Canadian Environment Week. CARRIED Moved and seconded by Directors Cunningham and Lord That the Board of Directors support the provision of free North Okanagan and University of British Columbia Okanagan (UBCO) Connector Transit service on route number 90 on National Clean Air Day, Wednesday, June 4, 2014, during Canadian Environment Week. CARRIED Page 3 of 104 Board of Directors Minutes – Regular -4- BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item B.1 May 7, 2014 Pat Duke Arena Dehumidifier Noise Abatement Moved and seconded by Directors Acton and Foisy That staff proceed with the installation of a ducting modification to the desiccant dehumidification system of the Pat Duke Arena for noise abatement purposes, contingent upon gas inspector approval; and further, That an additional $1,700 for the Pat Duke Arena sound abatement project be approved in the 2014 Financial Plan, with funds to come from reserves. CARRIED Cherryville Community Club – Preschool Window Replacement Moved and seconded by Directors Foisy and Acton That staff be directed to work with the Cherryville Community Club to identify grant funding available to replace windows in the preschool room at the Cherryville Community Hall. CARRIED 2013 Financial Statements – Regional District of North Okanagan Moved and seconded by Directors Dirk and Fowler That the 2013 Financial Statements be approved. CARRIED Sterile Insect Release Board – Nomination of Industry Representative Moved and seconded by Directors Macnabb and Fowler That the Regional District of North Okanagan support the nomination of local grower, David Dobernigg, as an Industry Representative for Zone three (3) of the Sterile Insect Release Board. CARRIED Cooke Creek [Kingfisher] Update The Community / Protective Services Manager and the General Manager, Planning and Building provided an update of the Cooke Creek incident that occurred on May 2, 2014. REPORTS Standing and Select Committees Moved and seconded by Directors Dirk and Lord That the minutes of the following meetings be received for information: − Greater Vernon Advisory Committee – Special – April 24, 2014 (unadopted) − Regional Growth Management Advisory Committee – Regular – April 16, 2014 (unadopted) − White Valley Parks, Recreation and Culture Advisory Committee – Regular – April 14, 2014 (unadopted) CARRIED Page 4 of 104 Board of Directors Minutes – Regular -5- BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item B.1 May 7, 2014 External Committee Reports Directors provided updates for the following external committees: − Southern Interior Beetle Action Coalition (SIBAC) − Okanagan Basin Water Board (OBWB) − Southern Interior Local Government Association (SILGA) − Okanagan Regional Library (ORL) Chair’s Report − − Attended Jean Minguy Youth Academy Ceremony Royal Bank Cup (RBC Cup) commences Saturday, May 10, 2014 IN CAMERA Moved and seconded by Directors Lord and O’Keefe That, pursuant to Section 92 of the Community Charter, the regular meeting of the Board of Directors convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(c) and (k) of the Community Charter. CARRIED The regular meeting of the Board of Directors adjourned to meet In Camera at 5:35 p.m. The regular meeting of the Board of Directors reconvened at 7:00 p.m. REPORT FROM IN CAMERA Joint Job Evaluation Plan (JJEP) That the Joint Job Evaluation Plan (JJEP) project, as set out in the Memorandum of Understanding forming part of the 2011 Staff Terms of Employment Agreement, be concluded. ADJOURNMENT There being no further business, the meeting was adjourned at 7:01 p.m. CERTIFIED CORRECT Vice Chair Rick Fairbairn Corporate Officer Jeanne Byron Page 5 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.1 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2589 A bylaw to amend the text of Zoning Bylaw No. 1888, 2003 to include agri-tourism provisions of the Agricultural Land Commission Act 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 is desirous to amend the Zoning Bylaw to allow for Agri-Tourism provisions of the Agricultural Land Commission Act; NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows: A. CITATION This Bylaw may be cited as the “Zoning Bylaw Text Amendment No. 2589, 2013”. B. AMENDMENTS 1. Amend Division Two – Interpretation by adding the following definitions: “Agri-Tourism” means any agri-tourism activity defined under the Agricultural Land Commission Act and related regulation or policy, as amended form time to time. “Agri-Tourism Accommodation” means accommodation for short term rental to the traveling public on an operating farm or ranch, which is accessory to and related to, the principle farm use of the parcel. Typical uses include but are not limited to Bed and Breakfast, Agri-Tourism Campsites and Agri-Tourism Cabins. The maximum length of stay shall not exceed 30 days of accommodation of any one person during a calendar year. Page 6 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.1 Page 2 “Agri-Tourism Accommodation Unit” means one (1) campsite, one (1) sleeping unit within an Agri-Tourism Cabin, or one (1) bedroom within a dwelling used for Bed and Breakfast purposes. “Agri-Tourism Campsite” means an area that may be occupied by no more than one (1) tent, holiday trailer, motor home, camper, or similar recreational vehicles for the accommodation of agricultural tourists. Campsite space(s) shall be clearly identified by a unique number of similar designations and shall not be used for year round storage. “Agri-Tourism Cabin” means a detached building used for the accommodation of agricultural tourists. The maximum gross floor area per tourist cabin shall not exceed 30m2, not including attached washroom facilities. An Agri-Tourism Cabin is not permitted to contain a kitchen or to be used as a residence or dwelling. 2. Amend Division Three – Basic Provisions, Section 301 of Zoning Bylaw No. 1888, 2003 by removing Section 301.1.a. 3. Amend Division Three – Basic Provisions, Section 301 of Zoning Bylaw No. 1888, 2003 by adding Section 301.3 as follows: Notwithstanding the provisions of this bylaw, Agri-Tourism Accommodation is permitted within Regional District Electoral Areas “D” and “E” and within the Kingfisher Local Area Plan boundary of Electoral Area “F” as shown on Schedule “I” of this bylaw. 3. Agri-Tourism Accommodation is subject to the following regulations: a. Agri-Tourism Accommodation use must be accessory to the principle use. b. All or part of the parcel on which the accommodation is located is classified as ‘farm’ by the BC Assessment Authority. c. Agri-Tourism Accommodation units are not permitted on less than 4 ha, and no more than five (5) units are permitted on parcels 4 ha up to 8 ha, and no more than ten (10) units are permitted on parcels 8 ha and greater. d. Agricultural Land Commission approval Accommodation with more than 10 units. is required for Agri-Tourism e. The total developed area for buildings, landscaping and access for the accommodation is less than 5% of the parcel. f. No one person shall stay within an Agri-Tourism Accommodation Unit for more than thirty (30) days in one (1) Calendar year. 4. Amend Division Eleven – Off-Street Parking – Schedule “B” of Zoning Bylaw No. 1888, 2003 by adding the following to 1101.3 Schedule of Parking Requirements in alphabetical order: Agri-Tourism Accommodation 1 per sleeping unit 5. Add Division Eighteen – Schedule “I” - Kingfisher Local Area Plan Boundary for AgriTourism Accommodation attached to this Bylaw as Schedule “A”. Page 7 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.1 Page 3 6. Amend Division One, Section 102 – Schedules by adding Schedule I - Kingfisher Local Area Plan Boundary for Tourism Accommodation. Read a First and Second Time this Advertised on this This day of day of , 2013 , 2013 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act this day of , 2013 Read a Third Time this day of , 2013 Approved by Minister of Transportation and Infrastructure (Transportation Act s. 52(3)) this day of , 2013 ADOPTED this day of , 2013 Chair 11 day of December , 2013 Corporate Officer Page 8 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.1 DIVISION EIGHTEEN – KINGFISHER LOCAL AREA PLAN BOUNDARY FOR AGRI-TOURISM ACCOMMODATION I Schedule “A” Attached to and forming part of Zoning Bylaw Text Amendment No. 2589, 2013 day of , 2013 Dated at Coldstream, BC, this Corporate Officer Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 Page 9 of 104 I1 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: 3045.12.00 TO: Board of Directors FROM: Planning Department DATE: May 5, 2014 SUBJECT: Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013 RECOMMENDATION: That the Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013, as amended, be accepted by the Regional District of North Okanagan. DISCUSSION: The Regional District of Central Okanagan (RDCO) Regional Growth Strategy (RGS) Bylaw No. 1336, 2013 received First and Second Reading on October 28, 2013 and notification was received by the Regional District of North Okanagan (RDNO) on November 1, 2013 requesting acceptance of Bylaw No. 1336. At the Regular Meeting of December 11, 2013, the Board of Directors passed the following resolution: “That the Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013 be accepted by the Regional District of North Okanagan.” The RDCO RGS was accepted by all adjacent regional districts and the District of Lake Country. The City of Kelowna, District of West Kelowna and District of Peachland passed resolutions of nonacceptance of the RGS. The RDCO Board of Directors, after reviewing the comments of the nonaccepting member municipalities, rescinded the RGS Bylaw on January 16, 2014 in order to provide the opportunity for RDCO to resolve outstanding concerns. The RGS Steering Committee met on January 17, 2014 and January 30, 2014 to review the comments and recommend amendments to the RGS that are supported by member municipalities and the RDCO. All parties agreed to policy changes that replaced many "action" words (i.e. ensure, explore, coordinate) to more neutral language such as promote, support and encourage. The amended RGS was given Second Reading by the RDCO Board of Directors on April 28, 2014 and referred to affected local governments for acceptance, including the RDNO. Although the Board of Directors has accepted the October 28, 2013 version of the RGS, the amended RGS required reconsideration by the Board of Directors of acceptance. Planning staff have reviewed the draft amended RDCO RGS and have determined that this document is consistent with the policy direction of the RDNO RGS and will not have a negative impact on the RDNO. Page 10 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013 Report to Board of Directors – May 5, 2014 Page 2 BACKGROUND/HISTORY: In 2000, the Board of Directors of the RDCO adopted their RGS. The key issues addressed within the RGS, as were agreed by all regional partners, were: Housing Air quality Regional governance and service delivery Environmental protection Transportation Water resources Economic development Several initiatives were undertaken that support RGS policies since 2000, including regional issues discussion papers addressing water resources, environmental protection, crown land tourism, transportation and mobility, air quality, governance and services and aggregate supply. On October 25, 2010, the RDCO Board of Directors approved the work plan to review the RGS, including the assessment of trends that have affected the region since 2000. The authorized work plan included the following steps: Identify, assess and evaluate current and emerging issues that affect the region’s growth pattern and overall sustainability; Define a common vision for a desired regional future; Guide the pattern of regional development and investment decisions; and, Enhance communication, coordination and collaboration among regional partners and senior levels of government. The Regional Growth Management Advisory Committee was provided a staff report and the draft RDCO RGS Bylaw on July 18, 2013 as information. At that time, staff had indicated that the RDNO’s interests were unaffected by the draft Bylaw. Regional District of Central Okanagan and Regional District North Okanagan Regional Growth Strategy Policy Alignment: The amended policies contained within the draft RDCO RGS are complementary to the RDNO RGS and do not affect RDNO interests, although there are opportunities for continued inter-regional collaboration on transportation, economic development, water resources, agriculture, ecosystems and transportation. LEGAL/STATUTORY PROCEDURAL REQUIREMENTS: The RDCO has initiated the RGS 60 day acceptance process, as provided in Part 25, Section 857 of the Local Government Act, which must be concluded prior to Third Reading. All affected local governments, including the RDNO (Section 857(3)(b)), must accept the RGS prior to adoption. If an affected local government fails to act within the period for acceptance, that local government is deemed to have accepted the RGS. If an affected local government does not accept the RGS, then a non-binding resolution process is initiated to resolve any outstanding concerns. The RDNO Board of Directors has been provided the opportunity to accept the revised RDCO RGS Bylaw No. 2409 which was given Second Reading on April 28, 2014, as specified within Section 857 of the Local Government Act, and has 60 days from that date to act. Page 11 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013 Report to Board of Directors - May 5, 2014 Page 3 SUMMARY: Planning staff have reviewed the revised Bylaw provided by Regional District of Central Okanagan (RDCO) and have determined that amended Regional Growth Strategy (RGS) Bylaw No. 1336 is consistent with the direction of the RDNO RGS Bylaw No. 2500, 2011 and the RDNO's interests are unaffected. Several areas within Bylaw No. 1336 were identified during the previous acceptance process for potential collaboration or shared dialogue between the RDNO and RDCO on shared matters or interests, including the Board of Directors top priority of economic development. The Board of Directors may consider pursuing a dialogue with the RDCO and/or their municipal partners regarding inter-regional economic development opportunities. Planning staff recommend that the Board of Directors accept the amended RDCO RGS No. 1336. Submitted by: Approved For Inclusion: Endorsed by: Rob Smailes, MCIP, RPP General Manager, Planning and Building Page 12 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Community Services Planning Section 1450 K.L.O . Road Kelowna, B.C . V1W 3Z4 Telephone: (250) 469-6227 Fax: (250) 762-7011 www.regionaldistrict.com REG IO NA L D I STR IC T o f C EN T RAL OKANAGAN ~m:~rniTWfEIDJ April 30, 2014 Chair and Board Regional District of North Okanagan 9848 Aberdeen Road Goldstream, BC V1 B 2K9 MAY 0 1 2014 REGIONAL DISTRICT OF NORTH OKANAGAN Dear Chair and Directors: Re: Submission of the Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013 for Acceptance by Affected Local Governments The Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013 received Second reading at the Regional Board meeting on April 28, 2014. Pursuant to the Local Government Act, Section 857, the Bylaw is being forwarded to your local government for consideration and acceptance. Under the provisions of the Local Government Act, affected local governments, which include member municipalities and adjacent Regional Districts, have 60 days from the receipt of this letter in which to consider acceptance of Bylaw No. 1336, 2013. At the conclusion of the 60 day period, Regional District staff will report to the Regional Board on the status of acceptance, and if appropriate, present Bylaw No. 1336, 2013 for Third reading and Adoption. Each affected local government is requested to respond to the Regional Growth Strategy Bylaw No. 1336, 2013 by resolution. For information, Section 857 (4) of the Local Government Act states that upon receipt of the Regional Growth Strategy Bylaw No. 1336, 2013, each affected local government must: a) Review the Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013 in the context of any Official Community Plans in its jurisdiction, both those that are current and those in preparation, and in the context of any other matters that affect its jurisdiction; and b) Within 60 days of receipt of the referral, affected local governments are required to, by resolution, either: (i) Accept Bylaw No. 1336, 2013; or (ii) Respond to the Regional District of Central Okanagan Regional Board indicating specifically the sections or policies of Bylaw No. 1336, 2013 that your local government will not accept. Page 13 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 If a resolution is not brought forward at the end of the 60 day acceptance period, then according to Section 857 of the Local Government Act, an affected local government is deemed to have accepted the Regional Growth Strategy. If you have any questions regarding the Regional Growth Strategy process, the formal acceptance process or any matters associated with the Regional Growth Strategy Bylaw No. 1336, 2013, please contact the undersigned at (250) 469-6227 or ron [email protected] ::?!flyA ~RoUr~k, l c1P Manager of Planning Enclosures: RDCO Resolution, April28, 2014 Regional Growth Strategy Bylaw No. 1336, 2013 Cc Robert Hobson, Chair, Central Okanaga n Regional Board Brian Reardon, Chief Administrative Offi cer, RDCO Chri s Radford, Director of Community Services, RDCO M eggin Messe nger, Ministry of Community, Sport and Culture Brent Mueller, Ministry of Community, Sport and Culture H:\PLANNING\6430-Strategic_Pianning\40-Regiona l Growth Slrategy\Generai\RGS Update (20 10 to)\Work. Plan \Phase 3\Bylaw and Referral Process\RGS Draft Bylaw - Pending Board Approval\2014-03 Referrals\RONO Referral Letter.docx Page 14 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 REGIONAL DISTRICT OF CENTRAL OKANAGAN RESOLUTION #80/14 THAT RDCO Regional Growth Strategy Bylaw No. 1336, 2013 be given second reading as amended; AND FURTHER THAT Bylaw No. 1336 be referred to member municipalities and adjacent regional districts for formal acceptance in accordance with Section 857 of the Local Government Act. CARRIED Unanimously I, B. Reardon, Chief Administrative Officer of the Regional District of Central Okanagan, do hereby certify that the above is a true and correct copy of a resolution which was adopted by the Regional Board at its Regular Board meeting held the 28th day of April 2014. Dated at Kelowna, B.C. this 29th day of April 2014 Brian Reardon Chief Administrative Officer Page 15 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 REGIONAL DISTRICT OF CENTRAL OKANAGAN BYLAW NO. 1336 A bylaw to adopt the Regional District of Central Okanagan Regional Growth Strategy WHEREAS the Local Government Act provides that a regional board may develop, adopt, implement, monitor and review a regional growth strategy under Part 25 of the Act; AND WHEREAS the Regional Board of the Regional District of Central Okanagan by resolution dated October 25, 2010, initiated the review of "The Growth Management Strategy, Bylaw No. 851 , 2000", pursuant to section 854 of the Local Government Act; AND WHEREAS the Regional Board adopted a Consultation Plan on December 13, 2010 to provide opportunities for early and ongoing consultation in accordance with the Act, and during the development of the Regional Growth Strategy the Board of Directors provided the opportunity for consultation required by the Act; NOW THEREFORE the Regional Board of the Regional District of Central Okanagan, in an open meeting enacts as follows: 1. "RDCO Growth Management Strategy, Bylaw No. 851, 2000", is hereby repealed; 2. Pursuant to section 863(1) of the Local Government Act, Schedule "A" attached to and forming part of this bylaw is hereby designated as the "Regional District of Central Okanagan Regional Growth Strategy"; and, 3. This Bylaw may be cited as "Regional District of Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013. READ A FIRST TIME this 281h day of October, 2013 READ A SECOND TIME this 28th day of October, 2013 ACCEPTED, BY RESOLUTION, BY THE District of Lake Country Council this 17'h day of December 2013 Regional District of Thompsen-Nicola Board this 12'h day of December 2013 Regional District of Kootenay Boundary Board this 28th day of November 2013 Regional District of North Okanagan Board this 11th day of December 2013 Regional District of Okanagan-Similkameen Board this 19th day of December 2013 Bylaw No. 1336, 2013 · Page 1 of 2 Page 16 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 REFUSED, BY RESOLUTION, BY THE City of Kelowna Council this 16th day of December 2013 District of West Kelowna Council this 1oth day of December 2013 District of Peachland Council this 1oth day of December 2013 RESCIND SECOND READING this 16th day of January 2014 RE-READ SECOND READING this 28th day of April 2014 ACCEPTED, BY RESOLUTION, BY THE City of Kelowna Council this day of 2014 District of West Kelowna Council this day of 2014 District of Peachland Council this day of 2014 District of Lake Country Council this __ day of 2014 Regional District of Thompsen-Nicola Board this __ day of 2014 Regional District of Kootenay Boundary Board this day of 2014 Regional District of North Okanagan Board this day of 2014 Regional District of Okanagan-Similkameen Board this day of 2014 READ A THIRD TIME this __ day of _ _ _ 2014 ADOPTED this __ dayof _ _ _ 2014 DIRECTOR OF CORPORATE SERVICES CHAIR I hereby certify the foregoing to be a true and correct copy of RDCO Regional Growth Strategy Bylaw No. 1336, 2013, as adopted by the Regional Board on the _ _ day of 2014 Dated at Kelowna, B.C. this _ _ day of 2014 DIRECTOR OF CORPORATE SERVICES Bylaw No. 1336, 2013 Page 2 of 2 Page 17 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Regional District of Central Okanagan Regional Growth Strategy ..Our Home, Our Future" Schedul e 'A' Bylaw No.1336, 2013 REGIO N AL DI S TRICT ol CE N TR A L O KAN AG AN Page 18 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Acknowledgements The Regional District of Central Okanagan (RDCO) recognizes and acknowledges the complex planning environment that exists within the Central Okanagan and respected these planning processes as the Region updated the Central Okanagan Regional Growth Strategy. The Regional District of Central Okanagan thanks the planning staff, committee and working group members, member municipal councils and Board of Directors, consultants, all residents, and those individuals who dedicated their time and expertise to make the project possible. Page 19 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Table of Contents 1.0 INTRODUCTION ....................................................................................................................................... 1 1.1 REGIONAL GROWTH STRATEGY ................................. . .......................................... ....... .................................. ... .... ... 1 1.2 STRUCTURE OF THE RGS . .. ....... .. ...... ... . .. . .. ................ ........ ....... .......... ... ......... ....... .. ..... .............................. . .......... 1 2.0 2.1 2.2 CONTEXT ................................................................................................................................................. 3 CENTRAL OKANAGAN DIRECTIVE ...... .. .. .... . .. ........ . ..................... ........... ........ .. ..... .. ....... .. ........ . ..... ... .... .... . ............... 3 REGIONAL OVERVIEW ......................... . ... ... ........ .. .... ............ .. .. ...... ............ .... ......................... .. .... . .. .. ... . ... .......... . . 4 2.2.1 2.2.2 3.0 3.1 3.2 REGIONAL GROWTH STRATEGY ............................................................................................................... 9 OUR REGIONAL VISION ... ...... . ........ .. ....... .. ........ .. ......... ............. ..... .... .. . .. . ....... ......... .................. ........ . ..... .. .... . ...... 9 REGIONAL ISSUE AREAS ..... ..... ..... .............................. . .............. . ..... .... .......... ....... . .... .. .... .. .... . ......... ........ .... ........... 9 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 3.2.8 3.2.9 3.2.10 4.0 4.1 Our Land .. ................................... ......... ................ ......... ................... ...... ..... ...... ............................ 10 Our Economy .......................... ..... ................................................. .. ................. .............................. 12 Our Water Resources ..... ......................................... ...... ........ ... ..................................................... 13 Our Health ........ .................. ... .. ... ... .. ... ........ ........ .. .. ....... ....... ..... ..... .......... .................. ............ .... ... 14 Our Food ................................. .... ..... .................... ... ...... .................. .. ..... .... ....... .. ...... .................... 15 Our Housing ........ ...... ................... ... ... .. ............................................................... .... ..... ... .... ... ....... 16 Our Climate .. ........... .................................. .................................................................. .... .... ... ....... 17 Our Ecosystems .... ....................................... .. .... ........................................... .. ... ... ......................... 18 Our·Transportation ............ .......... ....... .. ...... .. ... ... .... ......... ... ...... ..... ..... ... .... .. .. ..... .. ...... ......... ......... 19 Our Governance ........ ................ ........................... ... ................................................................. ..... 20 MONITORING AND EVALUATION ............................................................................................................21 IMPLEMENTA110NANDMONrTORING ......... .. ... .. . ... .. .. ... .. .. ............ ... .......... .... .. .... ...... . ................. ........ ...... ... ................ . 21 4.1.1 4.1.2 4.1.3 4.1.4 4.1.5 4.2 Demographics ... .. .......... ..... ............................................................................................................. 4 Employment Projections ... ........................................................... .... ........... ......... ... ...... ...... ............ 8 Update OCP Regional Context Statements .. ...... .............. ...... ........................................... .. ...... .... 21 Five year Action Plan ....... .... .. ........................... ............................................................................. 22 Implementation Agreements .......... .. ...... ............................................................. .. ................. ...... 22 RGS Monitoring and Evaluation ...... .... .. ........................................................................................ 22 Plan for Five -year Review.......... .... .. .... .... ...... ................... .. ...... ................ .......... .. ............. .. .......... 23 AMENDMENTS TO THE RGS ..... . .................................. ........ ............ ......... .......... .... .............................................. 23 4.2.1 4.2.2 Standard Amendments ........ .. ... ............... .. ... .. .......... .................... ......... ............ .. .. .. ...... .... .. ... ...... 23 Minor Amendments ......................................... ............... .............. ............ ............... ..................... 23 APPENDICES .......................................................................................................................................................... 25 APPENDIX A- MAPS ....................... .... ..... .. .. . ............................... ... .. ...... ..................... ...................... .... .... .. ........ ... .... . . 27 APPENDIX B- LIST OF RESEARCH PAPERS .. ....... .... . ..... ....... . .... .. .. .. .......................... ... ....................................................... 39 APPENDIX C- PERFORMANCE METRICS .................................................. . .... . ........ .. ........ . ............. .. .................... .. .. ......... 41 Source: Regional District of Central Okanagan Page 20 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 List of Figures and Tables Page Figure 2.1 Regional District of Central Okanagan Services 3 2.2 Population Projections. BC Stats 7 2.3 Employment in the Central Okanagan by Industrv 8 Page Table 2.1 Population Estimates for Age Groups, Census Years 6 2.2 Central Okanagan Migration Components of Population Growth 1996 to 2011 6 2.3 Central Okanagan Natural Increase Components of Population Growth 1996 to 2011 6 2.4 Population Estimates for Age Groups, Census Years. 1996-2011 7 2.5 Population Projections for Age Groups. 5 Years 7 Source: Regional District of Central Okanagan Page 21 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 1 .0 I NTRO DUCTIO N 1.1 Reg io na l Grow th Strategy The Regional Growth Strategy {RGS) is a long-range planning tool to help regional districts and local governments plan a coordinated future for their communities while dealing with regional issues and decisions that cross local political boundaries. The strategy is a collective vision from the regional partners for how they see the future in order to create a region that promotes growth that is economically, environmentally and socially healthy over a twenty {20) year time horizon . There are three criteria for the determination of regional issues to be addressed through the RGS Review and Update process: • Mandatory content: Provincial legislation requires that the following issues be addressed: 0 housing; transportation; 0 0 regional district services; 0 parks and natural areas; 0 economic development; and, reduction of greenhouse gas {GHG) 0 emissions. • Regional Board, Intergovernmental Agency Committee {lAC} and RGS Steering Committee direction: In addition to the mandatory content, the Regional Board and RGS Steering Committee helped to identify important regional issues as they relate to the local governments. • 1.2 Cross boundary issues: Focus on issues that cannot be addressed by one local government becau se the issue affects more than one local government {and in some cases, cross regional district boundaries) . For example, air quality, environmental protection, watershed management and economic development are issues that transcend municipal boundaries. Structure of the RGS Joint Planning Approach and Agreement Among all Parties: The RGS represents a joint-planning approach to addressing the growth issues that go beyond local government boundaries. This RGS update was a co llaboration from the member municipalities, First Nations and Provincial agencies that utilized the consultations and research, as well the updated Official Community Plans to provide a directional document that allows each member municipality the ability to choose how they will implement the future direction into their land use decisions. Many agencies and organizations contributed their expertise to this RGS update including, but not limiting to, the School District No. 23, Interior Health and the Agricultural Land Commission . The strategy is an agreement among governments and agencies to work together on common issues to find common solutions. The strategy reflects a shared regional vision for the future, as well as goals and policies necessary to achieve effective growth management. en cu ~ ~ cu ffi _g -g C"'C E -S .s::: ~ --:;; ~ ~ ~==n ~Transportauon § fconomicDevelopment§ Climate. ~ ~ + RGS §........ ::c: s WaterResources Pol icy Statements Series of Maps iiitf!fi& Page 22 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Source : Regional District of Central Okanag< The RGS content: Section 1 Introduction Section 2 Regional Context: A profile of the RDCO is provided as a baseline. This provides both the qualitative and quantitative groundwork for the review of the RGS . Section 3 Regional Growth Strategy: Ten issue areas form the policy structure and each issue area includes: • • • Section 4 Appendices Goal- Overall long-term goal of the issue area that reflects the input and responds to the Region's future opportunities and challenges around growth management; Synopsis- Summarizes the issue area within the regional context based on the background research; and, Policies- The statements that help achieve the issue area goal. Monitoring and Evaluation: The essential responsibility associated with the implementation priorities, and timing, monitoring and accountability are documented. Technical Appendices: provides reference material to inform and supplement the RGS Review and Update. Information that is more detailed can be obtained from the RDCO Community Services Department. iiii1!tili Page 23 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 2.0 CONTEXT 2.1 Central Okanagan Directive A regional district's primary role is determined by its member jurisdictions. Regional districts act only in response to the expressed needs, interests and instructions of their members and address issues that cross political boundaries. Regional districts serve three primary roles with the relative importance of each role varying from region to region: • To serve as the local government for their unincorporated (electoral) areas; • To provide services to, and on behalf of, different combinations of member municipalities and electoral areas; and, To provide services to, and on behalf of, their entire regions (i.e., all member jurisdictions). • wide services such as dog control, solid waste collection and recycling, 9-1-1, Regional Parks and the Emergency Response Plan for the Central Okanagan. The illustration in Figure 2.1 shows the RDCO's departments and responsibilities. In 2010, the Regional Board adopted the Regional District's Strategic Plan that sets priorities for the Region. The Strategic Plan's intentions are for the Regional District to focus energies and resources on: • • • The RDCO provides services to residents in the Electoral Areas, including water, planning and solid waste collection. The District also provides region Establishing and promoting a v1s1on and priorities for the broader, regional community; Developing regional plans and strategies to address joint issues; and, Coordinating municipal efforts that are taken to achieve joint services goals. Figure 2.1: RDCO Services Community Services Corporate Services Inspection and Fire Services • RDCO Business Licenses • Electoral Area Building Inspection & Permits • Electoral Area Paid On-call Fire Departments • Regional Rescue • • • • • • Planning Services • Regional Planning • Electoral Area Planning • Subdivision & Rezoning Applications • Development and Variance Permits • Official Community Plans • Joe Rich Rural land Use Bylaw • Environmental Planning • Regional Growth Strategy • Advisory Planning Commissions • • • Information Services • Information Systems • Geographic Information Systems Environmental Services • RDCO Water Systems • Westside Regional Waste Water Treatment Plant • Mosquito Control • Subdivision Services • Regional Waste Reduction Office • Solid Waste Management Economic Development Commission • • • • • Business Attraction Business Retention Business Facilitation Public Information Social Development Program • • • • • • • Corporate Records Board & Committee Meetings Administrative Support Board Support Interagency Liaison Communications & Intergovernmental Affairs Web Site an<;t Social Media Freedom of Information Act Elections, Referenda & Alternative Approval Process Bylaw Enforcement & Bylaw Adjudication Program Dog Control Noise Bylaw Smoke Control Bylaw Untidy Premises Insect & Weed Control Sign Bylaw Parks Services Regional Parks • Central Okanagan East Community Parks • Central Okanagan West Community Parks • Joe Rich Community Hall • Ellison Heritage School Community Centre • Killiney Hall Police Services • 911 Telecommunications Centre • Crime Stoppers Program • Victim Services Program • Regional Crime Prevention Program Page 24 of 104 Finance and Administration Services Financial Services • Financial Plan/Budget • Treasury/Fiscal Services • Financial Reporting • Asset Management • Payroll • Utility Billing and Collection • Accounts Payable • Accounts Receivable • Regional Transit Services Human Resources • Staffing • Wellness, Health & Safety • Employee Relations • Training and Development • labour Relations • Compensation and Benefits Administration • Public Reception Services • Burning Permits Purchasing and Fleet • Manage RDCO Office Building • Purchasing • Fleet Services REGIONAL DISTRICT ol CENTRAL OKANAGAN BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 The Mission Statement created for the Strategic Plan provides overall guidance to the Regional District and is as follows: "The Regional District of Central Okanagan will provide effective and efficient services that meet the needs of our citizens, in a manner that nurtures growth, opportunities and prosperity, while maintaining and enhancing the unique Central Okanagan lifestyle and environment." The Board identified priority areas to pursue in the 2010 Strategic Plan. The term "priority area" was used to define a theme, topic or area of service that the Board viewed as important for the Region and that would best be addressed on a regional level. In 2012, the Board reviewed priority areas of the Strategic Plan and endorsed the following areas: 1. 2. 3. 4. Growth Management; Transportation; Intergovernmental Affairs; and, Hazard Management. Regional Overview The RDCO is situated on both sides of the mid-section of Okanagan Lake. The Okanagan is characterized by cool humid air and cloudy skies in the winter and by dry air and bright skies in summer. The warm summers with fairly low humidity, as well as the relatively mild winters provide an attractive environment for agriculture and recreation. Since the adoption of the initial RGS in the year 2000, there have been a number of changes in the Central Okanagan, some highlights include: • Steady growth in population, housing, and employment (population grew by 20%); • • Opening of UBC Okanagan in 2005; Incorporation of the District of West Kelowna on December 6, 2007; Expansion of Kelowna International Airport and improvements along the Highway 97 Corridor; Replacement of the three-lane Okanagan Lake Bridge with the five-lane W.R. Bennett Bridge in 2008; Increased efficiency and expansion of public transit; Protection of key recreation and conservation lands (e.g. Mission Creek Greenway); Expansion of Kelowna General Hospital; • • • • • • • These priority areas provide the general directions for the Region, while more defined roles and tasks are defined through budgets, work plans and agreements. 2 .2 Source: Regional District of Central Okanagan Increased density of settlement areas, bringing about efficiencies in servicing and infrastructure costs; and Endorsement of a regional growth vision and implementation through Regional Context Statements in the municipalities' community plans. 2. 2 .1 DEMOGRAPHICS The total population for the Central Okanagan from the 2011 Census was 179,839. Population growth in the Central Okanagan has historically outpaced growth in the province overall. This trend continued in the period between Census counts, where it outpaced the provincial average by 4% over the 5-year period from 2006 to 2011 (Table 2.1, on page 6). Additionally, over the census period the Region showed the fourth highest population growth in the country. Population growth in the Region has been primarily due to in-migration (Table 2.2, on page 6) . High inflows of migrants have resulted in the population of the Region doubling in the past 25 years from 89,730 in 1986 to 179,839 in 2011. The Region was one of the highest growth areas in the province through the 1990s. The past several years have seen slower, but steady growth. The average rate of population growth from 2000 to 2011 has been 2.1% per annum compared to 4.0% per annum in the 1990s. Intra-provincial migration has historically been the largest segment of migration to the Central Okanagan. However, interprovincial migration has been an increasingly significant migration component over the past eight years. The Region has experienced a smaller but steady flow of international migration over the past seven years as well. Page 25 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 The RDCO has experienced a decline in the net natural increase between 2001 and 2006, however in recent years the trend is starting to increase as shown in Table 2.3, on page 6. The Region is seeing a healthier, active senior which is translating to an increa sing life expectancy. There has also been an unprecedented increa se in births. Projections predict that the net natu ral increase will be a positive number over the next 10 years . The net natural increase could accelerate over the next 20 years as the majority of the 65 and over age category will reach the age of 85 . indicates that growth in the Region will result from positive net migration . The Central Okanagan has been older than the provincial population throughout the last twenty years . Table 2.4 (on page 7) highlights the fact that the proportion of the population aged 45 years and over increased significantly from 1996 to 2006 by 1 43 .3% . This increase can be partly attributed to the area's large retirement base. The Region is a popular retirement centre, and the increase in the proportion of retirees in the population will support more service sector employment. Over the long term, the Region is expected to continue to receive strong net inflows of population. The age group 15 to 24 showed an increase that could be influenced by the creation of the UBC Okanagan campus in 2005, which had a starting population of 2,800 students. UBC-0 2 Enrolment in 2010 was 7,075 . Population projection numbers for the Region are expected to exceed 270,000 by 2036, an increase of 45% from 2011 (Table 2.5, on page 7). The net population growth projection from 2011 to 2036 Source: Regional District of Central Okanagan Source : District of West Kelowna 1 So urce : Statistics Ca nada, Cens us 1991, 1996, 2001 and 2006 2 Sou rce : UBCO Webpage, Facts and Figu res, accessed t>1a rch 7, 20 11 Page 26 of 104 Page 27 of 104 -28 119 -136 322 400 422 408 654 717 548 312 2001·0 2002·03 2003·04 2004·05 2005·06 2006·07 2007·08 2008·09 2009-10 2010-11 804 1,234 1,214 2,202 2,201 1,547 1,210 II ][ II II II II II 1,978 1,049 1,049 1,040 1,093 1,184 1,810 1,249 II II I~ 2,165 2,831 2,971 3,949 3,793 3,779 2,859 3,089 1,487 2,154 1,545 1,505 2,938 II II 2,319 Total Net Migration 2,245 2,063 1,593 1,668 2,177 2,240 Intra-Provincial (Net) Source: BC Stats- http:llwww.bcstats.gov.bc.ca!StatisticsBySubject!Demography/Mobility.aspx 11 :11 II II 1,280 829 -182 134 2000·01 II -291 II -271 72 128 1999·00 II -179 Interprovincial (Net) 1998·99 258 International (Net) 1997·98 1996·97 Year Table 2.2: Central Okanagan Migration Components of Population Growth 1996 to 2011 Source: BC Slats, Census First Nations (including IR7, IR9 and IR 10) Electoral Areas.. Peachland Lake Country West Kelowna•• 26,347 9,005 89,445 136,537 Kelowna 3,724,500 British Columbia Central Okanagan 29,673 9,270 3,907,738 5,527 9,610 4,113,487 Table 2.1 Population Estimates, Census Years Source: BC Stats, Census 3.9% 21 .8% 7.0% -80 .6% 26.3% 12.6% Source: BC Slats 2010-11 2009-10 2008-09 2007-08 2006-07 2005-06 2004-05 2003-04 2002-03 2001-02 2000-01 1999-00 1998-99 1997-98 1996-97 Year o=JL II 11 II 1,511 1,526 1,464 1,448 1,417 1,456 1,335 1,328 1,171 ][ ~ 1,147 1,065 I 1,637 1,534 ~ JL 1.5!!..._ 1,654 1,577 1,533 1,427 1,346 1,355 1,322 1,294 1,344 1,414 1,348 . 1,380 1,433 - --- 103 143 69 -71 -13 173 201 368 Table 2.3: Central Okanagan Natural Increase Components of Population Growth 1996 to 2011, 5,742 11,708 4,400,057 e BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 ! 1996 2001 Source: BC Slats 50000 100000 .!! 150000 .,~ 200000 • 250000 • 300000 2011 2016 2021 2026 2031 2036 0" ,,. I.,, ... ... . 1001 12'!1 14'l< Page 28 of 104 Under 5 5·14 15-24 25-34 Age Groups 35-49 Table 2.5: Population Projections for Age Groups, BC Stats 2006 12.7% Figure 2.2: RDCO Population Projection, BC Stats 50-64 Source: BC Slats 65 plus Total - Census Years Percent Change Table 2.4: Population Estimates for Age Groups, Census Years, BC Stats and Census e BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 2 .2 .2 E MPLOYM ENT P ROJ ECTION S The Central Okanagan's economic diversity has been its strength in the past and its future will depend on continuing to enhance that diversity (Figure 2.2). The traditional employment generators will still be important in the future, but they will be complemented by the growth of other industries such as health care, education, research and development, tourism, aerospace and high tech sectors. Most job creation is coming from smaller business employers. The trend towards smaller businesses may lead to more interest in the clean, high tech/business parks, office complexes and even home occupations; the latter of which has seen significant growth in the Central Okanagan in recent years. Although unemployment has risen slightly in recent years, the private sector identifies a concern that succession planning, or the need for filling the void in certain occupations, will be felt more dramatically as the current workforce ages. There is a projection of a reduced labour supply within the 25 - 49 age group . The trend is one that is being faced across the country. However, this region may experience a greater impact due to the attraction of retirees to this area. It will be important to attract and retain youth or young skilled labour and professionals graduating from local educational institutions by employers in both public and private sectors. This will require the development of strategies amongst member municipalities and various partners to create communities and employment opportunities that are attractive for the long term . One example of a program in action Source : Regional District of Central Okanagan targeting the younger labour force is the work of the Okanagan Young Professionals program. The EDC helps support the program to help attract, assist and retain talented professionals in their 20's and 30's to the Okanagan Valley as this works toward filling the employment opportunities in the Region. Figure 2.3: Employment in the Central Okanagan by Industry, Census 2011 20.4 f'f)~hC¥frd V\J ......~ . ~U' ) '-( f ,IUI wtr : !~ J '>,j t<.~U.- ;: ~G\~~ j.•\>-IN\0'1. ~(~ ..... I<X~J'l.$Wu nl.f".( f "><l .. n"CI~.niK<V{~I~OlNtoH Page 29 of 104 0t~l~(n 1\t>lc u ..-.l'ls:v .: :n GcoQo:hpto.!utrf ~o«t"' BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3.0 REGIONAL GROWTH STRATEGY 3.1 Our Regional Vision In order to protect quality of life, the Region is committed to working together in creating and supporting economic opportunities, addressing issues of environmental quality and planning for future services such as transportation and water systems. The RGS Vision Statement describes the ideal outcome for the Region. This vision sets out direction for the management of future growth with subsequent policies and actions for implementation. "The Central Okanagan is a region of urban and rural communities that are interconnected, distinct, healthy, vibrant and welcoming. The citizens, businesses, First Nations Councils and local governments understand and accept that they are individually and jointly responsible to effectively and efficiently manage the Region's future growth that ensures the health and well-being of its residents. Together and from this time forward, the citizens and governments of the Central Okanagan will work in partnership to promote a complete healthy region with a sustainable and diversified economy that provides a range of economic opportunities while protecting the natural environment and water resources for today's and tomorrow's residents." 3.2 Regional Issue Areas Many of the regional issues of the RGS require cross jurisdictional collaboration in order to plan for the long term growth in the Central Okanagan. The following issue areas and goals were identified through stakeholder and public input to respond to the future challenges and opportunities in the Central Okanagan: Issue Area I I -- - -- - -- Goal Our Land To manage the land base effectively to protect natural resources and limit urban sprawl Our Economy To develop and enhance a positive business environment in the region to achieve a dynamic, resilient and sustainable economy Our Water Resources To manage and protect water resources Our Health To contribute to the improvement of community health, safety and social wellbeing Our Food To support a regional food system that is healthy, resilient and sustainable Our Housing To improve the range of housing types and tenures to meet the social and economic needs of the region Our Climate To minimize regional greenhouse gas emissions and respond to the impacts of climate change Our Ecosystems Be responsible stewards of natural ecosystems to protect, enhance and restore biodiversity in the region Our Transportation To enhance the regional transportation system to ensure that it is accessible, affordable, and efficient Our Governance To respond to the needs of the region with an effective and efficient governance service model Mit!& Page 30 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3 .2 .1 O U R L AND Goal To manage the land base effectively to protect natural resources and limit urban sprawl .2 Proposals for new growth areas should consider the impacts on existing services and facilities in the community; .3 Support the protection of the rural areas that offer a rural lifestyle choice; .4 Encourage access to and opportunity for development of Crown resources and rural land that provide economic opportunities that contribute revenues to support community social, health, education and transportation services for the citizens of the Central Okanagan while having minimal impacts to the land, wildlife, and sensitive environmental areas; Synopsis The Central Okanagan's land base is largely defined by its mix of mountains, lakes, wetlands, watercourses, forests, grasslands, vineyards and orchards . These features form the significant surroundings that add to the character of the Region and help define the Central Okanagan lifestyle. Maintaining and managing the land base, both the rural and urban lands, is essential to ensure the preservation of the lifestyle that re sidents and tourists value . There are several areas and lands adjacent and outside the urban areas that provide for drinking water sources, agriculture, recreation, wildlife, and flora and fauna habitat as well as opportunities for the forestry and mining industries. Continued growth in this region will push development to these areas; however, focusing growth to areas of existing services can minimize impact and effectively manage opportunities for source water protection, protection of environment and habitats as well as manage opportunities for resource development. Policies .5 .6 Support the continued exchange of information with provincial agencies on future land use decisions that impact the interface of the boundaries of crown land adjacent to municipalities and regional districts and best management practices for resource extraction to minimize negative impacts in the Region (e.g., truck traffic, environmental considerations, land use conflicts, nuisances); .7 Support urban and rural land uses that provide affordable, effective and efficient services and infrastructure that conserve land, water and energy resources; .8 Support the protection of ALR lands and land uses which are supportive and/or complimentary to agricultural use; The Central Okanagan regional partners agree to: .1 Support logical and sequential growth patterns that minimize urban encroachment into rural areas; Support the protection of water supply on crown land and/or rural areas for all water users; Source: Regional District of Central Okanagan Page 31 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 .9 Promote the identified urban/village centres in current community plans to provide a range of amenities and services; .10 Encourage the examination of future land use designations that consider the Region's aggregate resource based on the site suitability checklist prepared in the Aggregate Supply and Demand Update (2013}; .11 Encourage cooperation and information sharing with regional partners on hazard identification and mapping programs to provide better and more information on hazard management; .12 Encourage cooperation and information sharing with regional partners to identify data and information necessary to improve hazard and resiliency planning; and, .13 Ensure there is an appropriate supply of land used for economic opportunities, public facilities and infrastructure and protection of natural environment for the regions projected population growth . Source : District of West Ke/owna Util&l Page 32 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3.2.2 OUR ECONOMY Goal To develop and enhance a positive business environment in the region to achieve a dynamic, resilient and sustainable economy • • create jobs improve residents' quality of life • foster a diverse and balanced economic base; • help reduce the Region's GHG emissions; and, • increase economic regional prosperity. Synopsis The diversity of the Central Okanagan's economy has historically been its strength. A healthy, strong and diverse economy is one of the cornerstones of a sustainable community. The Region's future will depend on supporting the diversity along with investment opportunities for new and upcoming economic sectors that complement the existing sectors. Local governments have the ability to influence investment climate and economic viability in the Region and as such, working together will enhance the Regions opportunities to compete regionally, nationally and globally. Attracting, maintaining and promoting economic activity in this region is important as it helps retain existing jobs and creates a solid tax base. As the Central Okanagan endeavours to become a more sustainable region and protect its quality of life, coordination and collaborating efforts will help in creating, supporting and enhancing economic opportunities throughout the Region. The growth strategy provides an opportunity to encourage and support development that enhances economic diversity for a healthier local economy. Policies The Central Okanagan regional partners agree to: .1 Support a comprehensive regional approach to create an attractive investment climate for the Region by working in partnership with the province, local municipalities, First Nations and economic development agencies; .2 Encourage and support related economic development initiatives that address the needs and challenges in the Region; .3 Support efforts in building a strong regional economy to: • development and .4 Support each community's interest to develop vital and dynamic communities with vibrant town and village centres; .5 Support economic plans that focus retention, attraction and facilitation business within the Region; .6 Encourage cooperation with educational institutions and the private sector to build a profile of the Region as a knowledge base/education centre; .7 Encourage cooperation among research facilities, educational institutions, local governments and businesses technology to explore opportunities in new economic sectors and new investment in the form of human and business capital; .8 Support for the prov1s1ons in the housing section are considered within the context of economic development, as the diversity of housing opportunities and affordable housing options are important to support economic development; .9 Support effectively managing and protecting the integrity of the Region's critical assets such as the lakes, natural environment and agricultural lands that promote attraction of employment and investment; on of .10 Promote reliable and efficient development application processes and a commitment to long term financial planning for servicing and infrastructure (roads, sewer and water) that attracts and retains business and private investment and employment; and, .11 Promote land development patterns support a diverse regional economy. that promote and stimulate innovation; ama Page 33 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3 .2 .3 O UR WATER R ESOURCES Goal .3 Work with local governments, provincial agencies to assess and mitigate the risks in floodplains; .4 Utilize best management practices to protect and manage water resources, groundwater and surface water, through integrated watershed planning to improve water quality, and adequate supply for the Region; .5 Continue in partnership with the Okanagan Basin Water Board (OBWB) and regional partners to encourage valley wide cooperation and coordination regarding the conservation of water and protection of all water sources; .6 Encourage the preparation of a water management plan by the Okanagan Basin Water Board on the Region's water supply in response to the impacts of climate change and future population growth; and, .7 Encourage opportunities to utilize "on-site" recycled water for landscaping and other uses within new and redevelopment projects. To manage and protect water resources Synopsis Water is an essential resource for people, the economy, and for the natural environment. Okanagan Lake is the main central feature in the Central Okanagan that provides a unique and beautiful landscape as well as the basic sustenance needed for a vibrant community and economy. Water is a collective resource that is shared by people and the environment and supports the economy. Studies show that climate change will impact water levels in the Region, which means competition for water will increase. Considering the importance water has in sustaining life and the lifestyle residents value, it is important that we continue to manage water resources effectively to ensure the Region and the Okanagan Valley can accommodate the needs for all users, including plants and animals in the environment, now and in the future . Policies The Central Okanagan regional partners agree to: .1 Consider water resources in land use planning decisions; .2 Encourage the development of water source protection plans to improve drinking water quality, quantity and timing of flow of water sources; Source : District of West Kelowna Page 34 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3 .2 .4 O UR HEALTH Goal To contribute to the improvement of community health, safety and social well-being .4 Continue efforts to improve air quality by supporting the Regional Air Quality Management Plan; .5 Promote community health and safety through investments in education, recreation, health, community development, social support, civic design, environmental design, maintenance and economic development; .6 Encourage cooperation with Interior Health to explore opportunities to develop healthy community strategies; .7 Support Interior Health in efforts to increase public education and awareness around the links between population health and land use planning; .8 Incorporate health and principles of a Healthy Built Environment into the development of comprehensive plans; .9 Encourage joint use agreements with School District No . 23 in projects, programs and facilities to improve and maximize the use of existing parks, facilities and community services; and, Synopsis The Region is made up of various communities in which people live, work and play and how local governments design the communities is very important to the health and well-being of its citizens. The land use decisions that have created the current land use patterns have directed and influenced investment in infrastructure and transportation systems, which in turn have contributed to impacts on personal health . Historical land use decisions have tended to suppo rt lower-density, automobileoriented and urban fringe development. These decisions and land use patterns have created our travel behaviours, level of activity and have had an impact on health through a person's level of physical fitness, pollution exposure and community interaction . Growth management and careful community design to encourage more physical activity will help reduce the risk for developing chronic conditions and see multiple benefits in the · form of increased physical activity, less sedentary time in cars, and less air pollution . Promoting a healthy community and a corresponding healthy lifestyle will make our regional community an attractive place where people want to live, work and play. .10 Encourage cooperation with School District No . 23 to locate and design schools to be the focal point of community life in the neighbourhoods in which they are located. Policies The Central Okanagan regional partners agree to: .1 Actively promote and support physical activity, sense of place, social interaction and neighbourliness as these encourage the growth of the Region as a place that is safe, diverse and inclusive; .2 Support regional partners, including schools and bu sinesses in strengthening healthy living opportunities that focus on physical activity; .3 Support active transportation initiatives of the regional partners; Source: District of West Kelowna Page 35 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3.2.5 OUR FOOD Goal .4 Support appropriate water supply for the agriculture industry through the continued efforts to have efficient irrigation infrastructure and proper functioning and healthy watersheds; .5 Encourage cooperation that considers the potential to use public lands for community gardens and/or creation of edible landscapes to encourage grassroots civic agriculture within urban areas; .6 Promote the use of agriculture and ALR lands for food production and ancillary agriculture processing and retailing consistent with uses outlined in the Agricultural Land Commission Act and Regulation and, .7 Protect the supply of agricultural land and promote agricultural viability . To support a regional food system that is healthy, resilient and sustainable Synopsis The Central Okanagan has strong agricultural roots and this sector has been important in defining the region and its growth pattern. With changes in population, pressures of development, increased climate impacts, water pressures, and more focus on local food production for sustainability, these changes have raised more awareness on food systems from cultivating and planting to consumption to the compost heap, and back again. Today, food policies appear on the agenda of dozens of municipal governments across North America and beyond. Future planning can help ensure food systems are adequately addressed in growth management decisions. Policies The Central Okanagan regional partners agree to: .1 Encourage cooperation with regional partners, provincial ministries and stakeholders that consider a regional agricultural strategy to identify issues and the present and future needs of the agricultural sector that will contributes to the well being of all residents to guide food security, economic opportunity and the protection of agricultural land; .2 Preserve and support sustainable agricultural activities and land base that enhances local agriculture through the strengthening of best practices, support of local and regional food systems and the expansion of local food markets and agri-tourism; .3 Source: Regional District of Central Okanagan Encourage cooperation with the Agricultural Land Commission and the Ministry of Agriculture to promote consistency among bylaws, policies, regulations, and decisions that will be made regarding agriculture; Page 36 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3 .2 .6 O UR HOU S ING Goal Policies To improve the range of housing opportunities to meet the social and economic needs of the region Synopsis The Central Okanagan regional partners have been actively addressing local housing needs (market and non-market). Housing location, type, affordability, and choice are important factors that affect long term economic health and community sustainability. Focusing new housing units to areas with existing services can reduce infrastructure costs and support public transit services, as well as more active, healthier transportation choices such as walking and biking. Ensuring a diversity of housing options irrespective of demographics, lifestyle interests or financial situation allows people and families to live and stay in the Okanagan Valley. The identified need for more affordable housing for those who live and work in the Region continues to be a concern. It is important to consider land use decisions that focus new residential developments in areas with existing services, as this assists in housing affordability, reducing reliance on vehicles in the Region, and creates opportunities for residents to be closer to work and recreation opportunities, which in turn contributes to a healthier region. The Central Okanagan regional partners agree to : .1 Preserve and enhance existing neighbourhoods through encouragement of a variety of housing types, densities, choices and affordability; .2 Encourage new residential units and retrofits of older residential units to incorporate building materials and products that reduce energy and water consumption; .3 Encourage new growth areas to include sustainable community and neighbourhood design practices that demonstrate housing affordability/housing choices for the full housing spectrum; .4 Build capacity within the Region to advance affordable housing initiatives and increase the amount of transition and supportive housing in the Region. Source: Regional District of Central Okanagan liil1tmi Page 37 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3 .2. 7 O UR C LIMATE Goal To minimize regional greenhouse gas emissions and respond to the impacts of climate change .3 Consider GHG reduction and climate adaptation/mitigation in decision-making as well as in planning policies and regulatory measures; .4 Reduce reliance upon fossil fuels by promoting and supporting renewable energy infrastructure, such as solar power and geothermal, and by purchasing energy supplied by renewable sources. Renewable energy systems should be pursued in collaboration with Provincial, Federal and private sector programs; .5 Encourage design and "retrofitting" of neighbourhoods to reduce a person's travel distance and frequency of trips, and increase access to alternative modes of transportation; .6 Encourage cooperation with regional partners, provincial ministries and stakeholders on initiatives that improve efforts to reduce GHG emissions, improve energy conservation and mitigate climate change impacts; .7 Encourage mixed use compact communities and facilitate the transformation of existing neighbourhoods so that residents can conveniently and safely travel by bus or by foot, bicycle and other forms of active transportation to get to major community destinations while ensuring the efficient movement of goods and services; and, .8 Encourage land use and transportation infrastructure that improves the ability to withstand climate change impacts and natural hazard risks. Synopsis The changing climate will create a challenge as the Region continues to see further climate change impacts. To help address climate change, action is required by local governments to ensure planning decisions respond to reducing GHG emissions and negative environmental impacts. Planning deci sions determine land use development, transportation patterns, building design, public infrastructure and energy supply systems well into the future, and as such will have significant influence on energy consumption and levels of GHG emissions. The current land use patterns, forecasted population growth and identified residential projects in the Region will make it ambitious to achieve the provincial target of 33 % reduction in GHG emissions by 2020. However, with refocusing around how the Region manages growth, there is an opportunity to achieve the target to reduce GHG emissions by 80% by 2050 in the Region. Supporting the following policies will help to reduce the impacts of climate change in the Region identified above. Policies The Central Okanagan regional partners agree to : .1 Work toward meeting the provincial target of reducing GHG emissions by 80% from 2007 levels by 2050; .2 Support the use of innovative approaches and technologies to help conserve energy and thus reduce GHG emissions; Page 38 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3 . 2 .8 O UR E CO SYST EMS Goal Be responsible stewards of natural ecosystems to protect, enhance and restore biodiversity in the region .3 Manage growth to m1n1m1ze disturbance to habitat, watershed and natural drainage areas and systems; .4 Encourage collaboration with regional partners on enhancing wildlife corridor linkages to improve habitat connectivity that avoids fragmentation and isolation of important habitats; .5 Encourage a mix of parkland and open space that protect regionally significant ecosystems, and natural and cultural attributes; .6 Encourage and support coordinated efforts to protect and enhance the Region's forests, environmentally sensitive and significant areas; .7 Protect natural environments, parks and water systems, as these systems are essential to the quality of life in the Okanagan that support active and healthy lifestyles; .8 Explore funding mechanisms to support regionally significant natural areas, open space and parkland acquisitions; .9 Support the provisions of the Water Resources section to be considered in context of all discussions regarding the Region's ecosystems; Synopsis As population grows in the Region, the protection of healthy ecosystems will become increasingly complex and challenging. The Okanagan provides unique habitat to various species of wildlife that are found nowhere else in the country. There are more than 1,597 identified species at risk in BC, including 48 species within the RDCO . The landscape is an intricate balance of natural systems that provides clean water, fresh air and an area that residents highly value. Numerous reports, strategies, and plans have been created, discussed, and adopted throughout the Regional District and across the province on the environmental concerns related to the ecosystem and it is necessary to understand and protect the ecosystems for the health of the Region. Although regional partners have a number of initiatives underway to protect the environment, there is a strong need for a regional and coordinated approach to protection, enhancement and restoration of the Region's ecosystems. The Region's natural ecosystems will continue to face development pressures and it will be important for the Region to manage growth to balance the human need for resources, recreation, enjoyment and aesthetics with the need to protect, conserve and restore natural areas and biodiversity. .10 Encourage cooperation with land trusts and local conservation organizations to educate landowners on species at risk; .11 Support continued research on local species at risk within the Region and share the information; .12 Encourage Policies The Central Okanagan regional partners agree to: .1 Encourage cooperation for the management of regional biodiversity practices as outlined in the Okanagan Biodiversity Strategy; .2 Encourage collaboration to adopt consistent terminology, policies and actions that support the protection and conservation of environmental features and watersheds within the Region; collaboration with regional partners, provincial ministries and stakeholders to consider regional conservation, watershed and other ecosystem-based plans and strategies that will update existing inventories; .13 Support cooperation with regional partners on environmental matters, particularly where there are developments/issues located adjacent to political boundaries; and, .14 Support cooperation on the maintenance and update of environmental mapping for terrestrial, foreshore and aquatic areas throughout the Region on a regular basis. Page 39 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3 .2 .9 O UR T RAN SPORTATION Goal b. The promotion of programs and incentives that increase sustainable transportation choices and Transportation Demand Management Strategies; and, c. The support for the use of alternate-fueled vehicles (e.g. electric vehicles); To enhance the regional transportation system to ensure that it is accessible, affordable, and efficient Synopsis Land use influences travel patterns and transportation systems in turn influence land use and development. Achieving the goals of the RGS requires the alignment of land use and transportation strategies. It is important to consider shifting the Region's travel patterns away from auto dependency toward moving people rather than vehicles . Within a region consisting of multiple jurisdictions, transportation that is accessible, affordable, and efficient is not a goal each jurisdiction can achieve in isolation. Everyday many people travel throughout the Region and the entire Okanagan Basin . Partners must work together to effectively plan, coordinate, manage, and monitor the Region's transportation system in order to achieve sustainable transportation goals that are defined in the individual plans and policies of the local governments of the Central Okanagan. Policies .4 Support a regional integrated trail system for active transportation that is appropriate for commuting and/or exercise and recreational uses that connects to rural areas, parks, public facilities, and town/village centres; .5 Support transit oriented development as well as active transportation amenities in urban land use designations; .6 Place increased emphasis on sustainable modes of transportation (walking, cycling, transit) while maintaining efficient automobile, commercial goods and emergency vehicle mobility; .7 Encourage new educational facilities to be located central to their catchment area and where they can be accessed by sustainable modes of transportation; .8 Prioritize funding for transit and nonmotorized improvements, including projects such as sidewalks, traffic calming, bike lanes, and better transit service or access; .9 Prioritize improvements for public buildings in well-connected, compact urban areas (such as schools, government buildings) for access for pedestrians and cyclists, and the provision of bicycle parking and end-of-trip facilities; The Central Okanagan regional partners agree to : .1 .2 .3 Support the Sustainable Transportation Partnership of the Central Okanagan as a means of administering, governing and coordinating the delivery of regional transportation planning and services; Encourage collaboration with regional partners, neighbouring regional districts, provincial ministries, BC Transit, and federal government to improve inter-regional transportation opportunities; Maximize the efficiency of the regional transportation system and reduce GHG emissions through: a. .10 Encourage major employers to create and support programs for active transportation options; and, .11 Collaborate with School District No. 23 to provide safe routes to school, including walking, cycling and transit options. Providing active transportation options and connect residents to facilities, recreation and services throughout the Central Okanagan and its neighbouring communities and region; Page 40 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 3 . 2 . 10 O UR G OVERNANC E Goal To respond to the needs of the region with an effective and efficient governance service model .2 Encourage effective governance and service delivery by being transparent, accountable and accessible; .3 Continue to build and enhance communications and relationships with local First Nations communities; .4 Support opportunities for regional partners to collaborate, communicate and coordinate on matters of regional significance; .5 Encourage collaboration among the regional partners on long range land use, infrastructure and financial planning based upon projected growth, emerging priorities and the anticipated needs of communities; .6 Ensure the Region maintains effective services, which meets the present and future user demands; and, .7 Support the assessment of the social and economic benefits of arts, culture, tourism, and recreation amenities in decision on land use. Synopsis The roles and services for a regional district are determined by its member jurisdictions and regional district's act only in response to the expressed needs, interests and instructions of their members and address issues that cross political boundaries. The mission of a regional district is to help protect the quality of life for all citizens in the region by planning for the future. As the Region grows, there needs to be a balance of local autonomy with effective regional coordination in order to address environmental, economic, transportation and quality of life issues that cross local government boundaries. Long range planning for the Region is necessary to identify opportunities and build partnerships to protect the health and safety of current citizens as well as future generations that will live in the Region. Policies The Central Okanagan regional partners agree to: .1 Encourage cooperation, collaboration and partnerships among regional partners in the delivery of effective and efficient public services and/or enhance opportunities of mutual benefit for cost sharing on procurement, delivery of services, and/or capacity building on issues to ensure financial and human resources are invested effectively; Source : Regional District of Central Okanagan Page 41 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 4 .0 MO NITORING AN D E VALUATION 4.1 Implementation and Monitoring The RGS presents ten (10) goals and associated policies that will assist in realizing the regional vision. Implementing the goals and policies will depend on cooperation and coordination among regional partners, neighbouring regions, and other agencies. The RGS provides a strategic guide to managing the future growth in the Region. Once adopted, it will be the responsibility of the regional partners to implement the RGS by taking action consistent with the RGS as set out in Section 3. The RGS Steering Committee will need to coordinate the strategic priorities around the Region and align the priorities with the goals and policies of the RGS in order to set out a plan of action for regional growth management. The plan will be included in the RDCO annual budgeting and work plan to outline tasks and budget for RGS implementation to be endorsed by the Regional Board. Being accountable for progress towards achieving the goals of this RGS requires a commitment to implementation, target-setting, establishing indicators, and monitoring. Undertaking projects to implement this RGS will be subject to available budgets, departmental work plans and in some cases financial contributions from regional partners and/or external agencies. Over the 20 year time horizon of the RGS some projects may be funded solely through the RDCO' s Regional Planning function, with no additional costs to the regional partners, while other projects may require financial contributions from the regional partners . Notwithstanding, the wording in this RGS refers to an "agreement" by the RDCO and regional partners to follow a course of action, neither the RDCO nor individual regional partners will be bound to undertake or participate in any projects identified in this RGS. This is consistent with the direction of the Local Government Act {LGA} {Section 865 {3}} that states "a RGS does not commit or authorize a regional district to proceed with projects specified in the strategy." With the regional partners working cooperatively, the strategy outlines the following set of tasks on the implementation of the RGS: 1. 2. 3. Update OCP Regional Context Statements Develop a five year action plan Explore Implementation Agreements Source : Regional District of Central Okanagan 4. 5. 4.1.1 Prepare a Monitoring and Evaluation Program Plan for Five-year reviews UPDATE O C P REGIONAL C ONTEXT S TATEMENTS After acceptance and adoption of the RGS, local governments will be required to prepare an update to their OCP to include a regional context statement. The context statement sets out the relationship between the RGS and the OCP and identifies how municipal actions will contribute to achieving the RGS goals and vision. Regional partners will continue to work together so that regional context statements achieve consistency between the RGS and local government OCP's and so that actions specified in the RGS are implemented. The updated regional context statements are to be completed within two years of the adoption of the RGS and must be submitted for acceptance to the Regional District after a review of the RGS. Page 42 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 The RDCO and regional partners will work to ensure OCP policies are consistent with the goals, objectives and policies of the RGS. The process should lead to consistency over time, recognizing the economic, social and environmental benefits of healthy community development, preservation and connection of natural features, and ongoing land use planning cooperation, collaboration and harmonization with First Nations. 4.1.2 F IVE YEAR ACTION PLAN The RGS is designed to be realized over a twenty year period and implemented through implementation agreements, regional context statements and through budget discussions regarding regional planning initiatives. The review of the RGS (2011} emphasized that we are, individually and jointly, responsible for the effective management of the future growth for the region. To ensure the region responds to this call to action, through a collaborative process, staff and elected officials will develop a 5 year action plan to outline the priority initiatives to implement the RGS. The development of a detailed 5-Year Action Plan is considered a key element of a RGS implementation in order to address the challenges facing the region over the next 20 years . The 5-year action plan will be the framework for RGS implementation and based on the regional initiatives identified within the RGS and by the Regional Board. 4.1.3 IMPLEMENTATION AGREEMENTS An implementation agreement (lA) is a partnership agreement between a regional district and other levels of government, their agencies or other bodies which spells out the details of how certain aspects of a RGS will be carried out. Implementation agreements are an important tool designed to promote coordination between local governments and provincial agencies. Consideration of agreements in the Central Okanagan should focus on measures to maintain water quantity and quality, regional transportation, regional environmental coordination, stronger regional economic development and providing accessible and affordable housing. lA's can deal with a wide range of matters making them an important tool for coordinating local-provincial partnerships and actions. The Agreements may be used to establish commitments for infrastructure investments, joint planning projects, responsibility and revenue-sharing agreements, and policy development 4 .1.4 RGS MONITORING AND EVALUATION After adopting an RGS, the Regional District, as directed in the LGA section 869, must establish a program to monitor the implementation and progress of the RGS. The effectiveness of the RGS is assessed through a monitoring program. The monitoring program will be established within the first year after RGS adoption. The Regional District and regional partners will need to discuss and agree on a monitoring program with identified performance metrics. The monitoring program is intended to provide the foundation for ongoing monitoring and evaluation of the strategy. It can be added to or modified over time to better meet the needs of the Board of Directors and regional partners. Monitoring is important to ensure the Board and local government partners have feedback on whether or not the goals and policies of the RGS are being achieved. The program should include performance measures to review the condition, trend or emerging questions under the regional issue areas. A list of performance measures is provided in the appendix for each regional issue area. The measures will help track changes over time relative to the baselines. Reviewing and tracking the changes will allow the regional partners to work toward the regional vision. The monitoring program will include an annual report and a review of the RGS every five years to reassess the strategy and consider whether amendments are necessary. The annual monitoring report will contain a mixture of the measures outlined in Section 3. A key aspect of the implementation of the RGS is the commitment to designing and implementing a practical plan for performance measurement, monitoring and accountability. Source : Regional District of Central Okanagan iiif.tii!li Page 43 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 4.1.5 PLAN FOR FIVE-YEAR REVIEW The LGA provides for a five-year review opportunity for Regional Growth Strategies. The review process provides an opportunity to assess the strengths and weaknesses of the growth strategy, assess performance and re-evaluate solutions to persistent region-wide issues and responses undertaken. The growth strategy five year review will be an inclusive process involving the public, regional partners, organizations and other authorities as listed in section 855 of the LGA. The review will respond to new provincial policies and legislation, as well as to initiatives, research, studies and plans developed responding to the regional issues that will assist with the Region as a whole working toward the RGS vision. The review will also assess the Region's demographic data, census data, and assessment of the identified initiatives undertaken in RGS . Analysis of land use, environmental, engineering, transportation and financial issues should be combined into the review process to allow the public and decision-makers to have a more complete understanding of growth impacts in the Region. This comprehensive approach will consider all of the various issues and trade-offs involved in planning and environmental assessment considerations . 4.2 Amendments to the RGS 4.2.1 STANDARD AMENDMENTS An amendment to the RGS, other than those considered a minor amendment, is considered a standard amendment and will follow the same process that is required to adopt a RGS as set out in Part 25 of the LGA. 4.2.2 MINOR AMENDMENTS Recognizing that the RGS will require some flexibility to respond to changing conditions in the Region, the minor amendment process is intended to provide a more streamlined amendment process for minor changes, while ensuring that amendments that substantially change the vision and direction of the strategy remain subject to acceptance by all affected local governments. The LGA enables minor amendments where a process has been established pursuant to section 857.1 that includes the following: Five-Year Reviews form the basis for regional and local assessment of progress towards the Region's future growth vision. The Five-Year Reviews should set out short-term implementation strategies to provide for adequate land, infrastructure and public facilities over a minimum of five years, and to encourage maximum utilization of existing infrastructure and development opportunities prior to extending development into the undeveloped greenfield areas of the Region. • criteria for determining whether a proposed amendment is minor for the purposes of allowing the process to apply; • a means for the views of affected local governments respecting a proposed minor amendment to be obtained and considered; • a means for providing notice to affected local governments respecting a proposed minor amendment; • a means for providing public consultation and input into the proposed minor amendment; and, • procedures for adopting the amendment bylaw. minor RGS Criteria for Minor Amendments Criteria under which a proposed amendment to the RGS may be considered a minor amendment include the following: Source: Regional District of Central Okanagan a) RGS policy rev1s1ons or additions that do not alter the intent, direction or implementation of the Strategy; b) Housekeeping amendments to population, dwelling unit and employment projections, housing demand estimates, tables, figures, grammar, numbering or mapping refinements Page 44 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 that do not alter the intent of the Regional Growth Strategy o Give 45 days' written notice to each affected local government, including notice that the proposed amendment has been determined to be a minor amendment. The notice shall include a summary of the proposed amendment and any staff reports, other relevant supporting documentation and the date, time and place of the board meeting at which the amending bylaw is to be considered for first reading. o Consider the written comments provided by the affected local governments prior to giving first reading to the proposed amendment bylaw. Any proposal that does not meet the criteria set out above would be considered a standard amendment and will be required to follow the regular process as outlined in the LGA, Part 25. Minor Amendment Process The process to initiate amendments to the RGS is by resolution of the Board of Directors. Municipalities and the Electoral Areas, by resolution, may request amendments to the RGS. The Board of Directors will not give first reading to a minor or standard amendment bylaw until the regional partners have been given the opportunity to formally comment on the proposed amendment. On receipt of a request from a member municipality or an Electoral Area to amend the RGS, the request will be provided to the Regional District, for review with due consideration of sub-regional or regional impacts on infrastructure, transportation, land use, precedence and cumulative effects of broad replication. The Regional District staff will provide recommendations to the Board of Directors. Once a request for a minor amendment has been received, the process for review and adoption is as follows: • Upon receiving a minor amendment request, the RDCO staff will review the request. • RDCO staff will prepare a report for review by the RDCO Board of Directors. • The RDCO Board of Directors will assess any proposed amendment in terms of the minor amendment criteria. The Board of Directors may resolve, by an affirmative vote of 2/3 of the board members present, to proceed with an amendment request as a minor amendment. • Where the Board of Directors resolves to proceed with an amendment request as a minor amendment, the Board will: o • At the time of consideration of first reading, the Board of Directors will determine whether an opportunity for the public to speak on the RGS minor amendment bylaw is required. • If the first reading of any minor amendment bylaw receives an affirmative vote from all Board of Directors attending the meeting, then the bylaw shall be adopted in accordance with the procedures that apply to the adoption of a RGS under section 791 of LGA and Region District of Central Okanagan Regional Board Procedure Bylaw No. 1278, 2010 or as amended. • If any minor amendment bylaw does not receive affirmative vote of all Board of Directors attending the meeting, the bylaw shall be adopted in accordance with the procedures that apply to the adoption of a RGS under section 857 of the LGA and Regional District of Central Okanagan Regional Board Procedure Bylaw No. 1278, 2010 or as amended. Determine the appropriate form of public consultation required in conjunction with the proposed minor amendment. Page 45 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 APPENDICES Appendix Contents A Maps B List of Research Papers c Performance Metrics --------- 2013 Central Okanaga n Reg ion al Growth Strategy Page 46 of 104 Append ices 25 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 This page intentionally left blank 2013 Central Okanagan Regional Growth Strategy Page 47 of 104 Appendices 26 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Appendix A - Maps Maps Contents A-1 RDCO - Political Boundaries 29 A-2 Extent of "private" (non-crown) lands 30 A-3 Provincial, Regional and Major Municipal Parks 31 A-4 Preliminary Constraint Areas 32 A-5 Regional Land Use Inventory 33 A-6 Agricultural Land Reserve 34 A-7 Biodiversity Strategy - Relative Biodiversity 35 A-8 Biodiversity Strategy - Conservation Ranking 36 A-9 Biodiversity Strategy - Habitat Connectivity 37 2013 Central Okanagan Regional Growth Strategy Page 48 of 104 Appendices 27 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 This page intentionally left blank 2013 Central Okanagan Regional Growth Strategy Page 49 of 104 Appendices 38 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Page 50 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Page 51 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Page 52 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Page 53 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Page 54 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Page 55 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Page 56 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Page 57 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Page 58 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Appendix B - List of Research Papers Beginning in 2011, the first phase of the RGS Review and Update assessed numerous documents, plans and studies in its background data collection process. These documents include legislation, by-laws and policies, planning references and a number of specific studies and plans throughout the Okanagan Valley and British Columbia. The RGS Review and Update was an opportunity to coordinate and align community plans, policies, priorities and programs among the local municipalities, provincial ministries and First Nations. In the last five years, local municipalities within the Region have reviewed and updated their Official Community Plans to identify their visions for the long term well being of the communities and plan for their own needs while ensuring the needs of the future generations are met. The RGS Review and Update process analyzed information from local municipalities and First Nations to ensure that all policy directions and consultations will be incorporated to lead the Region into a sustainable future. The update of the RGS sets the direction for current and future regional decision making with the goal of a sustainable future for the Region. The RGS document is built on the analysis of historical trends and the collection of current and forecasted data. Community planners and consultants attempted to identify all the data required so that the Region and communities can make informed choices and decisions about future growth and change in the Region. The need to review the RGS is to ensure that the most current data is considered and to understand the trends related to issue identification. In some cases, issue identification is achieved through the public consultation process, literature review, and analysis of economic and statistical information. Best practices and lessons learned from other jurisdictions respecting planning and environmental issues and growth management have been included where relevant. Over the course of the RGS Review and Update process, the RDCO and regional partners completed and gathered information from various studies, assessments, inventories and updated their Official Community Plans. This work has been reviewed to understand broad planning scenarios in the Region and helps provide the necessary detail to set directions and make decisions as required to provide. The following reports and studies completed for the RGS Review and Update have helped enhance the research completed through the previous work: RGS- Preliminary Consultation Process. EcoPian International, April 2011 Background and Issues Report. RDCO Planning Department, July 2011 Greenhouse Gas (GHG} Emissions Technical Report. Sustainability Solutions Group, October 2011 Regional GHG Emissions Model. Sustainability Solutions Group, October 2011 RGS Youth Survey. Linda Abbott-Simons, Consultant, December 2011 Regional Discussion Papers: • Economic Development- CTQ Consultants Ltd., Ecoscape Environmental Consultants Ltd., September 2012 • Environment Protection- CTQ Consultants Ltd., Ecoscape Environmental Consultants Ltd., September 2012 • Housing- Cityspaces Ltd., September 2012 • Parks & Open Space- AECOM Consultants, GDH Solutions, September 2012 • Transportation and Mobility- Acurere Consulting Inc, Silex Consulting Inc., September 2012 • Water Resources, Lakes & Streams - CTQ Consultants Ltd., Ecoscape Environmental Consultants Ltd. Clarke Geoscience Ltd. and Western Water Associates Ltd., September 2012 • Aggregate Demand and Supply Update- EBA Consultants, October 2013 RGS Growth Options Consultation. Sustainability Solutions Group, November 2012 2013 Central Okanagan Regional Growth Strategy Page 59 of 104 Appendices 39 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 This page intentionally left blank 2013 Central Okanagan Growth Strategy Appendices 40 Page 60 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Appendix C - Performance Metrics Performance metrics are an opportunity to highlight the realization s and challenges faced by the Central Okanagan region in planning and managing for growth. The measures were selected in consultation with local governments, in order to track the Central Okanagan progress. Measures help track changes over time and assess future changes relative to an established baseline. Reviewing and tracking the changes in the measures allows the regional partners to gain knowledge and amend directions as necessary to work toward the regional vision . The information gathered with the measures does not facilitate change as it merely indicates past performance. The Region will be able to learn from the information to allow the Region to " correct its course" by modifying and adjusting its policies and tasks as the Region moves forward. The following table provides some performance metrics for the Central Okanagan. This list is not an exhaustive list as more work and research will be done for the annual and 5 year reporting on the RGS . Indicator Description Why it is important Data Source Measuring population per land area within defined OCP areas. 70% of RDCO is crown land. Higher densities in urban areas are related to more efficient services and less urban sprawl. RDCO GIS- RGS land inventory Communities of the Central Okanagan encourage development within municipalities and serviced areas of the Region as opposed to dispersed development enclaves on outlying crown land. Census Data DA's Measure the commercial floor area and number of residential units within designated urban and village centres as per OCPs. Designated urban and village centres are places where residents can work, shop and enjoy cultural/educational/recreational amenities close to home. A balance of amenities provides a range of services and opportunities so that residents are less likely to need to travel long distances for basic goods and services. BC Assessment Employment Rate Number of persons employed (15 yrs and older) working Employment rates indicate the strength of the local economy. High rates of employment result in stability of the community and social well being. BC Stats Business Licences Any person owning or operating a business within the Central Okanagan Focus on support and retention of businesses in the Region Regional Partners Central Okanagan Number of firms Industry Sector based on NAICS Canada (North American Industrial Classification System) Shows the Regions businesses according to type of economic activity. BC Stats Household Income Average and Median household income Average and Median household income provides an assessment of the net effect of economic and employment strategies. Income levels are an indicator of the strength of the local economy. Compare to provincial levels. BC Stats Income by Source This indicator measures the percentage of total income that comes from three categories of income sources: earnings, government transfers and other money Shows the portion of income from government sources or investments could leave the economy open to vulnerability. BC Stats Indicator Our Land Population Density Composition of urban and village centres RDCO GIS- Land inventory OCP - urban and village centres Our Economy Appendices 41 2013 Central Okanagan Regional Growth Strategy Page 61 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Indicator Indicator Description Why it is important Data Source Building Permits Number of building permits issued for re sidential, commercial, industrial and institutional Identify the level of building activity in the Region . Regional Partners Total employment by sector This indicator measures the percentage of employed people that are working in each sector as an indication of the employment diversity in the Region. This indicator shows the concentration of the labour force in various employment sectors. A predominance of people working in one secto r could mean the Region is more econom ically vulnerable . Alternatively, employment diversification increases resilience to economic downturns. By looking at the changing proportions of employment in each sector, thi s indicator can reveal how the underlying economic health of the Region is changing. BC Stats Our Water Resources Water consumption Total water consumption from the water purveyor distribution systems (litres/capita/day). Water availability is a concern and with population growth and associated development in the Central Okanagan, there is a potential shortfall in supply relative to demand. Regional Partners OBWB Water Quality Ratings Groundwater (Monitoring Wells) and Surface Water Changes in water quality reflect the value we place on and our ability to care for aquatic ecosystems. Changes in the quality of water give us an idea of the success of community efforts to protect water for drinking, swimming, fish, etc. and to respond to factors that affect water quality (e.g.: industrial discharges, sewage treatment methods, development activities, resource extraction, etc.). Regional Partners The number of plans in place indicates a willingness from public agencies to be proactive in addressing issues associated with growth, multiple stakeholders and limited natural resources. Regional Partners # of boil water advisory days (total), by water utility; # of water systems that meet provincial and federal standards #of source water protection plans implemented Source Water Protection Our Health Chronic diseases Number of peop le with chronic disease admitted to KGH Air Quality Air Quality Exceeds the Canada-Wide Standards Interior Health Air pollution has been shown to have detrimental effects on human health- particularly to persons with respiratory ailments. Kelowna Agreements between two or more government entities that set out term s and conditions for use of public property or facilities Help communities and school districts work together to develop joint use agreements in order to increase access to recreational facilities on school grounds that provide opportunities for various services that support health and social well-being. Regional Partners Tracks the success of the protection of agricultural land Preservation of land for agriculture is the first and most important step in ensuring agricultural viability. (for PM 2.5 & Ground level Ozone) Average concentrations (seasonal Jan, Mar, Jun, Sept) Joint Use Agreements/ projects/ programs/ facilities SD 23 Our Food ALR exclusions and inclusions - 20 13 Central Okanagan Regional Growth Strategy ALC Append ices 42 Page 62 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Indicator Indicator Description Why it is important Data Source Agriculture Farm Receipts measures the total value of gross farm receipts (in dollars) Provides a measure of the economic health of the agricultural sector based on financial returns to farm operators and the area of land farmed. Census I Our Housing Housing Starts the number of new units by structural type Illustrates economic health, as well as shows the range of housing types being supported in the marketplace. BC Stats Mix of dwelling units housing mix in the Region A diversity of housing types suggests greater choice for a variety of lifestyles and budgets and supports improved housing affordability Census Housing affordability Difference between median income level and sales price/rental of homes Review the ability of individuals and families to afford housing within the Region. BC Stats %of owner households spending 30% or more of gross income on housing measures the percentage of owner households spending 30% or more of their gross income on housing. Paying more than 30% of gross household income often places strain on both individuals and families. Understand how the Region is fairing with affordability. Census %of renter households spending 30% or more of gross income on housing measures the percentage of renter households spending 30% or more of their gross income on housing. Paying more than 30% of gross household income often places strain on both individuals and families . Understand how the Region is fairing with affordability. Census energy consumption and greenhouse gas emissions from community activities in onroad transportation, buildings and solid waste Province provides the report that measures the GHG profiles to help local governments meet its Climate Action initiatives. Province Annual and cumulative area of parkland and protected areas total amount and percentage of total land area of parks and protected natural areas Parks and protected areas provide habitat and support biological diversity. Where there is limited conservation land, it is more likely to be intensively managed and cultivated potentially at the expense of natural habitat, processes or systems. Regional Partners Environmentally Sensitive Lands the amount of terrestrial environmentally sensitive areas protected by park or protected area The Okanagan in particular represents a biodiversity "hotspot" as it provides unique habitats to wildlife that are found nowhere else in the country. There are more than 1,597 identified species at risk in BC, including 48 species within the RDCO. Regional Partners Municipal solid waste disposal per capita annual amount of municipal solid waste (MSW) disposed in landfills or incinerated by residential, commercial, institutional, demolition, land clearing or construction source Demonstrate how well the Region is doing at reducing waste and the impact on the environment. RDCO Our Climate Community Energy and Emissions Inventory Our Ecosystem Appendices 43 2013 Central Okanagan Regional Growth Strategy Page 63 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item D.2 Indicator Indicator Description Why it is important • - Data Source Reclaimed wastewater discharge Annual volume of waste water discharged to Okanagan Lake from water reclamation plants As population growth increases, potentially increase the amount of waste water being discharged into the lake. Understanding the volume and consider the effluent being discharge will allow monitoring of water quality and identify any potential issues. MOE # km of streets with pedestrian and cycling facilities, # km of cycling infrastructure, # km of sidewalks Providing safe t ransportation routes encourages an alternative to vehicle t ravel Regional Pa rtners Transit usage Annual transit trips per community/route Transit usage illustrates our ability to operate a system that attracts riders, to plan neighbourhoods that are readily serviced by transit, and/or shows a societal shift from dependence on the single occupant vehicle to public transit. Regional Partners Passenger Vehicles Per Capita The number of vehicles per capita is directly related to the number of vehicles on the road. It provides indirect information regarding energy use, air pollution and levels of investment in public road infrastructure. ICBC Our Transportation 1Active Transportation Streets I Our Governance Collaborative Governance Number of regional partnership initiatives Opport unities for the Regional partn ers to spread cost s and benefits over a larger ben efitin g area in ord er to achi eve greater economies and efficiencies. RDCO Com munity Initiatives #of community initiatives supported by Regional District or municipalities Support initiatives that assist in implement ing the RGS. Regional Partn ers H:\PLANN ING\6430·Strategic_Pianning\40-Regional Growth Strategy\Generai\RGS Update (2010 to)\Work Plan\Phase 3\Bylaw and Referra l Process\RGS Draft Bylaw - Pending Boa rd Approvai\RGS Bylaw No 1336 - Schedu le A- Presented Ap ril 28, 2014 plus maps.docx Appendi ces 44 2013 Central Okanagan Regional Growth Strategy Page 64 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.1 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2543 A bylaw to amend the Regional Water Supply and Water Distribution Services WHEREAS the Regional District of North Okanagan has adopted the "Regional District of North Okanagan - Greater Vernon Regional Water Supply Local Service Establishment Bylaw No. 1262, 1994"; for the purpose of providing the local service of regional water supply and water distribution services; AND WHEREAS the Board wishes to amend the service area boundary of the Greater Vernon Water Service; AND WHEREAS the Board has obtained the required consent of at least 2/3 of the participants of the original function, pursuant to Section 802(1)(b) of the Local Government Act; NOW THEREFORE the Board of the Regional District of North Okanagan in an open meeting assembled, hereby ENACTS AS FOLLOWS: CITATION 1. This By-law may be cited as the "Greater Vernon Water Service Establishment Bylaw Amendment No. 2543, 2014 (Schon Springs)". SCHEDULE AMENDMENT 2. Schedule "A" to Bylaw No. 1262, 1994 being Regional District of North Okanagan- Greater Vernon Regional Water Supply Local Service Establishment Bylaw No. 1262, 1994 and amendments thereto is hereby amended by adding the area outlined in black identified on Schedule "A" attached to and forming part of this bylaw. Read a First, Second and Third Time this day of 2014. Consent provided by the participants this day of 2014. Approved by the Inspector of Municipalities this day of 2014. ADOPTED this day of 2014. CHAIR CORPORATE OFFICER Page 65 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.2 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No: 3900/2628 TO: Greater Vernon Advisory Committee FROM: Engineering DATE: April 29, 2014 SUBJECT: Bylaw 2628, 2014 being "Greater Vernon Water Phase 1 Master Water Plan Projects Voting Question Bylaw No. 2628, 2014" and Bylaw 2629, 2014 being "Greater Vernon Water Phase 1 Master Water Plan Projects Loan Authorization Bylaw No. 2629, 2014" RECOMMENDATION 1: That it be recommended to the Board of Directors, Greater Vernon Water Phase 1 Master Water Plan Projects Voting Question Bylaw No. 2628, 2014 be given First, Second and Third Readings. RECOMMENDATION 2: That it be recommended to the Board of Directors, Greater Vernon Water Phase 1 Master Water Plan Projects Voting Question Bylaw No. 2629, 2014 be Adopted. RECOMMENDATION 3: That it be recommended to the Board of Directors, Greater Vernon Water Phase 1 Master Water Plan Loan Authorization Bylaw 2629, 2014 be given First, Second and Third Readings; and further, That Greater Vernon Water Phase 1 Master Water Plan Loan Authorization Bylaw 2629, 2014 be referred to the Inspector of Municipalities for Statutory Approval. BACKGROUND: At a regular meeting of the Board of Directors held on February 19th, 2014, the following resolution was passed: Page 66 of 104 File No.: 3900/2628 & 2629 Re: Bylaws 2628/2629 Dated: April29, 2014 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.2 Page 2 of 3 That staff be directed to proceed to Referendum to approve borrowing of up to $70 Million dollars to fund Phase 1 of the 2012 Master Water Plan comprising the following projects: 11 Water Supply and Treatment 1. Duteau Creek WTP - Stage 1, 110 ML/d 2. Aberdeen Dam Improvements- Raise Dam by 4 m 3. Domestic System Distribution Investments 4. Lavington System Separation 5. Twinning Transmission Main (Oversizing) 6. Okanagan Lake Pump Station Total (2012 Cost Estimate) 2012 Cost Estimate (Million) $26.5 $6.41 $9.80 $19.5 $3.5 $2.6 $68.3 CARRIED." At a regular meeting of the Board of Directors held on March 19th, 2014, the following resolutions were passed: "That the Referendum Process for Greater Vernon Water Master Water Plan Borrowing Referendum be endorsed. "That Director Macnabb be appointed to act as Chair for all public meetings for the Greater Vernon Water Master Water Plan Referendum Process." DISCUSSION: The Process endorsed by the Board of Directions for the Greater Vernon Water (GVW) Master Water Plan Borrowing Referendum included the following Preliminary Schedule to process referendum bylaws: a) On or before May 8, 2014 - GVAC recommend to the BoD the wording of the "referendum question" and referendum bylaw; b) On or before May 16, 2014 - Approval of the referendum bylaw wording by the Board; c) Send the referendum bylaw to Victoria for pre-approval; d) June, July and August - development of detailed communication strategy for review and endorsement by GVAC/BoD; e) September to November - implementation of communication strategy to educate public; and f) November 15, 2014- Municipal Election to include referendum ballot. The Greater Vernon Water Phase 1 Master Water Plan Projects Voting Question Bylaw No. 2628, 2014 and the Greater Vernon Water Phase 1 Master Water Plan Loan Authorization Bylaw 2629, 2014 are being presented to the Greater Vernon Advisory Committee to fulfill the requirements of the preliminary schedule above. At the request of the Ministry of Community, Sport and Cultural Development (MoCSD) the bylaws will also be submitted for preliminary review before being endorsed by the BoD. MoCSD has indicated that they should be able to have their preliminary review completed by the BoD meeting scheduled for May 21, 2014. If these bylaws are endorsed by GVAC and the bylaws are returned from the MoCSD with no or minor edits, staff will present to the BoD. If Page 67 of 104 File No.: 3900/2628 & 2629 Re: Bylaws 2628/2629 Dated: April29, 2014 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.2 Page 3 of 3 amendments to the bylaws are recommended by the MoCSD the changes will be incorporated into the Bylaws for the Board meeting to be held on May 21, 2014. Staff note that the costs reflected in this report with regard to the Phase 1 projects of the 2012 Greater Vernon Water Master Water Plan are based on 2012 dollars and do not reflect inflationary factors or future economic conditions. Public (elector) consent will be obtained for the debt financing through referendum, with the General Voting Date on November 151h, 2014 held in conjunction with the municipal elections. Early voting days will be determined. The voting question for the referendum is included in the bylaw proposed for adoption (Attachment "A"). Attach: Bylaw 2628, 2014 Bylaw 2629, 2014 Approved for inclusion: /z;)~ Rob Smailes, MCIP AIAdministrator Page 68 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.2 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2628 A bylaw to establish the question for other voting on the matter of borrowing up to $70,000,000 to facilitate construction of Phase 1 projects of the 2012 Greater Vernon Water Master Water Plan with repayment of the debt over a twenty (20) year term WHEREAS the Board of Directors has enacted the "Regional District of North Okanagan Greater Vernon Regional Water Supply Local SeNice Establishment Bylaw No. 1262, 1994" for the purpose of providing the local service of regional water supP.IY; AND WHEREAS it is proposed to borrow up to seventy II io dollars ($70,000,000), with repayment of a debt over a twenty (20) year term , to facilit e constr q_tlorJ of Phase 1 projects of the 2012 Greater Vernon Water Master Water Plan with re~ yment of th debt over a twenty (20) year term; AND WHEREAS assent of the electors in the entire Greater Vernon Waters i \ area is being sought in accordance with Section 801 .2 (1 )(b) fttpP{oval by assept of the electQ(_s]~of the Local Government Act for Bylaw 2628, cited as "Grea1'e \)'; rnon Wa er Phase 1 Master Water Plan Projects Voting Question Bylaw No. 2628, 2014"; AND WHEREAS the Board wishes to establish the q estion to be used for other voting by bylaw; CITATION 1. 1 Master Water Plan 2. "Ar ou in favour of he Regional District of North Okanagan adopting Bylaw No. 2629, being "G e,.ater Veri) n Water 2012 Master Water Plan Phase 1 Loan Authorization Bylaw NQ. 2629, ..201 " which authorizes the Regional District of North Okanagan to borrow an a unt not to exceed SEVENTY MILLION DOLLARS ($70,000,000.00) for the purpose of R ying the costs to plan, design and construct the Phase 1 projects of the of 2012 Greater Vernon Water Master Water Plan. Page 69 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.22 Page Bylaw No. 2628. 2014 BALLOT 3. The Ballot to be used for the other voting shall be as per schedule "A" as attached to and forming a part of this bylaw. Read a First, Second and THIRD Time this day of I ADOPTED this day of 12014 Page 70 of 104 2014 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.2 SCHEDULE "A" to Bylaw 2628, 2014 REGIONAL DISTRICT OF NORTH OKANAGAN GREATER VERNON WATER 2012 MASTER WATER PLAN PHASE 1 LOAN AUTHORIZATION BYLAW NO. 2629, 2014 QUESTION "Are you in favour Okanagan adopting Bylaw No. 2629, Vernon Water 2012 Master Water Plan Authorization Bylaw No. 2629, Regional District of North Okana not to exceed SEVENTY ($70,000,000.00) for t plan, design and co~strH 2012 Greater Vern NO[] Page 71 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.2 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2629 A bylaw to authorize the borrowing of up to $70,000,000 to facilitate construction of Phase 1 projects of the 2012 Greater Vernon Water Master Water Plan with repayment of the debt over a twenty (20) year term WHEREAS pursuant to Section 823 [Regional district loan authorization bylaws] of the Local Government Act, R.S.B.C., 1996, Chapter 323, and Section 179 [Loan authorization bylaws for long term borrowing] of the Community Charter, S.B.C. , 2003, Cha 26, as amended, and Regulations passed pursuant thereto, the Board of the Regional Di tri of North Okanagan may, by a Loan Authorization Bylaw, borrow money for any purpo of a capital nature to facilitate construction of Greater Vernon Water Service projects rela ing 0 liase 1 projects of the 2012 Greater Vernon Water Master Water Plan; AND WHEREAS this Bylaw relates to the Greater :v'e~on Water Servi stablishing Bylaw, established pursuant to Bylaw 1262, 1994 cited ra§l" Regional District o f!!JtJrth Okanagan Greater Vernon Regional Water Supply Local SerVice Establishment Bylaw o. 1262, 1994" and amendments thereto to provide for acquiring n constructi , water supply and distribution facilities and operating maintaining, repairing an replacing water supply and distribution faci lities for the Greater Vernon Water su ply and distri utio 'system , amongst other things; AND WHEREAS t~ participating area is all Qf the City of Vernon , District of Goldstream and those portions of lect.oral Areas "8,. and "C" pf the Regional District of North Okanagan as established in the ~wcmal Dj s ric · of.._North <S>ka~agan - Greater Vernon Regional Water Supply Local Service Es a /~meat Bylaw No. 126~, 1994; AND WHERE S fqursuant to Section 801.2 (1)(b) [Approval of the electors by voting] of the Local Governmen Act ne required assent of the electors within the entire service area has been obtained for I:)Qzrowing money for any purpose of a capital nature to facilitate construction of Phase 1 projects or tlie 2012 Greater Vernon Water Master Water Plan with repayment of the debt over a twenty (20) year term ; NOW THEREFORE the Board of the Regional District of North Okanagan, in open meeting assembled, hereby ENACTS AS FOLLOWS: CITATION 1. This Bylaw may be cited as "Greater Vernon Water Phase 1 Master Water Plan Projects Loan Authorization Bylaw No. 2629, 2014". Page 72 of 104 Bylaw No. 2629. 2014 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.2 Page2 LOAN AUTHORIZATION 2. The Regional District of North Okanagan is hereby empowered and authorized to borrow upon the credit of the Regional District a sum of seventy million dollars ($70,000,000). 3. The debt incurred in this Loan Authorization Bylaw relates specifically to the Greater Vernon Water Service. 4. This debt is being incurred to provide capital financing to facilitate the construction of Greater Vernon Water Service projects relating to Phase 1 projects of the 2012 Greater Vernon Water Master Water Plan. 5. All of the debt being incurred in this Loan Authorization B. aw is for the sole purpose of providing capital financing to facilitate the constructio~of Greater Vernon Water Service projects relating to Phase 1 projects of the 2012 Greater e r:1on Water Master Water Plan. 6. m the benefitting pro e ies located within The annual debt charges shall be recovered the City of Vernon, District of Goldstream, nd Electoral Areas "B" and 'C f the Regional District of North Okanagan. 7. The maximum term for which a debenture debt may,~ e issued to secure the debt created by this bylaw is for a term not to xceed twenty (20 years. Jr day of ' 2014 day of ' 2014 this day of ' 2014 this day of ' 2014 Corporate Officer Page 73 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.4 REGIONAL DISTRICT of NORTH OKANAGAN MEMORANDUM File No.: 14-0095-F-ALR TO: Electoral Area Advisory Committee FROM: Planning Department DATE: April 28, 2014 Agricultural Land Commission Inclusion application for Ann Hatfield and Don Richards, 1866 Enderby Mabel Lake Road, Electoral Area “F” SUBJECT: RECOMMENDATION: That the application under Section 17(3) of the Agricultural Land Commission Act to include into the Agricultural Land Reserve the non-ALR portion of the property legally described as That Part NW ¼, Sec 27, Lying to the West of the Right Bank of the Shuswap River as Shown on Plan B17102, Twp 18, R7, W6M, KDYD, Except Plan 34054 and located at 1866 Enderby Mabel Lake Road be authorized for submission to the Agricultural Land Commission. BACKGROUND: On June 26, 2013, the Board of Directors supported an application for a one lot plus remainder subdivision of the property located 1866 Enderby Mabel Lake Road subject to the inclusion of the non-ALR portion of the property into the Agricultural Land Reserve. The proposal is shown on the attached plan. On November 28, 2013 the Agricultural Land Commission (ALC) issued Resolution #412/2013 (as attached) that conditionally approved the proposed subdivision subject to an ‘Inclusion’ application for the Commission to review and approve. To comply with the above noted resolutions of the Board of Directors and the ALC, the owners of the property have submitted an application to include the non-ALR portion of their property into the ALR. The Planning Department recommends that the application be authorized for submission to the ALC as it has already been approved in principle by the Board of Directors and the ALC. Prepared by: Reviewed by: Lynda Fraser Planning Assistant (Temp) Greg Routley Deputy Planning Manager Page 74 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.4 ELECTORAL AREA "F" AGRICULTURAL LAND COMMISSION APPLICATION SUBJECT PROPERTY MAP File: Applicant: Location: 14-0095-F-ALR Ann Hatfield and Keith Richards 1866 Enderby Mabel Lake Road Page 75 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.4 Agricultural Land Commission 133-4940 Canada Way Burnaby, British Columbia V5G 4K6 Tel: 604 660-7000 Fax: 604 660-7033 www.alc.gov.bc.ca January 29, 2014 ALC File: #53323 Keith Richards and Ann Hatfield 1866 Mabel Lake Road Enderby, BC VOE 1VS Re: Application to Subdivide Land in the Agricultural Land Reserve CALR) Please find attached the Minutes of Resolution #412/2013 as it relates to the above noted application. The Commission has also attached a sketch plan depicting the decision. Please send two (2) paper prints of the final survey plans to this office. When the Commission confirms that all conditions have been met, it will authorize the Registrar of Land Titles to accept registration of the plan. Further correspondence with respect to this application is to be directed to Ron Wallace. Yours truly, PROVINCIAL ~URAL LAND COMMISSION Per: \ L Brian Enclosures: MiA tes of Resolution #412/2013 Sketch plan cc: North Okanagan Regional District (File: 13-0068-F-ALR) 53323d1 6~ 370:) \Mdvs'tol-'- D.\1:\ i02\ lOll\. Page 76 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.4 ~ MINUTES OF THE PROVINCIAL AGRICULTURAL LAND COMMISSION A meeting was held by the Provincial Agricultural Land Commission on November 28, 2013 at the offices of the Commission located at #133- 4940 Canada Way, Burnaby, B.C. as it relates to Application #53323. COMMISSION MEMBERS PRESENT: Richard Bullock Jennifer Dyson Gordon Gillette Sylvia Pranger Bert Miles Jim Johnson Jerry Thibeault Lucille Dempsey Denise Dowswell Jim Collins Chair Vice-Chair Vice-Chair Vice-Chair Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner COMMISSION STAFF PRESENT: Ron Wallace Brian Underhill Colin Fry PROPOSAL Land Use Planner Executive Director Executive Director (Submitted pursuant to section 21 (2) of the Agricultural Land Commission Act) The proposal to subdivide the property by creating one 8.0 ha parcel and one 8.89 ha parcel near a natural divide of landforms and soils. The proposed northern parcel (proposed Lot A) would contain the existing driveway and buildings while the proposed south parcel (proposed Lot B) would be vacant. A new driveway from Enderby Mabel Lake Road would be constructed for proposed Lot B. The owners have supplied an Agrologist Report prepared by Wayne A Blashill, P.Ag. which rates the southerly (non-ALR) portion of the subject property as Class 5 with an improvement rating of Class 3. The southern half of the ALR portion of the subject property is rated Class 7. The northern half of the ALR portion of the subject property is rated as Class 5 with an improvement rating of Class 3. PROPERTY INFORMATION: Owners: Don Keith Richards and Ann Hatfield Legal: PID: 014-015-862 That Part NW % Section 27 Lying to the West of the Right Bank of Shuswap River as shown on Plan B17102 Township 18 Range 7 West of the 61h Meridian Kamloops Division Yale District Except Plan 34054 Location: 1866 Mabel Lake Road, Enderby, BC Size: 17.4 ha (16.0 ha within the ALR) Minutes of Resolution #4 12/201 3- ALC Application #53323 Page 77 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.4 Page 2 of 3 LEGISLATIVE CONTEXT FOR COMMISSION CONSIDERATION Section 6 (Purposes of the commission) of the Agricultural Land Commission Act states: 6 The following are the pu~poses of the commission: (a) to preserve agricultural land; (b) to encourage farming on agricultural land in collaboration with other communities of interest; and (c) to encourage local governments, first nations, the government and its agents to enable and accommodate farm use of agricultural land and uses compatible with agriculture in their plans, bylaws and policies. COMMISSION CONSIDERATION After considering the information the Commission concluded as follows: 1. The Agrologist Report (the "Report") prepared by Wayne A· Blashill, P.Ag . found that the southern half of the ALR portion of the subject property is rated as Class 7 with an improved rating of the same. The subclasses associated with this rating are identified as topography, stoniness and shallow soil over bedrock outcroppings. The Report rates the southerly (non-ALR) portion of the subject property as Class 5 with an improvement rating of Class 3 with limitations associated with soil moisture deficiency and undesirable soil structure. The northern half of the ALR portion of the subject property is rated as Class 5 with an improved rating of Class 3 with limitations associated with shallow soil over bedrock and excess water. Class 3 - Land in this class has limitations that require moderately intensive management practices or moderately restrict the range of crops, or both. Class 5 - Land in this class has limitations that restrict its capability to producing perennial forage crops or other specially adapted crops. Class 7 - Land in this class has no capability for arable or sustained natural grazing The owner has indicated that a topographical divide exists between proposed Lots A and B which prohibits using the parcel as one agricultural unit. Conclusion: The Commission acknowledges that the northern half of the property with an improved rating of Class 3 has good capability for agriculture and that the steep and rocky topography at about halfway up the property (i.e. the same place at which the owner proposes to subdivide the property) limits the ability to farm the property as one unit. Conclusion: Given that the Report rates the southerly (non-ALR) portion of the subject property as Class 5 with an improvement rating of Class 3 and is identified as being capable of supporting agriculture, the Commission requires the submission of an. inclusion application for this land to be put into the ALR. It is further noted that inclusion of these lands would limit the potential for future subdivision along the ALR boundary of proposed Lot B. Minutes of Resolution #4 12/2013- ALC Application #53323 Page 78 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.4 Page 3 of 3 IT WAS MOVED BY: SECONDED BY: Commissioner Dyson Commissioner Thibeault THAT the proposal to subdivide the subject property by creating one ±8.0 ha parcel and one ±8.89 ha parcel be conditionally approved. AND THAT the final approval is subject to: 1. The subdivision be in substantial compliance with the plan submitted with the application; 2. The submission of a new application to include the non-ALR portion of proposed Lot B into the ALR; 3. The subdivision plan must be completed within three (3) years from the date of this decision; AND FINALLY THAT this decision does not relieve the owner or occupier of the responsibility to comply with applicable Acts, regulations, bylaws of the local government, and decisions and orders of any person or body having jurisdiction over the land under an enactment. CARRIED Resolution #412/2013 Minutes of Resolution #412/201 3- ALC Application #53323 Page 79 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.4 Provincial Agricultural Land Commission Application #53323 Resolution #412/2013 ~-~-· sJbject property ~ :~::= ~ ~~~~~ Approv ed for subdivision In the ALR .I Page 80 of 104 INon-ALR land to be Included Into ALR BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.4 tN f!JP ••\..!••j•• .....,.., 1.,'.... . ,,. ,, 4 Oil LOT I Rqad <lT'M r40'<1. , 4 . 469 lUI. (f111JMIN:/IIr " JG.B9 frQ,) Ar.n ufldfr wflf•r • 1,82'7' 1/tl, ~o• ~ IV. 1/4 R-for~ ~~ORSS Plan fl(l/02 TJ..s\vl<~ 27 D "' ( t PRot=>o-s.E:p o.-· Page 81 of 104 'Dl\1\!)\0l'{ WNf£. BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.9 EXECUTIVE SUMMARY EXECUTIVE SUMMARY T his investigation was initiated to examine how the provincial government has administered the Riparian Areas Regulation (RAR) since it was enacted in 2005.1 This report illustrates how a gap between commitment and action can lead to administrative unfairness. Riparian areas include the trees and other vegetation that line the banks of streams. These areas are essential to maintaining the health of streams, and, in turn, the fish that live in them, such as salmon. The RAR, enacted under the Fish Protection Act, ensures that in the 15 regional districts where it applies, riparian areas are considered and protected in the development process. Before a landowner or proponent can begin a development project within a riparian assessment area, they must hire a qualified environmental professional (QEP) to assess the site and determine the size of the streamside protection and enhancement area (SPEA). The SPEA is the area bordering the stream within which development is prohibited. The QEP must then provide the ministry with a written report containing an opinion that the development will not harm fish or their habitat. The ministry, in turn, notifies the local government and Fisheries and Oceans Canada (DFO) that it has received the report. The RAR prohibits local government from approving or allowing development until notification has been received from the ministry. The RAR uses a “professional reliance” model to meet its objectives. Under this model, the ministry relies on the judgment and expertise of professionals to ensure that riparian areas are adequate to protect fish habitat. The underlying philosophy is that with QEPs doing the work on the ground, government resources focus on oversight activities – monitoring, reporting and enforcement. The RAR is one of many environmental protection and resource management programs in British Columbia that use the professional reliance model. Our investigation highlights the challenges of implementing this model in the RAR context. We found that environmental protection programs such as the RAR must strike an appropriate balance between professional reliance and effective governmental oversight to work effectively. Investigative Process The public agency involved in this investigation is the Ministry of Forests, Lands and Natural Resource Operations, which took over responsibility for administering the RAR from the Ministry of Environment in 2010. Our investigation included a review of provincial and federal legislation and regulations, as well as meetings with staff at the ministries. We obtained and reviewed extensive information provided by both ministries involved in the investigation. We also met with and obtained input from the public, local governments, professional associations, environmental organizations and other interested stakeholders. 1 Throughout this report, unless otherwise specified, the term “ministry” refers to the provincial government ministry having responsibility for the administration of the RAR. Until October 2010, this was the Ministry of Environment. From October 2010 to March 2011, it was the Ministry of Natural Resource Operations, and since March 2011, it has been the Ministry of Forests, Lands and Natural Resource Operations. Page 82 of 104 STRIKING A BALANCE 9 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.9 EXECUTIVE SUMMARY Findings and Recommendations This report includes 21 findings and 25 recommendations directed at the Ministry of Forests, Lands and Natural Resource Operations. This summary groups our conclusions and recommendations into four broad categories: Regulatory Authority, Oversight of the Professional Reliance Model, Oversight of Reports and Development, and Public Information, Access and Complaints. Those who are interested in the information leading to these conclusions and recommendations are invited to read the relevant sections of the full report which provide a more complete understanding of the context in which the recommendations have been made. Regulatory Authority In the course of our investigation, it became clear that in order to ensure that the ministry is able to effectively carry out its oversight role, regulatory change to the RAR was necessary. Local Government Compliance The RAR can only be administered effectively if the Ministry of Forests, Lands and Natural Resource Operations has the ability to ensure that local governments are effectively protecting riparian areas. The ministry has indicated that it is committed to supporting local governments in implementing the RAR. Although the ministry has also taken steps to ensure local government compliance, some local governments have not yet fully implemented the RAR. Currently, the ministry cannot ensure local governments implement the RAR, or that local governments implement the RAR in a way that allows the ministry to conduct compliance monitoring. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations review, by October 1, 2014, local government implementation of and compliance with the Riparian Areas Regulation and report publicly on the results of that review. (R1) • I also recommended that the Ministry of Forests, Lands and Natural Resource Operations work with local governments to bring them into compliance with the Riparian Areas Regulation (RAR). If the ministry is not able to achieve full compliance of local governments with the RAR, the ministry should, by October 1, 2015, develop a mechanism to allow the ministry to require local government compliance with the RAR. (R2) The Ministry of Forests, Lands and Natural Resource Operations has accepted these recommendations. Local Government Authority Before 2011, the ministry and DFO allowed local governments to make minor variations to the streamside protection and enhancement areas (SPEAs) defined in an assessment report prepared by qualified environmental professionals (QEPs).2 The British Columbia Court of Appeal found in its 2011 decision in Yanke v. Salmon Arm (City) that there was no legal foundation in the RAR for local governments to vary SPEAs established by QEPs.3 10 OFFICE OF THE OMBUDSPERSON 2 Assessment reports are discussed further in the Monitoring QEP Compliance section of this report. 3 Yanke v. Salmon Arm (City), 2011 BCCA 309. Page 83 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.9 The ministry has not updated the Riparian Areas Regulation Implementation EXECUTIVE SUMMARY Guidebook to accurately reflect the scope of local government power to vary streamside protection and enhancement areas following the Court of Appeal’s decision in Yanke v. Salmon Arm (City). • I recommended that the Ministry of Forests, Lands and Natural Resource Operations clarify the scope of the authority of local governments to vary streamside protection and enhancement areas in accordance with the Riparian Areas Regulation and, once it has done so, update the Riparian Areas Regulation Implementation Guidebook. (R3) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. Authority to Review Reports The Ministry of Forests, Lands and Natural Resource Operations, with a staff that includes biologists and other resource professionals, is in the best position to review reports and determine whether a QEP has acted within his or her area of expertise and has followed the assessment methods. However, in its 2011 decision in Yanke v. Salmon Arm (City), the British Columbia Court of Appeal found that, contrary to previous practice, the ministry does not have discretion to withhold or delay notification to local government that it has received a report from a QEP concerning a particular development.4 This decision raises serious questions about what the ministry can do if it determines that a report is non-compliant with the RAR. The ministry itself identified the problem arising from the Yanke decision, the potential solution, and the negative consequences of doing nothing at all. However, the ministry has not taken reasonable steps to amend the RAR to allow it to postpone notification to local governments until its reviews of assessment reports are complete, or to require QEPs to amend their reports to ensure compliance with RAR assessment methods. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations take steps, on or before October 1, 2014, to have the Riparian Areas Regulation (RAR) amended to allow the ministry to postpone notification to local governments until its reviews of assessment reports are complete and any required amendments to reports to ensure compliance with the RAR assessment methods have been made. (R12) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. Oversight of the Professional Reliance Model The use of professionals to prepare reports is the distinguishing feature of a professional reliance model such as the RAR. Under the RAR, a qualified environmental professional (QEP) must prepare an assessment report to determine the size of and prescribe protective measures for the streamside protection and enhancement area (SPEA). An individual conducting an assessment under the RAR should be properly qualified, trained and follow appropriate professional guidelines. 4 Yanke v. Salmon Arm (City), 2011 BCCA 309, paras 30–31. For a summary of the facts of the case, see the Administration of the Riparian Areas Regulation section of this report. Page 84 of 104 STRIKING A BALANCE 11 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.9 EXECUTIVE SUMMARY Membership in a Professional Association Under the RAR, an individual conducting an assessment must be a member in good standing of a professional association. The ministry, however, has not taken adequate steps to confirm that all persons acting as QEPs and submitting reports to the ministry are registered and in good standing with an appropriate professional association. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations develop a reliable process for confirming that, at the time an assessment report is submitted, all QEPs involved in its preparation are registered and in good standing with one of the appropriate professional associations. (R4) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. Training and Professional Development QEP knowledge of the RAR and its proper application is central to preparing a RAR assessment. The ministry has not taken steps to ensure that individuals who are eligible to conduct assessments under the RAR have successfully completed the RAR training course. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations take steps to amend the Riparian Areas Regulation (RAR) to ensure that successful completion of a training course is mandatory for all individuals who are eligible to conduct assessments under the RAR and that a list of individuals who have successfully completed the course is publicly available. (R5) • I also recommended that the Ministry of Forests, Lands and Natural Resource Operations establish a process for regularly providing all individuals who conduct assessments under the RAR with updates about changes to the RAR or its administration. (R6) The Ministry of Forests, Lands and Natural Resource Operations has accepted these recommendations. Development of Professional Guidelines Although the assessment methods explain the steps involved in conducting an assessment under the RAR, they do not address how QEPs are expected to exercise their professional judgment when doing so. The assessment methods set out in the RAR provide insufficient guidance on conducting assessments and do not hold individuals who are authorized to conduct assessments to an enforceable standard of professional conduct. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations work with professional associations to draft professional guidelines for use by individuals who conduct assessments under the Riparian Areas Regulation that are designed to constitute an enforceable standard of professional conduct. (R7) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. 12 OFFICE OF THE OMBUDSPERSON Page 85 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.9 Oversight of Reports and Development EXECUTIVE SUMMARY Assessment Report Expiry Dates Once a report is submitted, it remains on the ministry’s system indefinitely and cannot be removed by the QEP or proponent. Assessment reports may be completed without a clearly defined development plan many years in advance of any development actually occurring. This means that the conditions at the site may change in the time between the report being completed and the development commencing. The ministry has not established any expiry date for assessment reports. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations establish an expiry date for assessment reports. (R8) • I also recommended that the Ministry of Forests, Lands and Natural Resource Operations establish a process to ensure that ministry staff, Fisheries and Oceans Canada (DFO) and local governments, qualified environmental professionals (QEPs) and proponents involved in a project that requires an assessment report are automatically notified when that assessment report has expired. (R9) The Ministry of Forests, Lands and Natural Resource Operations has accepted these recommendations. Initial Review of Reports Part of the ministry’s compliance monitoring process is to review assessment reports. The ministry told us its goal is to gather information on QEP compliance and identify issues of concern. This allows the ministry to better administer the RAR. Until July 2009, the ministry reviewed every assessment report it received. In 2009, the ministry determined that reviewing 20 per cent of reports submitted in each region would be an appropriate rate of review. The ministry did not provide us with a clear rationale for this decision. The ministry did not have information to determine whether reviewing 20 per cent of assessment reports in each region was adequate or appropriate. Having established this audit goal, though, the ministry did not meet it. The ministry has not ensured that each region meets the ministry’s goal of reviewing 20 per cent of the RAR assessment reports submitted each year. The ministry has also failed to establish that even if complied with, this goal would reliably identify an acceptable level of compliance by QEPs. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations review all of the Riparian Areas Regulation assessment reports submitted to the ministry each year. (R10) The Ministry of Forests, Lands and Natural Resource Operations has not accepted this recommendation. Monitoring QEP Compliance Under the professional reliance model, government allocates resources to monitor the work done by professionals. The importance of ongoing monitoring of QEPs is recognized in the ministry’s own documents. However, this monitoring is not a priority in most regions. The monitoring that has been done has identified levels of non-compliance that need follow-up to ensure that QEPs are working within the requirements of the RAR. STRIKING A BALANCE Page 86 of 104 13 EXECUTIVE SUMMARY BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.9 Since few assessment reports are being reviewed in most regions, the ministry is missing opportunities to identify and respond to non-compliance. The ministry has not ensured that processes are in place across all its regions to identify and address non-compliance by QEPs. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations ensure adequate processes are in place and utilized in each region to detect and follow up on concerns about non-compliance with the Riparian Areas Regulation by a QEP identified through compliance monitoring and, where necessary, to make a complaint to the QEP’s professional association. (R11) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. In addition, the ministry needs to record and track its own responses to any noncompliance, as well as those of a local government and DFO. Information about non-compliance gathered through monitoring is of little use if the ministry does not know whether the non-compliance was ever adequately addressed. The ministry does not record or track, in a centralized and accessible way, the information that it does collect through compliance monitoring, including information on whether non-compliance is referred to another public agency and, if it was, how the other agency responded. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations develop a system that: (A) tracks, in a centralized and accessible way, the results of compliance monitoring (B) records whether non-compliance is referred to another agency and, if it is, how that agency responds to the non-compliance. (R15) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. Site Visits Site visits are an essential part of the ministry’s oversight of the RAR. Site visits allow the ministry to determine whether riparian areas are being protected. The ministry developed a statistical framework for determining the number of sites to visit each year. The ministry is not conducting the minimum number of site visits required by its monitoring framework, and is therefore unable to meet its goal of being 90 per cent confident that non-compliance is no greater than 10 per cent. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations ensure all regional offices conduct a number of site visits each year that is consistent with the ministry’s site visit framework, and if the goal of 90 per cent confidence that non-compliance is no greater than 10 per cent is not met, take further steps to ensure compliance. (R13) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. Furthermore, some sites may never be subject to a visit by the ministry. The ministry creates a list of potential sites to visit based on the reports submitted in the previous calendar year. If development has not yet occurred at a site, however, it is removed from the site visit list and is not considered for any future visits. The current process used by the ministry for selecting sites to visit exempts sites where development has not commenced at the time a site visit is scheduled. 14 OFFICE OF THE OMBUDSPERSON Page 87 of 104 • BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.9 I recommended that the Ministry of Forests, Lands and Natural Resource Operations EXECUTIVE SUMMARY develop a system of site monitoring that ensures all development sites that have not yet been subject to a site visit remain eligible for selection for a site visit. (R14) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. Monitoring Proponent Compliance Post-development reports are an effective and efficient way of both mitigating the need for enforcement (by providing proponents with motivation to follow the QEP’s recommendations) and providing local governments, DFO and the ministry with the information necessary to take enforcement measures in cases of non-compliance. During our investigation, we reviewed assessment reports submitted to the ministry. QEPs had, in some cases, submitted a “post-development report,” certifying that the development was complete and that the measures identified to protect the SPEA had been followed. Unfortunately, this does not occur regularly. There is conflicting information about whether post-development reports are required under the RAR, and who might be responsible for doing them. The ministry has not established adequate and consistent requirements for monitoring proponent compliance with the RAR after an assessment report has been accepted by the ministry. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations develop a process, under section 5(a) of the Riparian Areas Regulation (RAR) for every development that triggers a RAR assessment, that: (A) requires a post-development report be prepared by a QEP to show that the measures set out in the assessment report have been properly implemented (B) tracks whether a local government has given initial approval to the development, whether development has started, and whether a post‑development report has been submitted (C) alerts the ministry when a post-development report has not been submitted within a reasonable time after development is complete (D)requires the ministry to take appropriate action if no post-development report is submitted (E) requires the ministry to review post-development reports that have been submitted and take appropriate action where the post-development report identifies non-compliance with the RAR. (R16) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. Evaluating the Effectiveness of the Riparian Areas Regulation Effectiveness monitoring is essential to determining the value of the RAR program in protecting riparian areas, as it is used to determine whether the goals of a program have been met. In the case of the RAR, this could mean examining whether the SPEAs are sufficient to protect the ecology of a riparian area or whether the RAR’s protections have led to revegetation of previously disturbed areas. The ministry does not currently have a process in place for monitoring the effectiveness of the RAR in protecting riparian areas. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations take steps to implement a program of regular effectiveness monitoring in all regions subject to the Riparian Areas Regulation. (R25) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. Page 88 of 104 STRIKING A BALANCE 15 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.9 EXECUTIVE SUMMARY Public Information, Access and Complaints Provision of Information The provision of adequate public information is central to the democratic principles of openness and transparency. Information is a cornerstone of administrative fairness as it allows the public to know and understand whether programs are being operated in a fair and reasonable manner. Making information about environmental protection programs available allows the public to have confidence that the government is meeting its obligations as a steward of the environment and British Columbia’s natural resources. The public should be able to easily find out who is responsible for the RAR, and have access to information about how the program is functioning. The ministry did not adequately communicate the transfer of responsibility for administration of the RAR in October 2010 and has still not ensured that public information accurately reflects its responsibility for the RAR. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations, by June 30, 2014, update all its publicly available information to accurately reflect the ministry’s responsibility for the Fish Protection Act and the Riparian Areas Regulation. (R17) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. The ministry also has not ensured that public information about the RAR is up to date. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations review, on an annual basis, all programs it is responsible for to ensure that publicly available information is up to date and accurate. (R18) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. The ministry has not reported on the implementation or administration of the RAR since it became responsible for administering the RAR in October 2010, and has not made any reports public since that date. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations report publicly on an annual basis about its administration of the Riparian Areas Regulation (RAR), including reporting on the activities related to the RAR set out in the Intergovernmental Cooperation Agreement. The 2014 annual report be accompanied by annual reports for each of the years 2010, 2011, 2012 and 2013. (R19) • I further recommended that, beginning in 2014, the Ministry of Forests, Lands and Natural Resource Operations, in addition to reporting on the activities set out in the Intergovernmental Cooperation Agreement, report publicly on an annual basis about its administration of the Riparian Areas Regulation (RAR), including: (A) the number of notifications received and the number of assessments reviewed by each region, the issues identified in those reviews and measures taken to address any issues 16 OFFICE OF THE OMBUDSPERSON (B) steps taken by the ministry to monitor the compliance of qualified environmental professionals (QEPs), proponents and local governments with the RAR, the results of that monitoring, and measures taken to improve compliance Page 89 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.9 (C) steps taken by the ministry to monitor the effectiveness of the RAR, the EXECUTIVE SUMMARY results of that monitoring, and measures taken to improve the effectiveness of the RAR (D)any regulatory or administrative changes affecting the RAR. (R20) The Ministry of Forests, Lands and Natural Resource Operations has accepted these recommendations. As part of the Intergovernmental Cooperation Agreement, the ministry also committed to making assessment reports publicly available, searchable and accessible. While the ministry has considered making its electronic notification system accessible to the public it has not yet done so. Currently, the notification system is accessible only by QEPs (with access limited to their own reports), local governments and ministry employees. This is the case even though there is a model provided by the Ministry of Environment’s EcoCat, a publicly accessible ecological reports catalogue which contains similar reports.5 As the public does not have access to the reports, this limits the ministry’s ability to rely on complaints from the public to learn about and respond to areas of concern. Members of the public can find it difficult to raise concerns if they do not know what is contained in a report. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations work with the Ministry of Environment to make Riparian Areas Regulation assessment reports and their associated electronic mapping files available to the public through EcoCat or a similar publicly accessible, searchable electronic database by October 1, 2014. (R21) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. Concerns and Complaints Complaints from the public can draw the ministry’s attention to issues or concerns that may impact the effective administration of the RAR. While the ministry cannot rely solely on complaints to trigger monitoring and enforcement, complaints can make the ministry aware of a problem and the need to resolve it. An effective complaints process requires clear procedures for receiving, responding to and tracking complaints. The ministry has not taken steps to develop a clearly documented and accessible process that allows people to raise concerns or make complaints about the operation of the RAR. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations establish a clearly documented and accessible process that allows people to raise concerns or make complaints about the operation of the Riparian Areas Regulation. (R22) The Ministry of Forests, Lands and Natural Resource Operations has accepted this recommendation. The ministry also does not have consistent and reliable data about the number of RAR-related concerns or complaints it receives or how it has responded to those complaints. Tracking, analyzing and reporting on RAR complaints are essential parts of the fair administration of the RAR program, and are consistent with the ministry’s 5 Ministry of Environment, “EcoCat: The Ecological Reports Catalogue” <http://www.env.gov.bc.ca/ecocat/>. Page 90 of 104 STRIKING A BALANCE 17 EXECUTIVE SUMMARY BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item E.9 existing protocol and its commitments under the Intergovernmental Cooperation Agreement. • I recommended that the Ministry of Forests, Lands and Natural Resource Operations establish an electronic complaint tracking process that allows the ministry to accurately track, analyze and respond to concerns and complaints it receives about the Riparian Areas Regulation. (R23) • I also recommended that the Ministry of Forests, Lands and Natural Resource Operations publicly report regional data about concerns and complaints on an annual basis. (R24) The Ministry of Forests, Lands and Natural Resource Operations has accepted these recommendations. Conclusion When the RAR was originally enacted, the ministry and other stakeholders worked hard to effectively implement the Regulation. These efforts show a genuine willingness to create a program that protects and maintains fish habitat. In the Intergovernmental Cooperation Agreement signed in 2008, the ministry committed to take actions that, if carried out, would have enhanced the administration of the RAR. Unfortunately, the initial activity that accompanied the development of the RAR did not lead to an adequate and reasonable level of oversight by the ministry. This report has resulted in 21 findings and 25 recommendations to improve the ministry’s administration of the RAR. It will hopefully serve as an example for other areas where professional reliance models are already in place or are contemplated. The ministry has accepted and committed to implementing 24 of the 25 recommendations. In March 2014, Bill 18, the Water Sustainability Act was introduced. Bill 18 updates and renames the Fish Protection Act to the Riparian Areas Protection Act. This reflects the continued importance of protecting riparian areas. _____ 18 OFFICE OF THE OMBUDSPERSON Page 91 of 104 _____ BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1a REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a REGULAR meeting of the ELECTORAL AREA ADVISORY COMMITTEE of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Thursday, May 8, 2014 Members: Director B. Fleming Director R. Fairbairn Director M. Macnabb Director E. Foisy Director J. Pearase Electoral Area “B” Electoral Area “D” Electoral Area “C” Electoral Area “E” Electoral Area “F” Staff: L. Mellott R. Smailes G. Routley A. Kittel L. Frank J. DeGroot C. Elley General Manager, Electoral Area Administration General Manager, Planning and Building Deputy Planning Manager Regional Growth Strategy Coordinator Sustainability Coordinator Executive Assistant, Planning and Building Clerk (taking minutes) Also Present: R. Morgan Public Regional Crime Prevention Coordinator Chair Vice Chair CALL MEETING TO ORDER The meeting was called to order at 2:00 p.m. APPROVAL OF AGENDA Regular Agenda – May 8, 2014 Moved and seconded by Directors Macnabb and Fairbairn That the Agenda of the May 8, 2014 Electoral Area Advisory Committee meeting be approved as presented. CARRIED ADOPTION OF MINUTES Electoral Area Advisory Committee – April 3, 2014 Moved and seconded by Directors Macnabb and Pearase That the minutes of the April 3, 2014 Electoral Area Advisory Committee Meeting be adopted as circulated. CARRIED Page 92 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1a Electoral Area Advisory Committee Minutes – Regular -2- May 8, 2014 DELEGATIONS Vernon / North Okanagan Safe Communities Unit The Regional Crime Prevention Coordinator provided an update on activities he has undertaken over the past month. Moved and seconded by Directors Macnabb and Foisy That the report dated April 28, 2014 from the Vernon / North Okanagan Detachment – Safe Communities Unit be received for information. CARRIED Mabel Lake Holiday Centre Ltd. c/o T. Laursen Development Variance Permit Application Terry Laursen of the Mabel Lake Holiday Centre Ltd. spoke in favour of the application regarding the parking lot for the new marina. A. and N. Giesbrecht Development Permit with Variances Application Noreen Giesbrecht spoke regarding the IHA septic requirements. It was suggested to follow up with the building inspector to see if the building permit could be issued without IHA approval. One written submission was received from Abbie Wellington of 6909 Highway 97A who expressed concerns regarding keeping the alley way and fire lane clear of any vehicles. D. and D. Teale Development Variance Permit Application Dennis Teale spoke in favour of the application. G. Bouffard and D. Becker c/o W.E. Maddox Waiver of Lot Frontage Ginnette Bouffard and Doug Becker spoke in favour of the application. NEW BUSINESS Agriculture Land Commission Application A. Hatfield and K. Richards (File No.: 14-0095-F-ALR) Moved and seconded by Directors Pearase and Fairbairn That it be recommended to the Board of Directors that the application under Section 17(3) of the Agricultural Land Commission Act to include into the Agricultural Land Reserve the non-ALR portion of the property legally described as That Part NW ¼, Sec 27, Lying to the West of the Right Bank of the Shuswap River as Shown on Plan B17102, Twp 18, R7, W6M, KDYD, Except Plan 34054 and located at 1866 Enderby Mabel Lake Road be authorized for submission to the Agricultural Land Commission. CARRIED Page 93 of 104 Electoral Area Advisory Committee Minutes – Regular BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1a -3- May 8, 2014 Development Variance Permit Application Mabel Lake Holiday Centre Ltd. c/o T. Laursen (File No.: 14-0010-F-DVP) Moved and seconded by Directors Pearase and Foisy That it be recommended to the Board of Directors that upon consideration of input from adjacent landowners, a Development Variance Permit be issued for the property legally described as Lot B, DL 2415, ODYD and Sec 14, Twp 19, R6 W6M, KDYD, Plan KAP45947 and located at 3501 Enderby Mabel Lake Road, Electoral Area “F” to allow a variance to Sections 1101.2.e.iii.c and 1101.2.f of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by waiving the requirement to pave and curb a commercial parking area subject to: 1) The dimensions and siting of the parking area on the land be in general accordance with the site plans attached to the Planning Department report dated April 16, 2014; 2) The parking area be provided with directional signs to provide traffic control, graded to provide an even surface, drained so that no surface water accumulates on the property or runs off onto neighbouring properties, kept free of weeds, and be sufficiently gravelled and treated to suppress dust; 3) A landscaping screen consisting of no less than a compact evergreen hedge not less than 2 m in height be provided along the north and west side of the parking area; and 4) A Section 219 Restrictive Covenant being registered on the title of the subject property to restrict the use of the parking lot in conjunction with the proposed 260 slip marina located at the end of Large Road (Lease 346844). CARRIED Development Permit with Variances Application A. and N. Giesbrecht (File No.: 14-0080-F-DP / 14-0081-F-DVP) Moved and seconded by Directors Pearase and Fairbairn That it be recommended to the Board of Directors that upon consideration of input from adjacent landowners, a Development Permit with Variances be issued for the property legally described as Parcel A (KP86723) Blk 9, DL 526, KDYD, Plan 592 and located at 135 3rd Avenue, Electoral Area “F” to allow variances to the following Sections of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003: 1) Section 1101.2.f by waiving the requirement to provide curbing on the west side of the parking and loading areas located on the subject property; 2) Section 1501.2.a.iii by waiving the requirement to provide a landscaped buffer along the west side of the subject property which fronts 3rd Avenue and is not used for driveway access purposes; and further, 3) Section 501.9.c by reducing the rear yard setback of a building from 7.5 m to 5.66 m; 4) Section 1101.3 by reducing the required number of commercial off-street parking spaces from 16 to 10; and further Page 94 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1a Electoral Area Advisory Committee Minutes – Regular -4- May 8, 2014 That a Development Permit with Variances be issued for the property legally described as Parcel A (KP86723) Blk 9, DL 526, KDYD, Plan 592 and located at 135 3rd Avenue, Electoral Area “F” subject to the following: 1) the dimensions and siting of the building addition and parking and loading area to be constructed on the land be in general accordance with the site plan attached to the Planning Department report dated April 17, 2014. A total of ten (10) angled parking stalls are to be provided on the north side of the existing building. Access to the parking stalls is to be gained from 3rd Avenue via a six (6) metre wide driveway aisle. One (1) loading area is to be provided on the west side of the existing building. Access to the loading area is to be gained via the above noted driveway aisle; 2) the form and character of the building addition to be constructed on the land be in general accordance with the building elevations attached to the Planning Department report dated April 17, 2014. With the exception of the south facing wall, the exterior of the building is to be clad with painted metal siding; 3) cement or timber curbs be placed around the parking and loading areas (excluding along 3rd Avenue); 4) a 2 m wide landscape buffer be provided between the east and south sides of the subject property and the adjacent residential zoned properties; 5) prior to issuance of a Building Permit, a Section 219 Restrictive Covenant be registered on the title of the subject property to require that all construction meet the Floodplain Setbacks and Flood Construction Levels of the Shuswap River and to save harmless the Regional District from losses or damages that may be caused due to flooding. CARRIED Opposed: Director Macnabb Development Variance Permit Application D. and D. Teale (File No.: 14-0078-C-DVP) Moved and seconded by Directors Macnabb and Pearase That it be recommended to the Board of Directors that upon consideration of input from adjacent landowners, a Development Variance Permit be issued for the property legally described as Lot 28, Sec 35, Twp 9, ODYD, Plan 291 Except Plans H14932 and 34140 and located at 940 Pottery Road, Electoral Area “C” to permit a variance to Section 802.9.e of the Regional District of North Okanagan Zoning Bylaw 1888, 2003 by reducing the side yard setback of a two family dwelling from 4.5 m to 3.15 m as shown on the site plan and building elevations attached to the Planning Department report dated April 22, 2014. CARRIED Page 95 of 104 Electoral Area Advisory Committee Minutes – Regular BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1a -5- May 8, 2014 Waiver of Lot Frontage G. Bouffard and D. Becker c/o W.E. Maddox (File No.: 14-0054-E-WVR) Moved and seconded by Directors Macnabb and Foisy That the memorandum from the Planning Department dated April 24, 2014 regarding Waiver of Lot Frontage Application for the properties legally described as Lot 1, DL 3512, ODYD, Plan 28769 AND Lot 1, DL 3512, ODYD Plan 24597 and located at 1022 and 940 Sugar Lake Road, Electoral Area “E” be received for information; and further, That it be recommended to the Board of Directors that the 10% minimum frontage requirement of Section 803.7 of the RDNO Zoning Bylaw No. 1888, 2003 be waived for the properties legally described as Lot 1, DL 3512, ODYD, Plan 28769 AND Lot 1, DL 3512, ODYD, Plan 24597 and located at 1022 and 940 Sugar Lake Road, Electoral Area “E” by reducing the lot frontage of proposed Lot 1 from approximately 146 metres to 20 metres as shown on the site plan attached to the Planning Department report dated April 24, 2014. CARRIED Zoning Text Amendment Bylaw No. 2589, 2013 [Agri-Tourism] Moved and seconded by Directors Foisy and Fairbairn That it be recommended to the Board of Directors, that Zoning Text Amendment Bylaw No. 2589, 2013, which proposes to include Agricultural Land Commission (ALC) Agri-Tourism provisions into Zoning Bylaw No. 1888, 2003, be amended to include provisions which: 1. 2. 3. 4. 5. 6. 7. Clarify the duration of stay; Prohibit the use of Park Model Recreation Vehicles in Agri-Tourism Campsites; Allow kitchen facilities in Agri-Tourism Cabins Allow Agri-Tourism Accommodation in Electoral Area “B” within the ‘Westside’ boundary; Allow Agri-Tourism Accommodation in all of Electoral Area “F”; Clarify the minimum lot size requirements for Bed and Breakfast Use; and, Clarify the requirements for Agri-Tourism Campsites; and further, That Zoning Text Amendment Bylaw No. 2589, 2013, be amended as follows: 1. Amend Section B.1, definition of “Agri-Tourism Accommodation” to include the phrase as follows: “Use of campsites and cabins for Agri-Tourism Accommodation must be seasonal as defined by this bylaw”; 2. Amend Section B.1, definition of “Agri-Tourism Campsite” to include the phrase as follows: “Park Model Recreation Vehicles are not permitted to be used within Agri-Tourism Campsites”; 3. Amend Section B.1, definition of “Agri-Tourism Cabin” be amended to exclude the phrase: “to contain a kitchen or”; 4. Amend Section B.3, by removing the phrase “within the Kingfisher Local Area Plan boundary of Electoral Area “F” as shown on Schedule “I” of this bylaw.”; 5. Amend Section B.3, by adding the phrase “within the ‘Westside’ Boundary of Electoral Area “B” as shown on Schedule “I” of this bylaw”; Page 96 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1a Electoral Area Advisory Committee Minutes – Regular -6- May 8, 2014 6. Amend Section B.3 by replacing Section 301.3.c.i with the following: “Agri-Tourism Campsite and Cabin units are not permitted on less than 4 ha, and no more than five (5) Agri-Tourism Accommodation units are permitted on parcels 4 ha up to 8 ha, and no more than ten (10) Agri-Tourism Accommodation units are permitted on parcels 8 ha and greater.”; 7. Replace Section B.5 with the following: Add Division Eighteen – Schedule “I” – Westside Area Boundary for Agri-Tourism Accommodation attached to this Bylaw as Schedule “A”; 8. Replace Section B.6 with the following: Amend Division One, Section 102 – Schedules by adding Schedule “I” – Westside Area Boundary for Agri-Tourism Accommodation; and further, That Zoning Text Amendment Bylaw No. 2589, 2013, be amended to include the following: 1. Amend Division Thirteen – Campground Regulations – Schedule “D” of Zoning Bylaw No. 1888, 2003 by adding the following to 1301.1 Application: d. The provisions of this Schedule do not apply to Agri-Tourism Campsites with the exception of the following Sections: i. ii. iii. iv. 1301.12 – Camping Sites 1301.21 – Water Supply 1301.22 – Sewerage Disposal 1301.26 – Garbage Disposal; and further, That Zoning Text Amendment Bylaw No. 2589, 2013 be given Second Reading, as amended, and be referred to Public Hearing. CARRIED Riparian Areas Regulations – Report from the Ombudsperson The Committee was provided with an overview of the report from the Ombudsperson regarding riparian areas regulations. Moved and seconded by Directors Macnabb and Pearase That it be recommended to the Board of Directors that the report from the Ombudsperson regarding riparian area regulations be sent to Auditor General for Local Government for comment on “value for money” with respect to the regulation. CARRIED Bylaw 2620 - Soil Removal and Deposit The Committee was provided with an update on Soil Removal and Deposit Bylaw No. 2620, 2014. Medical Marihuana The Committee was provided with an update on Medical Marihuana. Aspects of the draft Bylaw were discussed. Page 97 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1a Electoral Area Advisory Committee Minutes – Regular -7- May 8, 2014 Non-Commercial Blasting Discussion ensued regarding oversight and liabilities for blasting. Moved and seconded by Directors Macnabb and Fairbairn That it be recommended to the Board of Directors that a letter be written to B.C. Mineral Exploration and Mining (MEM) regarding non-commercial blasting seeking advice regarding oversight and liabilities associated with non-commercial blasting. CARRIED Seasonal Boat Patrols Moved and seconded by Directors Macnabb and Foisy That the arrangement between the Ministry of Justice, RCMP “E” Division and the RDNO for the provision of seasonal boat patrols be discontinued for 2014; and further, That the General Manager, Electoral Area Administration explore other options for seasonal patrols on or near Mabel, Mara and Sugar Lakes, and the Shuswap River. CARRIED Annexation Application - 10 Properties (Pleasant Valley Road and Silver Star Road) The Committee was advised that the Annexation Impact Study (Phase II) is almost complete. Bylaw 2545 - Greater Vernon Water Use and Regulation Bylaw 2651 - Cross Connection Control Regulation Bylaw 2627 - Municipal Ticket Information Amendment This item was deferred until the June 5, 2014 Electoral Area Advisory Committee meeting. REPORTS Advisory Planning Commission Meetings Moved and seconded by Directors Fairbairn and Foisy That the minutes of the following Advisory Planning Commission meetings be received for information: Electoral Area “C” APC – April 30, 2014 Electoral Area “F” APC – April 28, 2014 CARRIED Building Statistical Report Moved and seconded by Directors Macnabb and Foisy That the March 2014 Building Statistical Report be received for information Page 98 of 104 CARRIED Electoral Area Advisory Committee Minutes – Regular BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1a -8- May 8, 2014 General Manager’s Report The General Manager, Electoral Area Administration provided an update on the following matters: o o o o o Rural Lumby Internet $200,000 grant provided by Ministry of Open Government and Citizens’ Services $50,000 grant from SIDIT Will be working with a community group to develop the RFP Greater Vernon Parks, Recreation and Culture Working Team is reviewing / tweaking previous bylaws RCMP Further to our request, Superintendent Burgess has confirmed that the RCMP quarterly reports will be presented during the “Regular” meeting. Next delegation is scheduled for June 5th. Building Inspection Service CAOs meeting tomorrow morning (May 9, 2014) SILGA Convention Good presenters / topics IN CAMERA Moved and seconded by Directors Macnabb and Fairbairn That, pursuant to Section 92 of the Community Charter, the regular meeting of the Electoral Area Advisory Committee convene In Camera to deal with matters deemed closed to the public in accordance with Sections 90(1)(g) of the Community Charter. CARRIED The regular meeting of the Electoral Area Advisory Committee adjourned to meet In Camera at 4:30 p.m. The regular meeting of the Electoral Area Advisory Committee reconvened at 4:38 p.m. ADJOURNMENT There being no further business the meeting was adjourned at 4:38 pm. CERTIFIED CORRECT Chair Bob Fleming Corporate Officer Jeanne Byron Page 99 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1b REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a REGULAR meeting of the GREATER VERNON ADVISORY COMMITTEE of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Thursday, May 8, 2014 Members: Director J. Cunningham Councillor G. Kiss Alternate Director B. Spiers Director M. O’Keefe Alt. Director J. Garlick Director B. Fleming Director M. Macnabb T. Osborn B. Turanski City of Vernon (Chair) District of Coldstream (Vice Chair) City of Vernon City of Vernon District of Coldstream Electoral Area "B" Electoral Area "C" Agricultural Representative School District 22 Representative Staff: D. McTaggart D. Sewell L. Mellott General Manager, Engineering General Manager, Finance General Manager, Electoral Area Administration Corporate Officer/Human Resources Manager Manager – Greater Vernon Water Community Development Coordinator Parks Planner Water Quality Manager Executive Assistant Engineering (taking minutes) J. Byron Z. Marcolin T. Nelson K. Pinkoski R. Clark P. Juniper Also Present: Director D. Dirk Councillor M. Besso Director R. Fairbairn W. Pearce R. Dickinson M. Baker Councillor P. McClean J. Kidston District of Coldstream District of Coldstream Electoral Area “D” (Board Vice-Chair) Chief Administrative Officer, City of Vernon Director, Engineering & GIS, City of Vernon Director of Engineering Services, District of Coldstream District of Coldstream Alt. Agricultural Representative Media and Public CALL MEETING TO ORDER The meeting was called to order at 8:01 a.m. APPROVAL OF AGENDA Greater Vernon Advisory Committee – May 8, 2014 Moved and seconded by Director Macnabb and Agricultural Representative Osborn Page 100 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1b Greater Vernon Advisory Committee Minutes – Regular -2- May 8, 2014 That the Agenda of the May 8, 2014 Greater Vernon Advisory Committee meeting be approved with the following additions: − Item E.7 – Urban Development Institute Letter − Item E.8 – Drinking Water Week Moved by Director Macnabb and Alternate Director Spiers That the item – Capital Works – Greater Vernon Water Operations & Maintenance Contract be brought out of In-Camera and added as Item E.9 of the Regular Meeting Agenda. − Item E.9 – Capital Works – Greater Vernon Water Operations & Maintenance Contract CARRIED Opposed: Director O’Keefe ADOPTION OF MINUTES Greater Vernon Advisory Committee Moved and seconded by Alternate Director Garlick and Director Fleming That the following minutes of the Greater Vernon Advisory Committee meetings be adopted as circulated: − April 3, 2014 - Regular − April 24, 2014 – Special CARRIED NEW BUSINESS Greater Vernon Water Service Establishment Bylaw Amendment No. 2543, 2014 (Schon Springs) Moved and seconded by Director Macnabb and Alt. Director Spiers That it be recommended to the Board of Directors, Bylaw 2543, being the Greater Vernon Water Service Establishment Bylaw Amendment No. 2543, 2014 (Schon Springs) be given first, second and third Reading and forwarded for consent of the participants; and further Following receipt of 2/3 consent pursuant to Section 802.(1)(b) of the Local Government Act Bylaw 2543, being the Greater Vernon Water Service Establishment Bylaw Amendment No. 2543, 2014 (Schon Springs) be referred to the Inspector of Municipalities for statutory approval. CARRIED Bylaw 2628, 2014 being Greater Vernon Water Phase 1 Master Water Plan Projects Voting Question Bylaw No. 2628, 2014 and Bylaw 2629, 2014 being Greater Vernon Water Phase 1 Master Water Plan Projects Loan Authorization Bylaw No. 2629, 2014 Moved and seconded by Directors Macnabb and Fleming That it be recommended to the Board of Directors, Greater Vernon Water Phase 1 Master Water Plan Projects Voting Question Bylaw No. 2628, 2014 be given First, Second and Third Readings. CARRIED Opposed: Councillor Kiss Page 101 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1b Greater Vernon Advisory Committee Minutes – Regular -3- May 8, 2014 Moved and seconded by Directors Macnabb and Fleming That it be recommended to the Board of Directors, Greater Vernon Water Phase 1 Master Water Plan Projects Voting Question Bylaw No. 2628, 2014 be Adopted. CARRIED Opposed: Councillor Kiss Moved and seconded by Alternate Director Garlick and Director Macnabb That it be recommended to the Board of Directors, Greater Vernon Water Phase 1 Master Water Plan Loan Authorization Bylaw 2629, 2014 be given First, Second and Third Readings; and further, That Greater Vernon Water Phase 1 Master Water Plan Loan Authorization Bylaw 2629, 2014 be referred to the Inspector of Municipalities for Statutory Approval. CARRIED Opposed: Councillor Kiss Private Unmetered Fire Hydrant – 7961 Buchanan Road The Committee discussed the request received from Barb Mitchell, Highlands Golf to donate the private fire hydrant to Greater Vernon Water. Moved and seconded by Directors Macnabb and Alternate Director Garlick That it be recommended to the Board of Directors, staff be directed to report back to the Committee on the number of private hydrants that exist and the breakdown of costs. CARRIED Kalavista Lagoon The Committee discussed the letter dated April 23, 2014 from the District of Coldstream regarding the request for water licence application to pump water from Kalamalka Lake into the Kalavista Lagoon. Water Sustainability Act (WSA) Bill 18 - 2014 Moved and seconded by Alternate Director Garlick and Director Fleming That the report dated April 17, 2014 regarding the Water Sustainability Act (WSA) Bill 18-2014 be received for information. CARRIED Duteau Creek Watershed Assessment Response Plan Moved and seconded by Director Macnabb and Alternate Director Garlick That it be recommended to the Board of Directors, the Duteau Creek Watershed Assessment Response Plan 2014 attached to the report dated April 22, 2014 regarding Duteau Creek Watershed Assessment Response Plan be endorsed by the Board of Directors: and further That the Duteau Creek Watershed Assessment Response Plan 2014 be forwarded to Interior Health for final endorsement. CARRIED Page 102 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1b Greater Vernon Advisory Committee Minutes – Regular -4- May 8, 2014 Urban Development Institute Letter The Committee discussed the letter dated April 17, 2014 sent to Interior Health from the Urban Development Institute. This letter identified concerns about Interior Health’s plan to publish the current status of the water systems in the Okanagan Valley in such a manner as to suggest that many are inadequate and unsafe. Moved and seconded by Alternate Director Garlick and Director O’Keefe That it be recommended to the Board of Directors that a letter be sent to the Interior Health Authority and other recipients expressing similar opinions to those raised by the Urban Development Institute in their letter dated April 17, 2014. CARRIED Drinking Water Week – May 4 – 10, 2014 Tours have been scheduled of the Duteau Creek Water Treatment Plant for Drinking Water Week. It was noted that in future, information about the Mission Hill Water Treatment Plant will be prominently included. Capital Works – Greater Vernon Water Operations & Maintenance Contract The General Manager Finance provided an overview of the financial challenges relating to the overhead costs related to capital works for Greater Vernon Water and the interpretation of the Greater Vernon Water Utility Operations and Maintenance Contract regarding the responsibility for capital works completed within jurisdictional boundaries. Moved and seconded by Directors Macnabb and Fleming That it be recommended to the Board of Directors, Protocol No. ENG-GVW-OP 09 – Capital Works Projects and Planning be circulated for review and discussion between the jurisdictions; and further That staff report back on overhead costs for capital works completed within jurisdictional boundaries. CARRIED REPORTS The Parks Planner provided an update regarding the Community Sports Field and Athletics Facility. He advised that the Civil Tender has been issued and is scheduled to close May 29, 2014. IN CAMERA Moved and seconded by Director Macnabb and Alternate Director Garlick That, pursuant to Section 92 of the Community Charter, the regular meeting of the Greater Vernon Advisory Committee convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(e) and (g) of the Community Charter. CARRIED The Regular meeting of the Greater Vernon Advisory Committee adjourned to meet In Camera at 10:17 a.m. Page 103 of 104 BOARD of DIRECTORS - REGULAR AGENDA May 21, 2014 - Item G.1b Greater Vernon Advisory Committee Minutes – Regular -5- May 8, 2014 The Regular meeting of the Greater Vernon Advisory Committee meeting reconvened at 11:29 a.m. ADJOURNMENT There being no further business, the meeting was adjourned at 11:29 a.m. CERTIFIED CORRECT Chair Juliette Cunningham Corporate Officer Jeanne Byron Page 104 of 104
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