REGULAR AGENDA REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING

REGULAR AGENDA REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING
REGIONAL DISTRICT OF NORTH OKANAGAN
BOARD of DIRECTORS MEETING
Wednesday, April 17, 2013
4:00 p.m.
REGULAR AGENDA
A.
APPROVAL OF AGENDA
1. Board of Directors – April 17, 2013
(Opportunity for Introduction of Late Items)
(Opportunity for Introduction of Late Items – In Camera)
RECOMMENDATION 1
(Unweighted Corporate Vote – Simple Majority)
That the Agenda of the April 17, 2013 regular meeting of the Board of Directors be
approved as presented.
B.
ADOPTION OF MINUTES
1. Board of Directors – April 3, 2013
RECOMMENDATION 2
Page 1
(Unweighted Corporate Vote – Simple Majority)
That the minutes of the April 3, 2013 meeting of the Board of Directors be adopted
as circulated.
2. Committee of the Whole – March 6, 2013
RECOMMENDATION 3
Page 5
(Unweighted Corporate Vote – Simple Majority)
That the minutes of the March 6, 2013 meeting of the Committee of the Whole be
adopted as circulated.
C.
DELEGATIONS
1. Agricultural Land Commission Application
LEITRIM CONTRACTING LTD. c/o O’ROURKE, Michael
(File No. 13-0013-D-ALR)
(See Item E.4)
2. Economic Development Workshop
Kevin Poole, Manager of Economic Development & Tourism, City of Vernon
- Delegation Request Form
Board of Directors Agenda – Regular
D.
UNFINISHED BUSINESS
E.
NEW BUSINESS
-2-
April 17, 2013
1. Bylaw 2582 – Silver Star Mountain Community Services Administration Service
Establishment Amendment
- Staff report dated March 7, 2013
RECOMMENDATION 4
Page 7
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, Silver Star
Mountain Community Services Administration Service Establishment Amendment
Bylaw No. 2582, 2013 be given First, Second and Third Readings; and further,
That Silver Star Mountain Community Services Administration Service Establishment
Amendment Bylaw No. 2582, 2013 be referred to the service participant for consent.
2. Bylaw 2583 – Albers Road Natural Gas Local Service – Repeal
- Staff report dated March 7, 2013
RECOMMENDATION 5
Page 10
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, Albers Road
Natural Gas Local Service Establishment Repeal Bylaw No. 2583, 2013 be given
First, Second and Third Readings; and further,
That Albers Road Natural Gas Local Service Establishment Repeal Bylaw No. 2583,
2013 be referred to the service participant for consent.
3. Bylaw 2584 – Small Scale Wood Fibre Harvesting Program - Repeal
- Staff report dated March 7, 2013
RECOMMENDATION 6
Page 12
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, Regional District
of North Okanagan Small Scale Wood Fibre Harvesting Program Administrative
Service Repeal Bylaw No. 2584, 2013 be given First, Second and Third Readings;
and further,
That Regional District of North Okanagan Small Scale Wood Fibre Harvesting
Program Administrative Service Repeal Bylaw No. 2584, 2013 be referred to the
service participants for consent.
Board of Directors Agenda – Regular
-3-
April 17, 2013
4. Agricultural Land Commission Application
LEITRIM CONTRACTING LTD. c/o O’ROURKE, Michael
(File No. 13-0013-D-ALR)
- Staff report dated March 18, 2013
RECOMMENDATION 7
Page 15
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, the application of
Leitrim Contracting Ltd. c/o Michael O’Rourke under Section 20(3) of the Agricultural
Land Commission Act for a non-farm use related to a proposed private shooting
range on the property legally described as District Lot 628, ODYD and located at
Trinity Valley Road, Electoral Area “D” be authorized for submission to the
Agricultural Land Commission; and further,
That support be provided on the following conditions:
• Registration of a restrictive covenant on the title of the subject property to restrict
the recreational commercial use of the property to a shooting range; and
• Long term road access and tenure being available and guaranteed; and
• Confirmation that the proposed use will comply with the Riparian Areas
Regulations.
5. Rezoning Application
0708002 BC Ltd – Jagert (File No. 12-0514-F-RZ)
- Staff report dated March 7, 2013
RECOMMENDATION 8
Page 28
(Part 26 – Special Voting – Includes Electoral Areas Only)
That as recommended by the Electoral Area Advisory Committee, Rezoning Bylaw
No. 2576, 2013 which proposes to rezone the property legally described as Lot A,
Sec 14, Twp 19, R6, W6M, KDYD, Plan 29460 and located at Parkway Road and
Mabel Lake Road, Electoral Area “F” from the Non-Urban (N.U) zone to the
Neighbourhood Commercial (C.3) zone and a proposed new Residential Large Lot
Housing with Suite or Two Family Dwelling (R.7) zone be given First Reading; and
further,
That Second Reading of Rezoning Bylaw No. 2576, 2013 be withheld until:
1) the applicant submits a revised site plan which provides for an accessible and
useable public park space in accordance with Section 941 of the Local
Government Act and the Official Community Plan land use designation of the
subject property;
2) the Enderby/Area “F” Joint Services Commission reviews and provides comment
on the proposed park and trail plan; and further
3) a report from a geotechnical engineer that addresses slope stability of the bank
on the western portion of the property is provided; and further
That Final Adoption of Rezoning Bylaw No. 2567, 2013 be withheld until the
Engineering Department is satisfied that the existing sewer and water utilities have
capacity to accommodate the proposed subdivision.
Board of Directors Agenda – Regular
-4-
April 17, 2013
6. Proposed TELUS Telecommunication Tower Installation
(File No. 13-0052-E-REF)
- Staff report dated March 20, 2013
RECOMMENDATION 9
Page 49
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, a response be
sent to Telus and Industry Canada confirming the use of 77 Cochrane Road as a
telecommunications tower site complies with Section 305.2 of Regional District of
North Okanagan Zoning Bylaw No. 1888, 2003 and neither the installation of a
telecommunications tower, nor Industry Canada’s Public Notification Process fall
within the jurisdiction of the Regional District of North Okanagan’s Board of Directors.
7. Letter of Support – Naming of Lake after Doug Kermode
- Letter dated February 18, 2013 from Cherryville and Area Historical Society
RECOMMENDATION 10
Page 66
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, a letter of support
be forwarded to the Geographical Names Office for the naming of a lake in
Monashee Provincial Park after the late Douglas C. Kermode.
8. Letter of Support – Expansion of Cherryville Community Forest
- Letter dated March 20, 2013 from Cherryville Ridge Management
RECOMMENDATION 11
Page 67
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, a letter of support
be forwarded to the Minister of Forests, Lands and Natural Resource Operations for
the expansion of Cherryville Community Forest to an annual allowable cut of
7500m3.
9. Regional District of North Okanagan Material Recovery Facility Fire
- Staff report dated April 5, 2013
RECOMMENDATION 12
Page 68
(Unweighted Corporate Vote – Simple Majority)
That the staff report dated April 5, 2013 re: RDNO Material Recovery Facility Fire:
Impact on Vernon and District Association for Community Living be received for
information.
Board of Directors Agenda – Regular
-5-
April 17, 2013
10. Future Greater Vernon Water Rates Structure
RECOMMENDATION 13
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas B
and C)
That as recommended by the Greater Vernon Advisory Committee, staff be directed
to provide the committee with the Water Rates Calculator that includes the effect on
each of the main user categories when rate changes are being proposed.
RECOMMENDATION 14
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas B
and C)
That as recommended by the Greater Vernon Advisory Committee, staff be directed
to provide the committee with the historical objectives and directions with regards to
water rates that staff are working with now and provide an update on what has been
achieved.
11. Conditions of Water Service to Subdivide the Lakeshore Property into Two
Single Family Lots at 9269 Eastside Road (Lot 2, Plan 8952, Sec. 10, Tp. 13,
ODYD) Vernon
- Staff report dated April 2, 2013
RECOMMENDATION 15
Page 70
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas B
and C)
That as recommended by the Greater Vernon Advisory Committee, the application of
Ron and Judy Mohr of 9269 Eastside Road for a proposed two lot subdivision be
approved subject to deferral of the Greater Vernon Water requirement to install “all
works deemed necessary by the District to provide an adequate supply of water” and
pay a non-refundable cash deposit in the amount of $32,000.00 for their portion of
the watermain improvements and enter into a section 219 covenant as described in
the staff report dated April 2, 2013 re: Conditions of Water Service to Subdivide the
Lakeshore Property into Two Single Family Lots at 9269 Eastside Road (Lot 2, Plan
8952, Sec. 10, Tp. 13, ODYD) Vernon to connect the subject property to the Greater
Vernon Water system in the future when available.
12. Board of Directors – June, July and August Meetings
The Board of Directors normally adopt a summer schedule of meetings whereby one
Board meeting per month is held which has worked well previously.
RECOMMENDATION 16
(Unweighted Corporate Vote – Simple Majority)
That the June 5, 2013, July 3, 2013 and August 7, 2013 Board of Directors meetings
be cancelled.
F.
BUSINESS ARISING FROM DELEGATIONS
Board of Directors Agenda – Regular
G.
-6-
April 17, 2013
REPORTS
1. Standing and Select Committees
RECOMMENDATION 17
Page 73
(Unweighted Corporate Vote – Simple Majority)
That the minutes of the following meetings be received for information:
- Greater Vernon Advisory Committee – Regular – April 4, 2013 (unadopted)
- Electoral Area Advisory Committee – Regular – April 4, 2013 (unadopted)
2. External Committee Reports
3. Administrator’s Report
4. Chair’s Report
H.
IN CAMERA
RECOMMENDATION 18
(Unweighted Corporate Vote – Simple Majority)
That, pursuant to Section 92 of the Community Charter, the regular meeting of the Board
of Directors convene In Camera to deal with matters deemed closed to the public in
accordance with Section 90(1)(e) of the Community Charter.
I.
REPORT FROM IN CAMERA
J.
ADJOURNMENT
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - 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, April 3, 2013
Members: Director P. Nicol
Director R. Fairbairn
Director S. Fowler
Director D. Dirk
Director H. Cyr
Alt. Director L. Mindnich
Director J. Brown
Director R. Sawatzky
Director J. Cunningham
Director M. O’Keefe
Director B. Fleming
Director M. Macnabb
Director E. Foisy
Director J. Pearase
Staff:
Also
Present:
City of Vernon
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
Electoral Area “B”
Electoral Area “C”
Electoral Area “E”
Electoral Area “F”
Chair
Vice Chair
T. Hall
D. McTaggart
D. Sewell
R. Smailes
J. Byron
C. Mazzotta
A. Kittel
K. Pinkoski
T. Nelson
C. Howkins
Administrator
General Manager, Engineering
General Manager, Finance
General Manager, Planning and Building
Corporate Officer / Human Resources Manager
Information Services Manager
Regional Growth Strategy Coordinator
Parks Planner
Community Development Coordinator
Senior Clerk (taking minutes)
Alt. Director J. Garlick
Councilor G. Kiss
Media and Public
District of Coldstream
District of Coldstream
CALL MEETING TO ORDER
The meeting was called to order at 4:04 p.m.
APPROVAL OF AGENDA
Board of Directors – April 3, 2013
Moved and seconded by Directors Cunningham and O’Keefe
That the Agenda of the April 3, 2013 regular meeting of the Board of Directors be approved with
the following addition:
• In Camera – D.3 – Section 90 (1) (g)
CARRIED
Page 1 of 83
Board of Directors Minutes – Regular
-2-
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item B.1
April 3, 2013
ADOPTION OF MINUTES
Committee of the Whole – March 6, 2013
Moved and seconded by Directors Foisy and Fairbairn
That the minutes of the March 6, 2013 meeting of the Committee of the Whole be adopted as
circulated.
CARRIED
Board of Directors – March 20, 2013
Moved and seconded by Directors Cunningham and Cyr
That the minutes of the March 20, 2013 meeting of the Board of Directors be adopted as
circulated.
CARRIED
NEW BUSINESS
Agricultural Land Commission Application
BOLTON, Sheryl c/o Jason Shortt [File No. 12-0569-B-ALR]
Moved and seconded by Directors Macnabb and Fleming
That the Planning Department report dated March 25, 2013 regarding boundary adjustment
subdivisions involving irregular lots within the Agricultural Land Reserve and Agricultural Land
Commission Application No. 12-0569-B-ALR which proposes a boundary adjustment
subdivision of the properties located at 7551 Old Kamloops Road, Electoral Area “B” be
received for information.
CARRIED
Moved and seconded by Directors Fleming and Macnabb
That the application of Sheryl Bolton c/o Jason Shortt under Section 21(2) of the Agricultural
Land Commission Act to subdivide the properties legally described as Lot 27, Sec 22, Twp 8,
ODYD, Plan 366, Except Plan Attached to DD1996D AND That Part Lot 27, Shown on Plan
Attached to DD1996D, Sec 22, Twp 8, ODYD, Plan 366 and located at 7551 Old Kamloops
Road, Electoral Area “B” not be authorized for submission to the Agricultural Land Commission.
CARRIED
Draft Regional Agricultural Plan Terms of Reference
Moved and seconded by Directors Dirk and Pearase
That the Regional Agricultural Plan Draft Terms of Reference and the report dated February 22,
2013 regarding Regional Agricultural Advisory Committee Roundtable Results be referred to the
Electoral Area Advisory Committee and member municipal councils for review and comment to
provide feedback by May 31, 2013.
CARRIED
Bee SAFE Request: Transition Guide to Sustainable Agriculture
Moved and seconded by Directors Fairbairn and Dirk
That staff be directed to respond to Bee SAFE to advise that the Regional District of North
Okanagan does not have authority, expertise or capacity to deal with the creation of a
“Transition Guide to Sustainable Agriculture”.
CARRIED
Moved and seconded by Directors Cunningham and Sawatzky
Page 2 of 83
Board of Directors Minutes – Regular
-3-
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item B.1
April 3, 2013
That staff be directed to forward correspondence to the Ministry of Agriculture requesting that
they take on the role of addressing the specific request from Bee SAFE.
CARRIED
Opposed: Director Fleming
Summer Hours – UBCO Connector Transit Service
Moved and seconded by Directors Dirk and O’Keefe
That reduction of the UBCO Connector trips from ten per day to four per day starting April 29,
2013 and ending August 30, 2013, with departures from Downtown Vernon scheduled as
follows: 7:00 am, 8:00 am, 3:00 pm and 4:00 pm, be supported.
CARRIED
REPORTS
Standing and Select Committees
Moved and seconded by Directors Dirk and Macnabb
That the minutes of the following meetings be received for information:
- Regional Growth Management Advisory Committee – Regular - March 21, 2013
(unadopted)
- Regional Agricultural Advisory Committee – Regular – March 21, 2013 (unadopted)
CARRIED
External Committee Reports
Okanagan Basin Water Board
Director Dirk reported on Okanagan Basin Water Board matters:
Meeting at Okanagan College
Water Conservation Quality Improvement Grants for 2013
Municipal Finance Authority
Director Fairbairn reported on MFA matters.
Southern Interior Beetle Action Coalition
Director Foisy reported on SIBAC matters:
- Funding for internet in Cherryville
- Meeting in Barrier to discuss applications for funding
Chair’s Report
The Chair report on various Board related matters.
Page 3 of 83
Board of Directors Minutes – Regular
-4-
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item B.1
April 3, 2013
IN CAMERA
Moved and seconded by Directors Dirk and Fairbairn
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)(k) and (g)of the Community Charter.
CARRIED
The regular meeting of the Board of Directors adjourned to meet In Camera at 4:49 p.m.
The regular meeting of the Board of Directors reconvened at 5:24 p.m.
ADJOURNMENT
There being no further business, the meeting was adjourned at 5:25 p.m.
CERTIFIED CORRECT
Chair
Corporate Office
Page 4 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item B.2
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a REGULAR meeting of the COMMITTEE OF THE WHOLE of the REGIONAL
DISTRICT OF NORTH OKANAGAN held in the Board Room at the Regional District Office on
Wednesday, March 6, 2013
Members: Director P. Nicol
Director R. Fairbairn
Director S. Fowler
Director D. Dirk
Director H. Cyr
Director K. Acton
Director R. Sawatzky
Director J. Cunningham
Director J. Brown
Director B. Fleming
Director M. Macnabb
Director E. Foisy
Director J. Pearase
Director M. O’Keefe
City of Vernon
Electoral Area “D”
City of Armstrong
District of Coldstream
City of Enderby
Village of Lumby
City of Vernon
City of Vernon
Township of Spallumcheen
Electoral Area “B”
Electoral Area “C”
Electoral Area “E”
Electoral Area “F”
City of Vernon
Staff:
T. Hall
D. Sewell
L. Mellott
J. Byron
C. Stowards
Administrator
General Manager, Finance
General Manager, Electoral Area Administration
Corporate Officer / Human Resources Manager
Special Projects Clerk, Finance (taking minutes)
Councillor G. Kiss
Alternate Director C. Lord
District of Coldstream
City of Vernon
Also
Present:
Chair
Vice-Chair
CALL MEETING TO ORDER
The meeting was called to order at 1:31 p.m.
APPROVAL OF AGENDA
Committee of the Whole – March 6, 2013
Moved and seconded by Directors Cyr and Macnabb
That the Agenda of the March 6, 2013 regular meeting of the Committee of the Whole be
approved as presented.
CARRIED
Page 5 of 83
Committee of the Whole Minutes – Regular
-2-
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item B.2
March 6, 2013
NEW BUSINESS
2013 Financial Plan
The General Manager, Finance presented information regarding the changes made to the
Financial Plan since the last presentation on January 16, 2013. He indicated that there were a
few outstanding issues that may impact the Financial Plan further, including:
-
possible GVWU changes to be identified at the March 7th GVAC meeting
the completion of the Parcel Tax rolls
the receipt of revised assessment rolls
the impact of the recycling fire.
The total taxation increase of 1.28% was discussed, and the percentage variance year over
year for each jurisdiction was outlined in a requisition summary.
Each service was discussed and variances to the Financial Plan from 2012 were highlighted.
Moved and seconded by Directors Fleming and Fairbairn
That staff be directed to draft the 2013-2017 Financial Plan bylaw based upon the information
presented at the March 6, 2013 Committee of the Whole meeting subject to amendments
identified by GVAC for the GVWU service and that this bylaw be brought to the next Board of
Directors meeting for three readings and adoption.
CARRIED
ADJOURNMENT
There being no further business, the meeting was adjourned at 3:13 p.m.
Certified Correct:
Chair
Corporate Officer
Page 6 of 83
REGIONAL DISTRICT OF NORTH OKANAGAN
REQUEST TO APPEAR AS A DELEGATION
Type of Meeting:
II Board of Directors
C Electoral Area Advisory
C Regional Growth Management
C Greater Vernon Advisory
C White Valley Parks & Rec
C Other
Meeting Date Requested:
Apr! I It JOl3
Name of Person or Group Making Presentation:
/1ev,--,
I
PUo I E'
(Please Print)
Contact Information:
V.
.
First Name:
JI el.1! .....,
Street Address:
3VOO
City:
Province:
Phone:
Email:
foe (19.
Last Name:
30+1<1
5/
lie! nor,
i?-' (
)S 0- :i SO 3)1,4 q
kCl(;o/1::
Postal Code:
VI T
-SEC
e vernon C,\
In order that we may process your request, please indicate which department and / or staff member you have
been in contact with:
Subject of Presentation:
1::, ,1.'1 ty>u '
fJ.~ J~, 1i?1 (/J f Se)
;0")
Purpose of Presentation:
C Information only
C Request a Letter of Support
II Request Funding
C Other (provide details)
~
le'CO
f~
<7,,-, '/J I
"t·
/ffI
«:",1.;.
Are there any deadlines around your request?
fi: yes
Cno
Will you be providing supporting documentation?
m;yes
Cno
II yes:
Deadline Date:
llpr' I I;> IJ
C prolide handouts at meeting
II included in agenda (submit one copy no later than
10 days prior to your requested appearance)
-.
Technical Requirements:
Will you be using a PowerPoint presentation?
Cyes
Rno
II yes, you are required to submit your presentation prior to the meeting date to allow sufficient time to transler the
presentation onto the Boardroom computer and to ensure that your software requirement is compatible with the
Regional District's software system.
Following receipt of your request, your information wilf be reviewed by the Corporate Officer and you will be notified as to how your request will proceed. Be advisecl that
submission of your request does not constitute approval to appear. If you receive confirmation that your request has been approved or denied, you wilt be advised as such. If
you receive approval to appear as a delegation, you wilt be provided with the date, time and location of the meeting.
INTERNAL USE ONLY
r
Reliewed and Apprm.ed to Appear as a Delegation
Please note that all information provided on the request form will be included in a public meeting agenda and as such considered a
matter of public information,
Page 7 of 83
Draft Agenda - Training for Economic Development
9:00 am to 3:45 pm
Time
Topic
9:00 - 9:20
Welcome to Session and Introductions
May 10, 2013
• Overview of Agenda/ Provincial Introduction/ Regional Context
9:20 -10:30
Introduction to Economic Development
In this module, participants will learn the basics of economic development
including the provincial association definitions~ role of an EDO, the various
types of structures and a general overview of the types of programs and
initiatives that are typically undertaken. The module ends with an overview
of the role of leaders in structures and program development.
Exercise One - What is economic development to them and what role do they
play
10:30 - 10:45
Break
10:45 - 12:00
Strategic Planning
In this module, participants wiff get an in depth look at the Strategic Planning
process including the role they can play, typical partners, and the importance
of consultation in the development of a supportable strategy. The module
will also talk about how this fits into the overalf ability of the community or
region to be considered investment ready (e.g. foreign direct investment
attraction capacity). Participants will also complete an exercise related to
strategic planning. The module ends with an overview of the role of leaders
in strategic planning,
Exercise Two
- - - _ . _ . - - - ...
~---
12:00 -12:45
lunch
12:45 -1:30
Market Development
•
•
-
•.. ---------------.---- .. ..---.--.------------._-_.. -_._ ...
_--
New Resident Attraction
Partnerships and Partnership Development
Exercise
1:30 - 2:45
Business Development
•
Business Retention and Expansion (Exercise)
•
•
Entrepreneurship
Business Attraction and Investment Readiness
----------------------2:45 - 3:05
Tourism
3:05 - 3:45
Local leaders
--_._-_.
__._._--------
---------.--------~-- -~.--.~-
Exercise three
Page 8 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.1
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 3900-2582
TO:
Electoral Area Advisory Committee
FROM:
Leah Mellott, General Manager, Electoral Area Administration
DATE:
March 7, 2013
SUBJECT:
Bylaw 2582,2013
- Silver Star Mountain Community Services Administration Service Amendment
RECOMMENDATION:
That it be recommended to the Board of Directors that Silver Star Mountain Community Services
Administration Service Amendment Bylaw No. 2582, 2013 be given First, Second and Third
Readings; and further,
That Silver Star Mountain Community Services Administration Service Amendment Bylaw No. 2582,
2013 be forwarded to the service participant for consent.
BACKGROUND/HISTORY:
Silver Star Mountain Community Services Administration Service Establishment Bylaw No. 1677,
2001 requires amendment to:
•
•
address conclusion of the Silver Star Mountain Community Standing Committee; and,
update Schedule 'A' (Service Area Boundary) .
Silver Star Mountain Services Committee Delegation Bylaw No. 1824, 2003 was repealed on January
22, 2008, effectively ending the Silver Star Mountain Community Standing Committee.
The Alpine Meadows strata subdivision plan was registered on December 7, 2007.
Accordingly, it is recommended that Silver Star Mountain Community Services Administration Service
Amendment Bylaw 2582, 2013 be recommended to the Board of Directors for Three Readings and
referral to the service participant for consent.
Approved for Inclusion:
Leah Mellott, General Manager
Electoral Area Administration
cf ~
,Trafford Hall, Administrator
Page 9 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.1
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2582
A bylaw to remove reference to the Silver Star Mountain Community Standing Committee from
Silver Star Mountain Community Services Administration Service Establishment Bylaw No.
1677,2001, and to amend Schedule "A" (Service Area Boundary).
WHEREAS Silver Star Mountain Services Committee Delegation Bylaw No. 1824, 2003 was
repealed on January 22, 2008;
AND WHEREAS Schedule "A" (Service Area Boundary) requires amendment to reflect
development that has occurred since adoption of Bylaw No/1677, 2001;
NOW THEREFORE the Board of the Regional District
assembled enacts as follows:
ofNorth Okanagan in open meeting
1. This bylaw may be cited as the "Silver Star . . Mountain Community Services
Administration Service Amendment Bylaw. No. 2582,2013 ".
AMENDMENTS
2. Preamble paragraph two is deleted in its entiret{
;,
!,~>,::
3. Preamble paragraph threefs'~rT{ended by deletingthewords, "as provided by the Silver Star
Mountain Community Standing'Committee.
4. Section 9 (Committee) is deletea in its entirety.
5. Service Are.a l3oundary,being Schedule "A" to Bylaw No. 1677, 2001, is amended to include
the Alpine Meadows Development.
DAY OF
2013
Approved by the Inspector of Municipalities this
DAYOF _ _ _ __
2013
ADOPTED THIS
DAY OF
2013
READ A FIRST, SECOND AND THIRD TIME THIS
Consent provided by the participants
CHAIR
CORPORATE OFFICER
Page 10 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.1
0 D.L.5275
Schedule "A" to Bylaw No. 1677, being
"Silver Star Mountain Community
Services Administration Service
Establishment Bylaw No .1677 001
SERVICE AREA
BOUNDARY
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••
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D.L.1355
REGIONAL DISTRICT OF NORTH OKANAGAN
SILVER STAR MOUNTAIN COMMUNITY
SERVICES ADMINISTRATION SERVICE AREA
Page 11 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.2
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 3900-2583
TO:
Electoral Area Advisory Committee
FROM:
Leah Mellott, General Manager, Electoral Area Administration
DATE:
March 7, 2013
SUBJECT:
Bylaw 2583, 2013 - Albers Road Natural Gas Local Service Repeal Bylaw
RECOMMENDATION:
That it be recommended to the Board of Directors that Albers Road Natural Gas Local Service
Establishment Repeal Bylaw No. 2583, 2013 be given First, Second and Third Readings; and further,
That Albers Road Natural Gas Local Service Establishment Repeal Bylaw No. 2583, 2013 be
forwarded to the service participants for consent.
BACKGROUND:
A local service was established by Bylaw No. 1432, 1997 for the provision of capital financing for an
extension of natural gas services provided by a natural gas utility to the Albers Road area of Electoral
Area "0". The annual net cost of providing capital financing has been recovered by way of a parcel
tax levied against the owners of benefitting parcels in the service areas. As the debt has now been
retired, it is no longer necessary to levy a parcel tax.
Accordingly, it is recommended that Albers Road Natural Gas Local Service Establishment Repeal
Bylaw No. 2583, 2013 be recommended to the Board of Directors for Three Readings and referral to
the service participants for consent.
Submitted by:
o{?'i/V/~
Leah Mellott, General Manager
Electoral Area Administration
Approved for Inclusion:
~~
~ Trafford Hall, ~strator
Page 12 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.2
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2583
A bylaw to repeal Albers Road Natural Gas Local Service
Establishment Bylaw No. 1432, 1997
WHEREAS Section 802 [Amendment or repeal of establishing bylaws] of the Local Government
Act authorizes the Board to amend or repeal service establishment bylaws;
AND WHEREAS the Regional Board has, by Bylaw 1432, 1997, established a local service for
the provision of capital financing for an extension of natural gas,i~ervice§~ to the Albers Road
area of Electoral Area "0" of the Regional District of North O~9!1agaffUC
AND WHEREAS the debt for the extension of natural
ga§"t~~~i"~es b§§l}~cee
:Jetired;
repeall~~0~~di~~f":'~ta~I'iS~~';bY
AND WHEREAS the Regional Board wishes to
Albers Road
Natural Gas Local Service Establishment Bylaw No. 1432, 'fg)~"~ "'(l~'(';;::'
NOW THEREFORE, the Board of Directors of the Regiona Dis n~,
meeting assembled enacts as follows:
"
orth Okanagan, in open
TITLE
Gas Local Service
1.
REPEAL
2.
DAY OF
2013
DAY OF
2013
DAY OF
2013
Consent pro
Approved by
CHAIR
CORPORATE OFFICER
Page 13 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.3
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 3900-2584
TO:
Electoral Area Advisory Committee
FROM:
Leah Mellott, General Manager, Electoral Area Administration
DATE:
March 7, 2013
SUBJECT:
Bylaw 2584, 2013 - Small Scale Wood Fibre Harvesting Program Repeal Bylaw
RECOMMENDATION:
That it be recommended to the Board of Directors that Regional District of North Okanagan Small
Scale Wood Fibre Harvesting Program Administrative Service Repeal Bylaw No. 2584, 2013 be given
First, Second and Third Readings; and further,
That Regional District of North Okanagan Small Scale Wood Fibre Harvesting Program Administrative
Service Repeal Bylaw No. 2584, 2013 be forwarded to the service participants for consent.
BACKGROUND:
An administrative service was established by Bylaw 1887, 2003 for the purpose of administering a
wood fibre harvesting program through contractual agreements.
In August 2003 the Ministry of Forests, Lands and Natural Resource Operations (MFLNRO)
announced the Small Scale Salvage Transition Program and 2003/2004 was the year of transition to a
new delivery model. In 2003 the MFLNRO reduced resources for the small scale salvage program
and implemented new forms of licenses to download the administration of the program. The
Okanagan Shuswap Forest District sent a letter stating the "the current small scale salvage program
administered by the Ministry of Forests is scheduled to terminate before April 2004."
With support from the local salvage community, the RDNO submitted an application for a Community
Salvage Licence to maintain the small scale salvage program in the Okanagan Shuswap Forest
District which would continue to provide employment opportunities for salvage operators in the
community. A Community Salvage Licence (CSL) was issued to the Regional District of North
Okanagan (RDNO) on October 1, 2004. On November 1, 2004, stumpage rates for a cubic meter of
wood increased from approximately $10.50 to $14.50 and then increased to approximately $17.50 on
August 1, 2005. During this time period, log prices decreased due to the amount of fibre on the
market from the Mountain Pine Beetle epidemic in the interior of the Province. Added administration
costs, increasing stumpage rates and decreasing log prices resulted in a lack of interest in the CSL by
local salvage loggers. CSL revenues are dependent on salvage logger activity and so with less
salvage activity, there was not sufficient revenue to cover RDNO administration costs.
Page 14 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.3
Re: Bylaw 2584
Page 2
An evaluation on small scale salvage in the province was completed in January 2006. The evaluation
stated "The original impetus for the CSL no longer exists and, as a consequence, there is a dual small
scale salvage system in some districts whereby MOF and the CSL holder are delivering essentially
the same program." One recommendation was that the province consider not issuing any more
CSL's.
According to the Provincial Government, very little interest was demonstrated in CSL's because they
install an additional layer of bureaucracy and can exacerbate the problem of inconsistent small scale
salvage management throughout the province. Also the economies of scale through the MFLNRO
delivery of small scale salvage administration and management on a province-wide basis were lost
with CSL's.
On April 1, 2006, the provincial government eliminated the grade 3 concessions which resulted in
another substantial increase to average stumpage rates paid for salvaged timber.
The cumulative effects of added administration fees, increasing stumpage rates, declining log prices,
and the elimination of grade 3 logs resulted in a reduced level of interest in the Community Salvage
Licence to a point where the program could not sustain itself. The RDNO determined that by
surrendering Community Salvage Licence K1 T, salvage operators would realize a cost savings in
administration fees.
On June 1, 2006 the Regional District of North Okanagan [RDNO] reached an agreement with the
Ministry of Forests and Range which enabled the Okanagan Shuswap Forest District to again start
accepting applications for small scale salvage within the Community Salvage Licence operating area.
On June 7, 2006 the Electoral Area Services Commission passed a resolution to surrender the
Community Salvage Licence K1T.
The RDNO determined that by surrendering the Community Salvage Licence, salvage loggers would
realize a cost savings in administrative fees .
Accordingly, it is recommended that Regional District of North Okanagan Small Scale Wood Fibre
Harvesting Program Administrative Service Repeal Bylaw No. 2584, 2013 be recomm ended to the
Board of Directors for Three Readings and referral to the service parti cipants for conse nt.
Submitted by:
Leah Mellott, General Manager
Electoral Area Administration
Approved for Inclusion:
V
Trafford H I
Page 15 of 83
inistrator
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.3
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2584
A bylaw to repeal Regional District of North Okanagan Small Scale Wood Fibre Harvesting
Program Administration Service Establishment Bylaw No. 1887,2003
WHEREAS Section 802 [Amendment or repeal of establishing bylaws] of the Local Government
Act authorizes the Board to amend or repeal service establishment bylaws;
AND WHEREAS the Regional Board has, by Bylaw 1887, 2003, established a Small Scale
Wood Fibre Harvesting Program service for all lands within Electoral Areas "B", "C", "0", E" and
"F" of the Regional District of North Okanagan;
AND WHEREAS the Regional District of North Okanagan reachedari agreement with the
Ministry of Forests and Range on January 1, 2006 which enabled theOl<anagan Shuswap
Forest District to accept applications for small scale salvage within the Community Salvage
License operating area;
AND WHEREAS the Regional District of North Okanagan surrendered Community Salvage
Licence K1T;
AND WHEREAS the Regional Board wishes to repeal the service established by Regional
District of North Okanagan Small Scale Wood Fibre Harvesting program Administration Service
Establishment Bylaw No. 1887,2003;
.
.
NOW THEREFORE, the Board of DireCtors of the Regional District of North Okanagan, in open
meeting assembled enacts as follo~s:
..
1.
This Bylaw may~e cited aS~l1e:'Regional District of North Okanagan Small Scale
Wood Fibre Haillesting Program. Administration Service Establishment Repeal
Bylaw No. 2584,"2Q13 u •..
REPEAL
2.
Bylaw No; 1887,2003, and aIr amending bylaws thereto, are hereby repealed.
DAY OF
2013
Approved by the Inspector of Municipalities this
DAY OF
2013
ADOPTED THIS
DAY OF
2013
READ A FIRST, SECOND AND THIRD TIME THIS
Consent provided by the participants
CHAIR
CORPORATE OFFICER
Page 16 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.4
REGIONAL DISTRICT OF NORTH OKANAGAN
Extract from the Minutes of a Meeting of the
Electoral Area Advisory Committee
Held on
Thursday, April 4, 2013
Agricultural Land Commission Application
Leitrim Contracting Ltd. c/o Michael O’Rourke ( File No. 13-0013-D-ALR)
Moved and seconded by Directors Macnabb and Fairbairn
That it be recommended to the Board of Directors, the application of Leitrim Contracting
Ltd. c/o Michael O’Rourke under Section 20(3) of the Agricultural Land Commission Act
for a non-farm use related to a proposed private shooting range on the property legally
described as District Lot 628, ODYD and located at Trinity Valley Road, Electoral Area
“D” be authorized for submission to the Agricultural Land Commission.
CARRIED
Page 17 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.4
REGIONAL DISTRICT
of
NORTH OKANAGAN
PLANNING DEPARTMENT
INFORMATION REPORT
APPLICATION UNDER SECTION 20(3) OF THE
AGRICULTURAL LAND COMMISSION ACT
DATE:
March 18, 2013
FILE NO.:
13-0013-D-ALR
APPLICANT:
Leitrim Contracting Ltd c/o Michael O’Rourke
LEGAL DESCRIPTION:
District Lot 628, ODYD
P.I.D.#
003-947-611
CIVIC ADDRESS:
Trinity Valley Road
PROPERTY SIZE:
129.5 ha (320 acres)
SERVICING:
On-site water supply and sewage disposal
SOIL CLASSIFICATION:
Class 4, 5, and 7 improvable to Class 3, 4, 5 and 7
ZONING:
Large Holding
O.C.P. DESIGNATION:
Agricultural / Large Holdings
PROPOSED USE:
Private shooting range
PLANNING DEPARTMENT RECOMMENDATION:
That the application of Leitrim Contracting Ltd. c/o Michael O’Rourke under Section 20(3) of the
Agricultural Land Commission Act for a non-farm use related to a proposed private shooting
range on the property legally described as District Lot 628, ODYD and located at Trinity Valley
Road, Electoral Area “D” not be authorized for submission to the Agricultural Land Commission.
BACKGROUND:
This report relates to an application under Section 20(3) of the Agricultural Land Commission
Act for a non-farm use of the property legal described as District Lot 628, ODYD and located at
Trinity Valley Road. The owners are proposing to develop a private shooting range and parking
area on a portion of the property that is within the Agricultural Land Reserve (ALR).
Page 18 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.4
Agricultural Land Commission Application
13-0013-D-ALR (Leitrim Contracting c/o Michael O'Rourke)
Page 2
Site Context and Proposal
The subject property is located at the 5 kilometre mark of Burnyeat Forest Service Road which
connects to Trinity Valley Road. Several internal private roadways run through the property. A
tributary of Trinity Creek crosses diagonally though the property from northeast to southwest
with several smaller creeks connecting into this tributary. Four ponds are located near Burnyeat
Road near the middle of the property. The property is mostly logged and cleared range lands
with the exception of the ravine/watercourse areas. The property is vacant and is currently used
as range land for the cattle of an adjacent land owner. The subject property has several sloped
areas with some particularly steep slopes in the south and east portions.
The applicants are proposing to use 1.48 ha of the subject property for a private shooting range
which would include a parking area, long distance shooting range and shooting building. The
shooting range area would be located off an internal roadway in the mid west portion of the
property. The parking area is proposed to measure 36.6 m by 24.4 m. The shooting range
would start just north of the parking area and run diagonally through the property south east to
northwest along a ravine. The shooting range is proposed to measure 938.8 m by 15.2 m. A
shooting building at the entrance to the range would house the shooting stations.
The subject and surrounding properties are zoned Large Holding (L.H). The westerly portion of
the subject property is in the ALR and is designated as Agricultural in the Official Community
Plan while the easterly portion is not within the ALR and is designated as Large Holdings in the
OCP. The properties to the west and northwest are in the ALR and are designated as
Agricultural in the OCP. The properties to the south and southeast are not within the ALR and
are designated as resource in the OCP. The properties to the southwest and northeast are not
within the ALR and are designated as Large Holdings in the OCP. The following orthophoto of
the subject and surrounding properties was taken in 2007.
Page 19 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.4
Agricultural Land Commission Application
13-0013-D-ALR (Leitrim Contracting c/o Michael O'Rourke)
Page 3
The following map shows the ALR boundary in relation to the subject and surrounding
properties.
Agricultural Capability of the Subject Property
The Canada Land Inventory agricultural capability classification system groups land into seven
classes according to the land’s potential and limitations for agricultural use depending on soil
and climate characteristics. As the class numbers increase from Class 1 to 7, the range of
crops decreases. Associated with each class is a subclass that identifies limitations or special
management practices needed to improve the soil. The classification usually gives land two
ratings: unimproved and improved. Unimproved ratings describe the land in its native condition.
Improved ratings indicate the land’s potential once management practises have been
implemented, such as irrigation, stone removal or drainage.
Class 1 land is capable of producing the very widest range of crops. Soil and climate conditions
are optimum, resulting in easy management. Class 2 land is capable of producing a wide range
of crops. Minor restrictions of soil or climate may reduce capability but pose no major difficulties
in management. Class 3 land is capable of producing a fairly wide range of crops under good
management practices. Soil and/or climate limitations are somewhat restrictive. Class 4 land is
capable of a restricted range of crops. Soil and climate conditions require special management
considerations. Class 5 land is capable of producing cultivated perennial forage crops and
specially adapted crops. Soil and/or climate conditions severely limit capability. Class 6 land is
considered to be important in its natural state as grazing land and cannot be cultivated due to
soil and/or climate limitations. Class 7 lands have no capability for agriculture.
Page 20 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.4
Agricultural Land Commission Application
13-0013-D-ALR (Leitrim Contracting c/o Michael O'Rourke)
Page 4
The Canada Land Inventory rates the south easterly quarter (non ALR) portion subject property
as 70% Class 5 and 30% Class 7 with an improvement value of the same. The subclasses
associated with this rating are identified as topography, stoniness and adverse climate
(excluding precipitation). The remainder of the non ALR portion of the subject property is rated
as Class 7 with an improved value of the same. The subclasses associated with this rating are
topography and shallow soil over bedrock and/or bedrock outcroppings. The north westerly
quarter (ALR) portion of the subject property is identified as 60% Class 4 and 40% Class 5 with
an improved value of the same. The subclasses identified with this rating are topography and
stoniness. The remainder of the ALR portion of the subject property is rated as 70% Class 4
and 30% Class 5 with an improved value of 70% Class 3 and 30% Class 5. The subclasses
associated with these ratings are stoniness, soil moisture deficiency and shallow soil over
bedrock and/or bedrock outcroppings.
OFFICIAL COMMUNITY PLAN:
The Electoral Areas “D” and “E” Official Community Plan designates the land use of the ALR
portion of the subject property as Agricultural; the remainder of the property is designated as
Large Holdings. The following Land Use Policies are relevant for this application:
Agricultural Land Policies
1) Agricultural lands are designated on Schedules B, B1 & B2 and are within the ALR and the
Agricultural Land Commission Act will take precedence;
2) Lands designated as Agricultural are intended to be used for agricultural purposes and
associated uses as allowed by the ALC and the Regional District. All uses and subdivision
of ALR land shall be in accordance with the ALR Act, Regulations, Orders and Policies;
3) The minimum parcel size for Agricultural lands shall be 30.5 ha. Large parcel sizes and
setbacks are encouraged and supported through the Zoning Bylaw regulations to minimize
the potential for land use conflicts and to support long term agricultural use consistent with
Agricultural Land Commission Act objectives;
4) Support the Agricultural Land Commission in its efforts to protect and enhance farmland.
Where land is in the ALR, minimum parcel sizes shall apply only when the land is:
a) excluded from the ALR; or
b) approved for subdivision within the ALR pursuant to the Agricultural Land Commission
Act, regulations thereto, or orders of the Commission; or
c) exempted by the Agricultural Land Commission Act, regulations thereto, or orders of the
Commission;
5) Support local agriculture through favourable consideration of proposals that enhance local
agriculture through the strengthening of beneficial agricultural practices, support of local
food systems, and the expansion of local markets and agri-tourism. The community
supports the production of organic agricultural farming practices.
6) Minimize conflicts between agricultural and other land uses (e.g. residential/recreational)
through the use of:
a) agricultural setbacks as specified in Schedule G, Division 16, Zoning Bylaw 1888;
b) supporting public access restrictions where appropriate;
c) minimum distance setbacks for intensive agricultural operations;
d) fencing requirements and landscape buffers;
e) covenants that are registered with new rural subdivisions that recognize existing
neighbouring agricultural use, as applicable:
Page 21 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.4
Agricultural Land Commission Application
13-0013-D-ALR (Leitrim Contracting c/o Michael O'Rourke)
Page 5
f)
continued liaison with Provincial Ministries and Crown agencies in the planning,
disposition, and management of Crown lands; and
g) compliance with the Farm Practices Protection Act (FPPA).
Commercial Policies
If the non-farm use application is successful, the property would need to be rezoned, in which
case the following Commercial policies should be considered:
1) Highway and Tourist Commercial, and Recreation Commercial uses may be permitted at
suitable locations subject to a successful OCP Amendment and Rezoning Application and
the following conditions:
a) sewage disposal, water supply, drainage and access shall meet the requirements of the
authority having jurisdiction and any additional requirements of the Regional Board;
b) the proposed use shall not adversely affect the environment or adjacent land uses;
c) the site should be outside of the Agricultural Land Reserve unless prior approval has
been obtained from the Land Reserve Commission; and
d) include public consultation in the planning process. All OCP Amendment applications for
Commercial uses shall be subject to a Public Information Meeting to be hosted in the
community by the applicant prior to scheduling of a Public Hearing.
2) In accordance with Development Permit Sections of this Plan, land designated as
Commercial, including resort developments, is also designated as a Commercial and
Industrial Development Permit Area in order to establish requirements respecting the form
and character of development.
3) The Regional Board encourages and supports new development proposals in Ecotourism
and adventure tourism that seek to provide wilderness and natural experiences and
education in a sustainable manner with the least amount of impact on the environment.
4) Temporary Permits pursuant to Section 921 of the Local Government Act, including
appropriate designations, may be considered for a commercial use of a short-term duration
on a parcel designated Resource, Agricultural, Non-Urban, Rural, Small Holdings or Country
Residential.
Development Permit Areas
Tributary watercourses of Trinity Creek are present on the subject property. All lands within 30
m of these tributaries are identified as being within a Development Permit Area for the
Protection of the Natural Environment. A Development Permit in this regard would be required
where development or land alterations are proposed within the 30 m setback area.
ZONING BYLAW:
The subject properties are zoned Large Holding (L.H). Uses permitted in the L.H. zone include
accessory farm sales, bed and breakfast uses, boarding house uses, fruit and produce pickers’
cabins and work force housing units on lots 4 ha or larger, home occupations uses, packing
houses, public parks and playgrounds, resource use, spray irrigation programs, limited and
intensive agricultural use, community care facilities, veterinary clinics, wineries and cideries,
single and two family dwellings, ancillary dwellings and manufactured homes.
Page 22 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.4
Agricultural Land Commission Application
13-0013-D-ALR (Leitrim Contracting c/o Michael O'Rourke)
Page 6
If the non-farm use application is successful, the proposed uses would need consideration of an
Official Community Plan amendment and rezoning that would allow the properties to be rezoned
to the Recreation Commercial (C.5) zone.
Recreation Commercial Zone (C.5)
The Recreation Commercial (C.5) zone allows the following uses: accommodation including
campgrounds, cabins, hotels, motels; entertainment and recreation facilities, golf courses and
driving ranges, health spas, marinas, museums, outdoor entertainment, amusement and
recreation facilities, sports clubs, sports facilities, theatres, tourist amusement facilities, theme
parks, and zoos; food service including coffee shops, dairy bars, and restaurants; water storage
and bulk distribution facilities on same lot as water source; retail sales and storage of boats,
gasoline and motor oil, recreation vehicles, and sporting goods; service and repair including
recreation vehicle storage, servicing and rental, service stations; taxidermists; rapid infiltration
and spray irrigation of treated sewage effluent; seasonal use; temporary accommodation use;
shooting ranges.
Parking
Paved parking spaces would be required for the proposed shooting range. In this regard, the
number of parking spaces required for the proposed gun range would be 1 per shooting station
plus 1 per 2 employees.
PLANNING ANALYSIS:
The proposed land use requires the approval of the Regional District and the ALC through the
subject application and through the approval of an application to change the OCP land use
designation and zoning of the property to allow it to be used for recreation commercial
purposes. In this regard, it is necessary to consider the proposal against the Agricultural and
Commercial Policies of the Electoral Areas “D” and “E” OCP. It is suggested that the proposal
is not supported by the Agricultural Policies of the OCP as it does not comply with the provisions
of the ALC Act and Regulations; may have the potential to conflict with adjacent agricultural
uses; and may negatively impact the potential agricultural use of the subject property. The
Commercial Policies of the OCP also do not lend support to the application, as these Policies do
not support commercial uses on ALR lands.
While only a portion of the property is within the ALR and portions of the property have limited
agricultural potential due to soil capability constraints, it is able to support agriculture and has
historically been used for range land. The Canada Land Inventory rates the ALR portion of the
property which is proposed to be developed as Class 4 and 5 with an improved rating of Class
3, 4 and 5. Class 3 land is capable of producing a fairly wide range of crops under good
management practices; Class 4 land is capable of a restricted range of crops; and Class 5 land
is capable of producing cultivated perennial forage crops and specially adapted crops.
Approval of the application could set a precedent that would lead property owners to believe
that agricultural parcels within the Regional District can be used for non agricultural purposes.
This in turn could lead to additional requests for non farm use within the ALR.
Page 23 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.4
Agricultural Land Commission Application
13-0013-D-ALR (Leitrim Contracting c/o Michael O'Rourke)
Page 7
As noted above, if the non-farm use application is successful, the owners would be required to
rezone and amend the Official Community Plan to the C.5 Zone. The C.5 zone also permits a
wide range of commercial uses, ranging from accommodation, entertainment, and retail sales
uses which with further approval could take place at the site. The proposed use and other uses
permitted within the C.5 Zone may not be appropriate for agricultural lands. The Zoning Bylaw
also requires parking areas to be paved, curbed and drained adding to the overall total of
altered and impervious surfaces which would no longer be able to be used for agriculture.
Staff note the Regional District has approved two other formal gun ranges within the Electoral
Areas (Vernon Fish & Game Club and Cherryville & District, Community and Shooting Range
Association) which are both zoned Recreation Commercial (C.5). Neither of these properties
are located within the ALR.
Should the Board wish to support this ALR application, the Planning Department recommends
that such support be provided on the following conditions:
1. the registration of a restrictive covenant on the title of the subject property to restrict the
recreational commercial use of the property to a shooting range; and
2. long term road access and tenure being available and guaranteed; and
3. confirmation that the proposed use will comply with the Riparian Area Regulations.
It is suggested that such a restriction on the use would ensure that the impact on agriculture is
limited to that of the shooting range and further expectations of development of the property for
uses permitted within the C.5 zone, which may have a greater negative impact on the
agricultural use of the subject and surrounding properties are diminished. Planning also
suggests that long term access for the proposed development must be available and
guaranteed as per the comments from the Ministry of Forests and Range. Finally, the proposed
shooting range appears to directly impact tributaries of Trinity Creek. In this regard, the
proposal is required to adhere to the requirements of the Riparian Area Regulation.
SUMMARY:
This report relates to an application under Section 20(3) of the Agricultural Land Commission
(ALC) Act for a non-farm use of the property located at Trinity Valley Road. The owners are
proposing a private shooting range and parking area on a portion of the property which is within
the Agricultural Land Reserve. The Planning Department recommends that the application not
be authorized for submission to the ALC as the proposal is not supported by the Agricultural and
Commercial Policies of the Official Community Plan.
REFERRALS:
The application was referred for comments to the following:
1.
2.
3.
4.
5.
6.
7.
Electoral Area “D” Director
Electoral Area “D” Advisory Planning Commission
Electoral Area Advisory Committee
Regional Agricultural Advisory Committee
Sustainability Coordinator
Integrated Land Management Bureau
Interior Health Authority
Page 24 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.4
Agricultural Land Commission Application
13-0013-D-ALR (Leitrim Contracting clo Michael O'Rourke)
Page 8
8. Building Inspection Department
The Building Department commented that approval from the Building Inspection
Department will be required prior to the construction of any buildings on the subject
property. An Access Permit from the Ministry of Transportation and Highways is a
required submission to be included with an application for construction approval.
9. Ministry of Transportation and Infrastructure
The Ministry of Transportation and Infrastructure commented they have no objections in
principle to this proposal subject to the landowner applying for and receiving a
Commercial Access Permit.
10. Ministry of Environment
The Ministry of Environment stated that the proponent and approving agency are
advised to adhere to guidelines in the provincial best management practices document:
Develop with Care: Environmental Guidelines for Urban & Rural Land Development. It is
the proponent's responsibility to ensure their activities are in compliance with all relevant
legislation .
11. Ministry of Forests and Range
The Ministry of Forests and Range commented that the proposed road sections,
accessing DL 628, may include the Road Permits R09482, Sec 004001 (accessing
A18674) and R16294, Sec 50051 (accessing A80628) - active tenures. Recommend the
proponent contact the holders of these,
these , Weyerhaeuser Company Limited and the Lower
Similkameen Indian Band,
Band, and all other active tenure holders regarding access plans for
the foreseeable future in order to ensure an adequate level of access for all parties is
maintained. Second, a section of road
maintained.
road,, which may in fact be non-status,
non-status, appears to
originate in the A80628, CK7005 6 cut-over, and the proponent should work with the
licence holder regarding authorization for this road and any related tenure
administration. Granted the majority of these harvest openings appear to be in the post
harvest phase of administration. Long term road access, and the appropriate residential
access road tenure, should be considered.
12. Ministry of Agriculture
The Ministry stated they have no objections and provided the following comments:
a. Minimize permanent infrastructure e.g. paving parking area, concrete foundation
construction
b. Ensure adequate berm construction to minimize lead contam
contamination
ination if lead
ammunition is used.
Submitted by:
ifer deGroot
PI nning Assistan
Endorsed by:
Approved For Inclusion:
Rob Smailes, MCIP
General Manager, Planning and Building
Page 25 of 83
~~
~
~
Trafford Hall,
Hal(dlTlif1istrator
dministrator
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.4
ELECTORAL AREA "D"
AGRICULTURAL LAND COMMISSION APPLICATION
SUBJECT PROPERTY MAP
File:
Applicant:
Location:
13-0013-D-ALR
Leitrim Contracting Ltd c/o Michael O’Rourke
Trinity Valley Road
\'
'440
D.. 670
WI
.,
WI,?
'H
1383
I'"
PPJ7"11
13811
138
p"o. t3U1
~""lTJ\IJ
D.L.
lJ36
30
0
TR INITY
Subject Property ----r--~
"':""--->.'
'
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Page 26 of 83
BOARD of DIRECTORS - REGULAR AGENDA
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April 17, 2013 - Item E.4
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Page 29 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
REGIONAL DISTRICT
of
NORTH OKANAGAN
PLANNING DEPARTMENT
INFORMATION REPORT
REZONING APPLICATION
Date:
March 7, 2013
File No.:
12-0514-F-RZ
Applicant:
0708002 BC Ltd c/o Fritz Jagert
Legal Description:
Lot A, Sec 14, Twp 19, R6, W6M, KDYD, Plan 29460
P.I.D.#
004-307-674
Civic Address:
Parkway Road and Mabel Lake Road
Property Size:
3.71 ha
Servicing:
Proposed connection to RDNO Water and Sewer
Present Zoning:
Non-Urban (N.U)
Proposed Zoning:
Residential Large Lot Housing with Suite or Two Family Dwelling
(R.7) and Neighbourhood Commercial (C.3)
O.C.P. Designation:
Residential, Commercial and Park
Proposed Use:
Residential, Commercial and Park
PLANNING DEPARTMENT RECOMMENDATION:
That Rezoning Bylaw No. 2576, 2013 which proposes to rezone the property legally described
as Lot A, Sec 14, Twp 19, R6, W6M, KDYD, Plan 29460 and located at Parkway Road and
Mabel Lake Road, Electoral Area “F” from the Non-Urban (N.U) zone to the Neighbourhood
Commercial (C.3) zone and a proposed new Residential Large Lot Housing with Suite or Two
Family Dwelling (R.7) zone be given First Reading; and further
That Second Reading of Rezoning Bylaw No. 2576, 2013 be withheld until:
1) the applicant submits a revised site plan which provides for an accessible and useable
public park space in accordance with Section 941 of the Local Government Act and the
Official Community Plan land use designation of the subject property;
2) the Enderby/Area F Joint Services Commission reviews and provides comment on the
proposed park and trail plan; and further
That Final Adoption of Rezoning Bylaw No. 2567, 2013 be withheld until the Engineering
Department is satisfied that the existing sewer and water utilities have capacity to accommodate
the proposed subdivision.
Page 30 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Rezoning Application
12-0514-F-RZ (0708002 BC Ltd c/o Fritz Jagert)
Page 2
BACKGROUND:
This report relates to an application to rezone the property located at the corners of: Enderby
Mabel Lake Road and Rivermouth Road; and Enderby Mabel Lake Road and Parkway Road.
The applicant is proposing to rezone the property from the Non-Urban (N.U) zone to the
Neighbourhood Commercial (C.3) zone and to a new zone that is proposed to be called the
Residential Large Lot Housing with Suite or Two Family Dwelling (R.7) zone. If successful, the
applicant proposes to subdivide the property into twenty-nine residential lots and one
neighbourhood commercial lot as well as provide a trail / public park corridor.
Site Context
The subject property is located on the south side of Mabel Lake Road, the north side of
Parkway Road and the east side of Rivermouth Road. The property is largely flat with the
exception of a steep bank (24 m elevation change) along the west property line. The subject
property is vacant and mainly forested. Access to the property is currently gained off Parkway
Road via a gravel driveway.
The subject property is designated in the Electoral Area “F” Official Community Plan as
Residential, Commercial and Park. The property is currently zoned Non-Urban (N.U). The
property to the north is designated Comprehensive Resort Development and zoned Mabel Lake
Golf and Country Club CD zone (CD.3). The properties to the south-east are designated
Residential and zoned Residential Single Family (R.1). The properties to the south are
designated Commercial Comprehensive Resort Development and Park and are zoned General
Commercial (C.1), Seasonal Recreation Lodge (CD.5) and Non-Urban (N.U). The following
orthophoto of the subject and surrounding properties was taken in 2007.
Page 31 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Rezoning Application
12-0514-F-RZ (0708002 BC Ltd c/o Fritz Jagert)
Page 3
The Proposal
The applicant is proposing to rezone a 3.3 ha portion of the subject property from the NonUrban (N.U) zone to the Residential Large Lot Housing with Suite or Two Family Dwelling (R.7)
zone, which is a new zone that would accommodate the subdivision of the property into twentynine residential lots. The proposed R.7 zone would permit one single family dwelling that may
contain one suite or one two family dwelling on lots 700 m2 or larger. In addition, the applicant
is proposing to rezone a 0.41 ha portion of the property to the Neighbourhood Commercial (C.3)
zone. The residential and commercial lots are proposed to be connected to the Mabel Lake
community water and sewer systems. Access to the lots would be gained from Parkway Road.
The applicant is proposing to designate 2012 m2 of land on the south and west sides of the
property for trail and park space purposes. The applicant has indicated that the proposed trail
would connect the trail network around the Mabel Lake Golf Course to trails above Mabel Lake.
The proposed R.7 zone has been adapted from the existing Residential Two Family Zone (R.2).
The proposed R.7 zone decreases the uses that are currently permitted within the R.2 zone
eliminating the boarding house use, community care facilities and home occupations use. A
number of other amendments to the R.2 zone are proposed and the specifics of the proposed
R.7 are outlined below in the Zoning Bylaw Section of this report.
OFFICIAL COMMUNITY PLAN:
The Electoral Area “F” Official Community Plan designates the land use of the subject property
as Residential, Commercial and Park and as being subject to the policies of the Kingfisher Local
Area Plan. The following OCP Policies are applicable to the application:
Residential Policies
1. Land for permanent residential growth is required to meet the future anticipated needs of
Greater Enderby and shall generally be provided through redevelopment, in-filling, and
expansion on lands located within the City of Enderby and at Kingfisher if full community
services are available.
2. The integrity of both the Agricultural Land Reserve and wildlife habitat areas shall be
respected, and measures necessary to maintain this integrity, such as buffering or
separation, shall be provided on the non-agricultural lands.
Commercial Lands Policies
1. Neighbourhood Commercial uses to supply goods and services for which there is a need in
local residential areas may be considered for rezoning without an amendment to this plan in
existing and future residential areas and in commercial designated areas.
2. In accordance with the provisions of Section XI of this Plan, land designated as Commercial
is also designated as a Development Permit Area in matters concerning the protection of
development from hazardous conditions, the protection of the natural environment, its
ecosystems and biological diversity and respecting the form and character of development.
3. Upon receipt of a plan amendment, rezoning or subdivision application for commercial
development the Regional Board will consider the following:
Page 32 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Rezoning Application
12-0514-F-RZ (0708002 BC Ltd c/o Fritz Jagert)
Page 4
a) The recreation carrying capacity of the local area with regards to geographic limitations,
protection of the natural environment, its ecosystems and biological diversity, traffic and
circulation, access to existing and new recreation facilities.
b) A form and character that compliments and enhances the local built form and
surrounding natural area as set out in Section XI. Of this Plan; and,
c) The development must be serviced with a potable water supply, must provide for the
collection, treatment and disposal of sewage, and must provide for the collection,
treatment and disposal of stormwater; and
d) Access to a public road system meeting Ministry of Transportation standards in which
emergency egress must be considered particularly in wildfire interface areas.
4. The Regional Board has the long term objective to create a local neighbourhood commercial
centre at, or in close proximity to, the intersection of Cessna and Enderby-Mabel Lake
Road, and in support of this, the area has been designated as Commercial and the Regional
Board may consider further land use restriction to accommodate such commercial uses in
this specific area though the rezoning process.
5. The Regional Board considers that Recreation Commercial development of Kingfisher
should generally be limited to the portion of the community to the east of Kingfisher Creek,
outside of the Agricultural Land Reserve and in proximity to existing facilities and services;
and should proceed in a well planned and comprehensive manner in accordance with all
applicable policies of this Plan.
Park/ Open Space Policies
1. Where applicable, parkland, or money in lieu of parkland, shall be provided to the Regional
District pursuant to Section 941 of the Local Government Act. The parkland or money in lieu
shall be provided as a condition precedent to subdivision within the Plan area.
2. Development Cost Charges that are payable for parks purposes as a condition precedent to
subdivision approval, shall be waived if the value of the parkland, or the amount of the
money in lieu of parkland, required to be provided is equal to or exceeds the amount of the
applicable Development Cost Charge. If the value of the parkland, or the amount of
payment in lieu of parkland, is less than the applicable DCC, then the balance of the DCC
shall be paid as a condition precedent to subdivision approval.
3. The uncertainty about responsibility for parks, boat launches, parking areas and waterfront
accesses shall be addressed by consultation with the various jurisdictions concerned.
4. In the acquisition and development of open spaces, quality of the recreation experience
should be considered the number one priority in the planning process as well as in the
management of the site in the future. The focus should be on the values of specific
additions to the present opportunities which should not compromise areas of high
environmental value.
5. Every effort should be made to co-ordinate the efforts of the different levels of government
who provide public outdoor space.
Drainage Collection and Disposal
1. All new development within the Plan area must be provided with stormwater management
facilities meeting the requirements of the Provincial government document titled Stormwater
Planning: A Guidebook for British Columbia. The development permit policies for the
protection of the natural environment, its ecosystems and biological diversity expressed
elsewhere in this plan further elaborate on this policy.
Page 33 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Rezoning Application
12-0514-F-RZ (0708002 BC Ltd c/o Fritz Jagert)
Page 5
2. The Regional District shall solicit the co-operation of the Ministry of Transportation in dealing
with drainage.
Potable Water Supply
1. Except for new development that provides for the construction of only one single family
dwelling per lots, all new development, including subdivision and building construction, that
provides for the construction of two, three and four family dwellings, multi-family dwellings or
commercial and industrial buildings within the Community Plan area shall be serviced with
potable water through a water supply system meeting the standards contained in the
Drinking Water Protection Act and the Drinking Water Protection Regulations.
2. Single Family Dwelling Development: With respect to quality: all new development that
provides for the construction of only one single family dwelling per lot should be serviced
with potable water through a water supply system or domestic water system meeting the
standards contained in the Drinking water Protection Act and the Drinking Water Protection
Regulation. With respect to quantity: The quantity of water required shall be as specified in
the Regional District subdivision servicing bylaw in force form time to time which bylaw will
include both domestic and fire flow standards where required.
Kingfisher Local Area Plan
1. Continue to encourage residential connection to the community sewer within the plan area.
2. Continue to plan for water system expansion and upgrades as the community requests
connection.
3. Work with the Enderby Area F Services Commission and stakeholders to encourage trail
development as outlined in the Fortune Parks Master Plan.
4. No broad changes to current Official Community Plan designations to increase land base for
development over current scenario are recommended until a detailed land use planning
exercise occurs. It is recognized that this could occur thorough an application driven
process. The RDNO will review applications on their own merits and will be given careful
consideration in relation to relevant policies outlined in the Electoral Area F OCP and
Kingfisher Local Area Plan.
5. Prepare Guidelines for Infill Construction and Re-Construction for non-waterfront lots, there
are still many vacant lots that are being used seasonally with travel trailers and other nonpermanent structures. These lots will be considered for permanent construction over time.
Consideration should be given to building regulations to ensure that dry sanitary sewer
service is included in any new construction that is within the future service area anticipated
by the Liquid Waste Management Plan. Similarly, domestic water systems should include a
future connection to community water if it is within the service area.
6. Acknowledge growth and work towards achieving a balance between recreational/seasonal
development and the principles of smart growth / complete communities.
7. Where residential development is connected to sanitary sewer, opportunities for secondary
suites for rentals should be considered. The goal is to provide some housing alternatives
within the community. It is acknowledged that there may not be a demonstrated need for
permanent rental housing within the plan area due to the seasonal nature of employment
opportunities. However this will likely change over the long term. Suites can provide an
affordable option for those seeking alternative housing within the plan area. Where
community water and sewer are available, RDNO should investigate zoning regulations that
provide for secondary suites on residential parcels.
Page 34 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Rezoning Application
12-0514-F-RZ (0708002 BC Ltd c/o Fritz Jagert)
Page 6
8. Consider Residential Construction as Permanent Residency:
All new residential
construction, except on the Westside should be considered as permanent residency for the
purposes of zoning and construction requirements.
9. Continue to support the inclusion of general commercial land use at Parkway Road to
provide a commercial alternative to the Holiday Park Store.
10. There is a great potential to develop a trail system with connectivity throughout the
Kingfisher area, at least east of Rohan-Peters Road. Options for a trail separated from the
road should be explored west of Rohan-Peters Road with the MoTI.
Development Permit Areas
The subject property is identified as being within a Development Permit Area for the Protection
of Development from Hazardous Conditions (Wildfire Interface Area).
Issuance of a
Development Permit in this regard will be required prior to subdivision approval.
The portion of the property designated as Commercial is identified as being within a
Development Permit Area for the Form and Character of Commercial Development. Issuance
of a Development Permit in this regard will be required prior to the issuance of a Building
Permit.
ZONING BYLAW:
Non-Urban (N.U) Zone Regulations
The subject property is currently zoned Non-Urban (N.U). The uses permitted in the N.U zone
include: accessory buildings and structures, accessory farm sales, ancillary single family
dwellings, bed and breakfast use, boarding house, community care facilities, fruit and produce
pickers cabins, home occupations, intensive agricultural use, limited agricultural use,
manufactured homes, packing houses, public parks and playgrounds, rapid infiltration and spray
irrigations, resource use, single family dwellings, two family dwellings, veterinary clinics,
wineries and cideries, and work force housing. The number of dwellings allowed per lot in the
N.U. zone may not exceed:
1. One single family dwelling or one two family dwelling or one manufactured home; and
2. One additional single family dwelling on lots 14.4 ha or larger in size for lands located
outside the Agricultural Land Reserve;
3. One ancillary single family dwelling on lands in and out of the Agricultural Land Reserve.
Neighbourhood Commercial (C.3) Zone Regulations
The applicant is proposing to rezone a 0.41 ha portion of the subject property from the N.U zone
to the Neighbourhood Commercial (C.3) zone. Uses permitted in the C.3 zone include:
professional studios (art, dance, music and photography); entertainments and recreation
facilities (arcades, billiard halls, bowling alleys, neighbourhood pubs and theatres); food
services (bakeries, butcher shops, caterers, coffee shops, dairy bars and fish shops); office and
commerce facilities (branch banks, medical offices, notaries); retail sales (beer and wide
accessory to a neighbourhood pub, bicycles, books, candy, clothing, drugs, flowers, food, fruit,
garden supplies, gifts, groceries, hardware, liquor, pets, plants, produce, sporting goods) and
service and repair (beauty parlours, barber shops, laundromats, shoe repair). The minimum lot
size standard of the C.3 zone 560 m2 where serviced by a community sewer system.
Page 35 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Rezoning Application
12-0514-F-RZ (0708002 BC Ltd c/o Fritz Jagert)
Page 7
Residential Large Lot Housing with Suite or Two Family Dwelling (R.7) Zone Regulations
The applicant is proposing to rezone a 3.3 ha portion of the subject property from the N.U zone
to the Residential Large Lot Housing with Suite or Two Family Dwelling (R.7) zone. The
proposed R.7 zone would permit accessory residential buildings; public parks and playgrounds;
single family dwellings that may include a secondary suite; and two family dwellings. The
number of buildings allowed per lot would be limited to not more than:
1. One single family dwelling that may contain one suite or one two family dwelling; and
2. One accessory residential building per dwelling unit.
Where serviced by community sewer and community water systems, lots that are proposed to
be subdivided within this zone would be required to have an area of not less than 700 m2 for
single family and two family dwellings; and 350 m2 for each half of a two family dwelling that is
proposed to be subdivided along a party wall meeting BC Building and Fire Code requirements.
In comparison, the minimum lot size standard of the R.2 zone 560 m2 for single family dwellings
and 700 m2 for two family dwellings.
The R.7 zone proposes an increase in height from 9 m to 11 m from the R.2 zone for single
family dwellings and two family dwellings. The height of accessory buildings is proposed to
have a maximum height of 4 m, which is 1 m less than what is permitted in the R.2 zone.
Lot Coverage, Lot Frontage, Off-Street Parking, and Setback requirements, with the exception
of the side yard setback requirement, are all consistent with the existing R.2 zone. In this
regard, the maximum permitted lot coverage would be 35%. The minimum lot frontage would
range from 18 m to 26 m. Two off-street parking stalls would be required per dwelling unit. The
minimum front, rear, exterior side and interior side yard setbacks for dwellings would be 7.5 m,
7.5 m, 5 m and 2.4 m respectively.
The proposed R.7 zone restricts unenclosed parking and storage in a similar manner to the R.2
zone with the exception of recreational vehicles which are proposed to not be restricted in size.
PLANNING ANALYSIS:
The Electoral Area “F” OCP supports the rezoning of the subject property to residential,
commercial and park uses. Additionally the Kingfisher Local Area Plan contains policies that
are supportive of the proposed application. Specifically, the Kingfisher Local Area Plan (KLAP)
supports the concept of secondary suites in residential developments which are connected to
sanitary sewer. Suites are intended to provide an affordable housing alternative within the
community. The plan also supports a commercial land use at Parkway Road as that area has
been identified as a good centralized location for general commercial uses.
The subject property is mainly flat with the exception of a steep bank along the west property
line. The applicants have proposed a trail along the south and western boundaries of the
subject site. The proposed trails are intended to correspond with the existing & future trails and
walkways network outlined in the OCP and have the potential to provide a connection with the
existing trails around the Mabel Lake Golf Course as well as those leading down to Mabel Lake.
Page 36 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Rezoning Application
12-0514-F-RZ (0708002 BC Ltd c/o Fritz Jagert)
Page 8
The applicants have proposed to dedicate park land on the south and west side of the subject
property. The majority of these lands are a steep bank with an elevation change of
approximately 25 m over a 30 m distance which equates to an 83% gradient. Staff are of the
opinion that the proposed parks are not suitable public spaces and do not comply with the
Electoral Area “F” Official Community Plan designation. The Planning Department recommends
that prior to Second Reading and referral to a Public Hearing the applicant be required to revise
the site plan to provide an accessible and useable public park.
Within Electoral Area “F”, parks, recreation and culture are governed by the City of Enderby and
Regional District through the Enderby/Area F Joint Services Commission. Both the Fortune
Parks Master Plan and Kingfisher Local Area Plan speak to the need for trail network
connections within the Kingfisher area, however they do not provide specific policy guidance on
the future park designation on the subject property. In regards to the proposed trail, staff are of
the opinion that it should be ground-truthed to ensure it provides connectivity with the existing
and proposed trail network. In regards to the proposed future park designation, staff are
recommending the revised site plan be reviewed by the Commission in order to obtain feedback
on whether the proposed trails and park spaces meet the objectives of the Fortune Parks
Master Plan and Electoral Area “F” Official Community Plan.
Through the referral process the Engineering Department has indicated that the Kingfisher
Liquid Waste Management Plan requires an up-date as well as the completion of a Master
Water Plan before they can approve any additional connections to these utilities. In light of
these comments staff recommend that final adoption of Rezoning Bylaw No. 2567, 2013 be
withheld until the Engineering Department is satisfied that the existing sewer and water utilities
have capacity to accommodate the proposed additional lots.
Staff are of the opinion that the proposed residential and commercial components of the
development fit within the surrounding neighbourhood context. To the north of the subject
property is Mabel Lake Golf and Country Club; this property contains a mix of single family
dwellings, RV units, park model RV units and accessory residential buildings. To the south is
Lakeside Estates, a medium density development of townhouse and apartment complexes with
a maximum height restriction of 12 m. The proposed R.7 zone would permit single family
dwellings with a suite or two family dwellings with a maximum height of 11 m.
Staff have considered the implications of the proposed R.7 zone regionally and are of the
opinion that it will not have widespread application due to the fact that all lots must be
connected to community sewer and water. Additionally, the proposed R.7 zone is more
restrictive in permitted uses and lot sizes than the R.2 zone and would therefore not
accommodate developments that are not already permitted within an existing residential zone.
Generally, the proposed development fits within both the OCP and KLAP policy framework.
SUMMARY:
This is an application to rezone the property located at Parkway Road and Mabel Lake Road
from the Non-Urban (N.U) zone to the Neighbourhood Commercial (C.3) zone and to a new
zone that would be called the Residential Large Lot Housing with Suite or Two Family Dwelling
(R.7) zone. It is recommended that the associated Rezoning Bylaw be given First Reading as
the proposal is generally consistent with the Electoral Area “F” Official Community Plan and
Kingfisher Local Area Plan.
Page 37 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Rezoning Application
12-0514-F-RZ (0708002 BC Ltd c/o Fritz Jagert)
Page 9
Staff recommend that Second Reading and referral to a Public Hearing of Rezoning Bylaw No.
2576, 2013 be withheld until the Enderby / Area F Joint Services Commission provides formal
comments on the proposed trail and revised park dedications. Additionally, staff recommend
that Final Adoption of Bylaw No. 2567, 2013 be withheld until the Engineering Department is
satisfied that the existing sewer and water utilities have capacity to accommodate the proposed
additional lots.
REFERRAL COMMENTS:
The application was referred for comments to the following:
1. Electoral Area “F” Director
2. Electoral Area “F” Advisory Planning Commission
3. Electoral Area Advisory Committee
4. Building Inspection Department
The Chief Building Inspector has provided the following comments:
1. The provisions of the 2012 BC Building Code will substantially impact the proposed
development. More specifically, the spatial separation requirements of the new Building
Code will mandate limiting distances, or setbacks from property lines, which exceed the
currently proposed setbacks for the R7 Zone. The results of the application of the new
Building Code towards this subject development, as proposed, would be a prohibition
from constructing unprotected openings (windows/doors) in wall faces where buildings
are located within 2.4 metres from any property lines. Exterior walls and combustible
eave projections located within 2.4 metres of property lines would also be required to be
constructed with fire-rated construction materials.
2. The provisions of the 2012 BC Building Code would not impact the subject development
if the subject buildings are proposed to be sprinklered in compliance with the BC
Building Code or where a Fire Department is proposed to be created.
3. The principles for general fire protection or emergency egress situations should be
reviewed by Protective Services with regard to singular access to a subdivision having
no secondary access or means of egress.
*Staff have discussed the Chief Building Inspectors concerns regarding emergency
egress with the Community / Protective Services Manager. No concerns were raised
and it was noted that a formal referral would not result in substantial comments as no fire
protection services are within the vicinity of the subject property. Additionally, the
Subdivision Servicing Bylaw 726, 1986 does not identify a limiting distance for singular
subdivision ingress & egress.
5. Interior Health Authority
6. Integrated Land Management Bureau
7. Splatsin First Nation
No concerns were raised by Splatsin.
Page 38 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Rezoning Application
12-0514-F-RZ (0708002 BC Ltd c/o Fritz Jagert)
Page 10
8. Ministry of Transportation and Infrastructure
The Ministry advises that endorsement is not required for the rezoning of the subject
property pursuant to section 52(3) (A) of the Transportation Act as this property is located
further than 800 metres from a Controlled Access Highway.
The Ministry will review the proposed layout once they have received application for
subdivision.
9. Ministry of Forests, Lands and Natural Resource Operations
To ensure proposed activities are planned and carried out with minimal impacts to the
environment and in compliance with all relevant legislation, the proponent and approving
agency are advised by the Ministry to adhere to guidelines in the provincial best
management practices document: Develop with Care: Environmental Guidelines for Urban &
Rural Land Development and that it is the proponent’s responsibility to ensure their activities
are in compliance with all relevant legislation.
10. Archaeology Branch
The Branch advises that provincial records indicate no known archaeological sites are
recorded on the property, however, archaeological potential mapping for the area indicates
that the property is located in an area with high potential to contain unknown archaeological
sites.
Archaeological sites (both recorded and unrecorded) are protected under the Heritage
Conservation Act and must not be altered or damaged without a site alteration permit from
the Archaeology Branch. Given the potential to contain unknown archaeological sites, a
qualified consulting archaeologist (able to hold heritage inspection permits through the
Archaeology Branch) should be engaged prior to any land altering activities to determine if
development activities are likely to impact unknown archaeological sites. If the archaeologist
determines that development activities will not impact any archaeological deposits, then a
site alteration permit is not required. I am informing you of this archaeological potential so
proponents are aware of the potential risk for encountering a site if they choose to conduct
any land-altering activities on the property. Proponents should contact an archaeologist prior
to development to conduct an in-field assessment of the property. However, the
Archaeology Branch is not requiring the proponent conduct an archaeological study or
obtain a permit prior to development of this property. In this instance it is a risk management
decision for the proponent.
If any land-altering development is planned and proponents do not contact an archaeologist
prior to development, owners and operators should be notified that if an archaeological site
is encountered during development, activities must be halted and the Archaeology Branch
contacted at 250-953-3334 for direction. If an archaeological site is encountered during
development and the appropriate permits are not in place, proponents will be in
contravention of the Heritage Conservation Act and face possible fines and likely experience
development delays while the appropriate permits are obtained. Archaeologists may be
contacted through the BC Association of Professional Archaeologists (www.bcapa.ca/) or
through local yellow pages and online directories.
Page 39 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Rezoning Application
12·0514·F·RZ (0708002 BC Ltd clo Fritz Jagert)
Page 11
11.
11 . City of Enderby - Parks & Recreation
Staff met with Barry Gagnon;
Gagnon; however,
however, the application has not been reviewed by the
Enderby I Area F Joint Services Commission.
12. RONO·Engineering
The 2013 budget for the Mable Lake Community Sewer includes updating the Kingfisher
Liquid Waste Management Plan (KLWMP) and completion of a Master Water Plan. Until
this update is completed , staff recommend not to approve any sewer connections outside of
those identified in the original KLWMP completed in 1999 until the KLWMP update is
completed . Based on the current KLWMP , this property would only be allotted 1 residential
connection .
This provision to update the KLWMP is per the Municipal Wastewater Regulation (MWR).
(MWR).
According to the MWR,
MWR, the RONa is required to have a Liquid Waste Management Plan
and according to the Interim Guidelines for Preparing Liquid Waste Management Plans
(MOE, July 2011) it requires that "Local governments review the progress and status of
ofthe
the
LWMP every 5 to 10 years,
years, or more frequently during times of significant inflation or when
circumstances have changed significantly from when the original plan was developed. "
Under the LWMP interim guidelines, an update of the KLWMP is required as the current
version is over 13 years old and the Mabel Lake Sewer Utility is experiencing significant
change, which the current KLMP does not address. The current sewer capacity is based on
the lot configuration at the time of completion , in which this lot was allocated for 1 residential
connection . If treatment or field expansion is required due to an increase in capacity due to
subdivisions, the Ministry would not approve the capital work expenditure and would likely
subdivisions,
KLWMP .
not approve an amendment to the Operational Certificate without an updated KLWMP.
The LWMP update will look at subdivisions and the impact on sewer and field capacity ,
which will address the requirements of this referral.
Submitted by:
Approved For Inclusion :
Endorsed by:
Rob Smailes, MCIP
General Manager, Planning and Building
Page 40 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
ELECTORAL AREA "F"
REZONING APPLICATION
SUBJECT PROPERTY MAP
File:
Applicant:
Location:
12-0514-F-RZ
0708002 BC Ltd. c/o Fritz Jagert
Parkway Road and Mabel Lake Road
Page 41 of 83
Proposed
PROPOSED SUBDIVISION OF LOT A, PLAN
29460, SEC 14, TP 19, R6, W6M, KD YO
Trail
SCALE 1: 750 ( ALL DISTANCES IN METRES )
~
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CONTOUR INTFRVAL = 1m
IE
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~
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Proposed R7 zone
er
~
wN
erE
I
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(
7. Lot
Lat Frontage
Where serviced with community
cammunity 'IIIOter
IIIOter and community
cammunity sewer systems. lots
lats that are proposed ta
to be subdivided
within this zane
zone shall have a lot frontage of not less than:
a. for interior lots for single family dwellings. the greater of one-tenth of the perimeter of the proposed lot or
18 metres (59.06 ffeet);
....t); and
b. for comer lots for single family dwellings. the greater of one-tenth of the perimeter of the proposed lot or
21 metres (68.90 fHt);
feet); and
c. for interior lots for t'lllO
tlllO family dwellings. the greater of one-tenth of the perimeter of the proposed lot or 23
metres (75.46 fHt);
feet); and
d. for comer lots for two
t'lllO family dwellings. the greater of one-tenth of the perimeter of the proposed lot or 26
metres (85.30 feet); and
e. for each half of a two
t'lllO family dwelling that Is proposed to be subdlvlded along a party wall mHtlng
meeting B.C.
Building and Fire Code requirements. the greater of one-tenth of the perimeter of the proposed lots or 11.5
metres
(37.73 fHt);
feet); and
f. for lots located at the turnabout area of cul-de-sacs. not less than 9 metres
(29.53 feet) for lots for single family dwellings and not less than 11.5 metres (37.73 feet) for lots for two
family dwellings. provided that the averoge lot frontage throughout a depth of 30 metres (98.42 ffeet)
....t) measured
along a perpendicular line commencing at the centre of the property on the frontage street complies with the
required minimum lot frontages cited in 7.a. to 7.d. above; and
g. for lots located on the outside curve of a road having a rodius of not more than 120 metres (393.70 fHt).
f ....t).
the lot frontages cited in 7.a. to 7.d. above may be reduced by not more than 3 metres (9.842 fHt)
feet) for single
feet) for two
t'lllO family lots provided that the average lot frontage
family lots and not more than 6 metres (19.68 fHt)
throughout a depth of 30 metres (98.42 feet) measured along a perpendicular line on the centre of the property
on the frontage street compiles with the required minimum /ot frontages cited In 7.a. to 7.d.
above.
Residential Large Lot
Lat Housing with suite or Two
Twa FamHy Owe/ling
D'IIItIIllng Zone
Min lot
lat area: 700 sq.m
:J'"
........
:J1l>
Total Development Area: 3.71 ha
Paries Reserve: 0.188 ha (5% of total)
Future Parks
U.
(single) Single family with Suite
(duplex) duplex Lot
10
19
Total Development area = 3.71 ha
5% = 1855 sq.m
Total Park
Parle space = 2567 sq.m.
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12
Page 42 of 83
764 m2
(duplex)
11
705m2
(duplex)
10
'"
761 m2
(duplex)
745m2
(duplex)
14
1032 m2
(sin9Ie+)
SRW FOR TRAIL
268 m2
total Development Area
5%
il ll
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702 m2
(sin9Ie+)
),
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(sin9Ie+)
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Shared interest Lot for 19-22, 6m wide
22
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72.9
PARKWA Y ROAD
FUTURE PARKS RESERVE
287m2
F£B 6. 2013
THIS PLAN 15 PREPARED FOR THE USE OF:
JAGERT/LAUR5£N
©
FAX: 545-2741
FILE No. 24587
F.B.
Pg.
20060608.1445
JASON R. SHORTT. B.C.L.S. 2010.
Brltl,t"!J!f4,g·l:JrjJI'WIE.
Brltlst"!Jfff4,g·l:JrjJI'WIE.
'801-32nd STREET. V£RNON. B. C. Phone 545-0511
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
~,
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39.0
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789m2
(duplex)
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20m
wide
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BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
REGIONAL DISTRICT OF NORTH OKANAGAN
BYLAW No. 2576
A bylaw to rezone lands and amend the Zoning Map attached to the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 to change a zone
designation
WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C.,
1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the
Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional
District into zones, name each zone, establish boundaries for the zones and regulate uses
within those zones;
AND WHEREAS the Board has created zones, named each zone, established boundaries for
these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto;
AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local
Government Act, the Board must, by bylaw, define procedures under which an owner of land
may apply for an amendment to a Zoning Bylaw and must consider every application for an
amendment to the bylaw;
AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development
Application Procedures and Administrative Fees Bylaw No. 2315, 2008 and amendments
thereto” to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a
Rural Land Use Bylaw, or to issue a Permit:
AND WHEREAS the Board has received an application to rezone property;
NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting
assembled, enacts as follows:
GENERAL
1.
This Bylaw may be cited as “Rezoning Bylaw No. 2576, 2013”.
2.
The index to Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is
amended by adding the words “Section 707 – Residential Large Lot Housing with Suite
or Two Family Dwelling Zone (R.7)” after the words “Section 706 – Residential Seasonal
Single Family Zone (R.6)” under Division Seven – Residential Zones.
3.
Section 106 is amended by adding the words “- Residential Large Lot Housing with Suite
or Two Family Dwelling Zone (R.7)” after the words “- Residential Seasonal Single
Family Zone (R.6)”.
4.
Division Seven – Residential Zones is amended by adding a new zone “Residential
Large Lot Housing with Suite or Two Family Dwelling [R.7]” as outlined in Schedule “A”
attached to and forming part of this bylaw.
Page 43 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
Page 2
Bylaw No. 2576, 2013
5.
The property legally described as Lot A, Sec 14, Twp 19, R6, W6M, KDYD, Plan 29460
and located at Parkway Road and Mabel Lake Road, Electoral Area “F” is hereby
rezoned from Non-Urban [N.U] to Residential Large Lot Housing with Suite or Two
Family Dwelling [R.7] and Neighbourhood Commercial [C.3] as shown on Schedule
“B” attached to and forming part of this bylaw.
Read a First time
this
day of
, 2013
Read a Second time
this
day of
, 2013
Advertised on
this
day of
, 2013, and
this
day of
, 2013
Public Hearing held pursuant to the provisions of
Section 890 of the Local Government Act on
this
day of
, 2013
Read a THIRD Time
this
day of
, 2013
APPROVED by Ministry of
Transportation & Infrastructure
(Transportation Act, Sec. 52(3))
this
day of
, 2013
this
day of
, 2013
____________________________
ADOPTED
Chair
Corporate Officer
Page 44 of 83
Schedule “A”
Attached to and forming part of
REZONING BYLAW NO. 2576, 2013
Dated at Coldstream, BC
this
day of
, 2013
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
DIVISION SEVEN – RESIDENTIAL ZONES
R.7
_______________________________
Corporate Officer
DIVISION SEVEN – RESIDENTIAL ZONES
Residential Large Lot Housing with Suite or Two Family Dwelling Zone (R.7)
1.
Permitted Uses of Land, Buildings, and Structures
Subject to the provisions of Divisions Three and Four of this bylaw, the following
uses and no others shall be permitted in the Residential Large Lot Housing with
Suite or Two Family Dwelling Zone (R.7):
a.
b.
c.
d.
2.
Accessory residential buildings
Public parks and playgrounds
Single family dwellings that may include a secondary suite; and
Two family dwellings
Buildings Per Lot
The number of buildings allowed per lot shall be not more than:
3.
4.
a.
one (1) single family dwelling that may contain one suite or one (1) two
family dwelling on lots 700 square metres (7535 square feet) or larger in
size; and
b.
one (1) accessory residential building per dwelling unit.
Floor Area
a.
The floor area for a single family dwelling shall be not less than 85 square
metres (914.9 square feet).
b.
The gross floor area for a secondary suite shall not exceed the lesser of 90
square metres or 40% of the gross floor area of the single family dwelling.
c.
The floor area for a two family dwelling shall be not less than 60 square
metres (645.8 square feet) per dwelling unit.
d.
The gross floor area for accessory residential buildings other than attached
recreational vehicle garages shall be not greater than 12 square metres
(129.17 square feet).
Height of Buildings and Structures
a.
The height of accessory buildings shall be constructed with a maximum
height of 4 metres (13.12 feet); and
Page 45 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
DIVISION SEVEN – RESIDENTIAL ZONES
707.
4.
b.
5.
Lot Area
R.7
The height of a single family dwelling and a two family dwelling shall not
exceed 11 metres (36.09 feet) except where the average natural slope of the
lot exceeds five percent (5%), in which case the height of dwellings on the
downhill side of a road shall not exceed a height of 9 metres (29.53 feet)
above the centre line of the road immediately adjacent to the center of the
front of the dwellings and dwellings located on the uphill side of the road
shall not exceed a height of 9 metres (29.53 feet) above the mid point of the
rear property line on which the residence is located.
Where serviced by community sewer and community water systems, lots that are
proposed to be subdivided within this zone shall have an area of not less than:
a.
700 square metres (7535 square feet) for single family dwellings and two
family dwellings; and
b.
350 square metres (3767 square feet) for each half of a two family dwelling
that is proposed to be subdivided along a party wall meeting B.C. Building
and Fire Code requirements; and
There shall be no minimum lot area required for lots created for public parks and
playgrounds; and
Where a lot is a panhandle lot, that access strip or panhandle shall not be calculated
as part of the minimum lot area.
6.
Lot Coverage
Lot coverage shall be not greater than thirty five percent (35%) of the lot area for all
buildings and structures.
7.
Lot Frontage
Where serviced with community water and community sewer systems, lots that are
proposed to be subdivided within this zone shall have a lot frontage of not less than:
a.
for interior lots for single family dwellings, the greater of one-tenth of the
perimeter of the proposed lot or 18 metres (59.06 feet); and
b.
for corner lots for single family dwellings, the greater of one-tenth of the
perimeter of the proposed lot or 21 metres (68.90 feet); and
c.
for interior lots for two family dwellings, the greater of one-tenth of the
perimeter of the proposed lot or 23 metres (75.46 feet); and
Page 46 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
DIVISION SEVEN – RESIDENTIAL ZONES
707.
7.
R.7
d.
for corner lots for two family dwellings, the greater of one-tenth of the
perimeter of the proposed lot or 26 metres (85.30 feet); and
e.
for each half of a two family dwelling that is proposed to be subdivided
along a party wall meeting B.C. Building and Fire Code requirements, the
greater of one-tenth of the perimeter of the proposed lots or 11.5 metres
(37.73 feet); and
f.
for lots located at the turnabout area of cul-de-sacs, not less than 9 metres
(29.53 feet) for lots for single family dwellings and not less than 11.5
metres (37.73 feet) for lots for two family dwellings, provided that the
average lot frontage throughout a depth of 30 metres (98.42 feet)
measured along a perpendicular line commencing at the centre of the
property on the frontage street complies with the required minimum lot
frontages cited in 7.a. to 7.d. above; and
g.
for lots located on the outside curve of a road having a radius of not more
than 120 metres (393.70 feet), the lot frontages cited in 7.a. to 7.d. above
may be reduced by not more than 3 metres (9.842 feet) for single family lots
and not more than 6 metres (19.68 feet) for two family lots provided that the
average lot frontage throughout a depth of 30 metres (98.42 feet) measured
along a perpendicular line on the centre of the property on the frontage
street complies with the required minimum lot frontages cited in 7.a. to 7.d.
above.
There shall be no minimum lot frontage required for lots created for public
parks and playgrounds.
8.
Off-Street Parking
Off-street parking spaces shall be provided and maintained in accordance with the
provisions of Schedule B of this bylaw with the addition of one extra parking space
for a suite.
9.
Setbacks
a.
Exterior Side Yard
Where applicable, exterior side yards free of all buildings and structures
shall be provided with a depth of not less than 5 metres (16.40 feet) except
where a greater setback is required pursuant to the provisions of
Section 406 of this bylaw.
Page 47 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
DIVISION SEVEN – RESIDENTIAL ZONES
707.
9.
b.
R.7
Front Yard
Except where a greater setback is required pursuant to the provisions
of Section 406 of this bylaw, a front yard free of all buildings and
structures shall be provided with a depth of not less than:
c.
i.
7.5 metres (24.61 feet) except that;
ii.
garages or carports may be setback not less than 4.5 metres (14.76
feet) from the front lot line on lots exceeding twenty percent (20%)
average natural slope.
Rear Yard
A rear yard free of buildings and structures shall be provided with a depth
of not less than:
d.
i.
7.5 metres (24.61 feet).
ii.
2 metres (6.562 feet) for accessory residential buildings and
structures.
Side Yards
Side yards free of all buildings and structures shall be provided with a width
of not less than 2.4 metres (7.874 feet) except that there shall be no side
yard setback required for the party wall of a two family dwelling that is
proposed to be subdivided along said party wall meeting B.C. Building and
Fire Code requirements.
e.
Water Bodies
Flood Construction Levels and Floodplain Setbacks of buildings and
structures and Riparian Assessment Area setbacks for all development
must conform with the provisions of Schedule H of this bylaw.
10.
Other Requirements
a.
Unenclosed parking and storage
No person at any time shall park or store any commercial vehicle, truck,
bus, tow truck (or parts of any of the above) or any equipment or building
material per dwelling unit in a residential zone, except:
i.
trucks or equipment required for construction, repair, servicing, or
maintenance of the premises when parking during normal working
hours; and/or
Page 48 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.5
DIVISION SEVEN – RESIDENTIAL ZONES
707.
10.
a.
b.
R.7
ii.
one (1) boat or vessel not exceeding a length of 10 metres (32.81
feet); and/or
iii.
building materials when the owner, lessee, or occupier of the
premises is in possession of a valid building permit, provided that
the materials stored are in connection with the construction or
development of the building situated on the same property as
which the material is stored pursuant to the building permit.
Recreational Vehicles
Notwithstanding the regulations of Section 305.4 of this Bylaw, properties
zoned R7 are permitted the use of one (1) Recreational Vehicle, unrestricted
in size, for a period not exceeding thirty (30) days in any calendar year, on a
parcel of land which is fully serviced with water and sewage disposal
facilities.
Page 49 of 83
2
P. 5
45
RO
2
KAP73112
91
92
87
86
85
P.1
2
7
3389
95
BE
96
A
KAP72765
97
98
99
3460
KA
P
KAPPH.362694
Bldg.1
KAS3033
Bldg.2
18
KA
P
3453
3450 3454
2
1
3454
3458
KAP
3462
12
6 TER AGE
3466
3476
3472
3468
3464
KAP
71570
K
PH.2
AP7
1 571
19
leaseFile
KA
62694
P
812 Bylaw No. 2576, 2013.KAP
0242
859
SCHEDULE
"B" to accompany the Rezoning
68
2 695
KA
KAP6
P552
9169
D.L.
4 71
6
1
Area rezoned from Non Urban (N.U) to Neighbourhood
Commercial (C.3)....
5132
4713
56
5
1
ON
Area rezoned from Non Urban (N.U) to
LEIGHT
Residential Large Lot Housing with Suite or Two Family Dwelling (R.7)....
)
3480 MABEL LAKE PL.
A
Bldg.3
WA WER
SE 6618
8
KM0
OV
(C
3479
3475
3471
3465
3461
3460
3457
3456
3453
3454
Lease File
3412512
3480
28
KAP
73
L
40
2
4P. 17880
54
3470
27
73
67
1
73
67
1
(COV) KAP60070
Bldg.4
CESSNA R
1:3,000
__________________________
Page
Corporate Officer
50 of 83
1
K
KAP
25
KA
L
RD.
12
I hereby certify this to be a true and correct copy of SCHEDULE "B" attached to and forming part of
the Rezoning Bylaw No. 2576, 2013.
Dated at Coldstream, BC this _______ day of __________________ , 2013
LAKEV
D.L.
2415
RD.
BE
1
1
67
73
P
KA
KAP73021
MA
1-42
3445
KM086618
SEWE RAGE
43
WEATHER
STATION
7
Y
PARKWAY
PH.1
Specific Permission
345794
5
10
RB
32
1
78
DE
KAP9 0 4
L.
2-42
7
PLAN 29460
65
KAP816
KAP90444
3-42
A
D.L.
4879
leaseFile
3401118
D.L.
1114
79
6
10
EN
4-42
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1
BOARD of DIRECTORS - REGULAR
AGENDA
89
April 17, 2013 - Item E.5 90
22
AD
3
7
337
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 13-0052-E-REF
TO:
Electoral Area Advisory Committee
FROM:
Planning Department
DATE:
March 20, 2013
Proposed Telus Telecommunication Tower Installation located at
77 Cochrane Road, Electoral Area “E”
SUBJECT:
RECOMMENDATION:
That the report dated March 20, 2013 regarding a proposed Telus telecommunication tower
installation located at 77 Cochrane Road, Electoral Area “E” be received for information; and further,
That a response be sent to Telus and Industry Canada confirming the use of 77 Cochrane Road as a
telecommunications tower site complies with Section 305.2 of Regional District of North Okanagan
Zoning Bylaw No. 1888, 2003 and neither the installation of a telecommunications tower, nor Industry
Canada’s Public Notification Process fall within the jurisdiction of the Regional District of North
Okanagan’s Board of Directors.
BACKGROUND/HISTORY:
The Regional District and the property owners of the Cochrane Road area were notified by letter
dated February 11, 2013 regarding the proposed Telus telecommunications tower to be located at 77
Cochrane Road, Electoral Area “E”. On February 18, 2013 staff responded to Telus stating the use of
the property as a site for a telecommunications tower is a permitted use as per Section 305.2 of
Regional District of North Okanagan Zoning Bylaw No. 1888, 2003. On March 19, 2013, Telus
requested to obtain a Land Use Authority Concurrence from the Board of Directors.
DISCUSSION:
Although the proposed tower does not require any approvals from the Regional District, Telus would
like to have a resoluition of the Board of Land Use Authority Concurrence to add to their file to satisfy
Industry Canada and Telus' requirements for consultation. Specifically the following points are of
importance for Land Use Authority Concurrence:
1. The site is a permitted use;
2. This installation falls within Exclusive Federal Jurisdiction;
3. Industry Canada's default Public Notification Process was completed and relevant concerns and
questions have been addressed by Telus.
As mentioned above, the proposed tower is a permitted use as per the Zoning Bylaw. No buildings
larger than 10 m2 are proposed and no approvals from the Regional District are required. As the
Regional District does not have a Policy or Bylaw regarding the public consultation process applicable
to tower siting, Telus is required to follow Industry Canada's Default Consultation Process, which is
Page 51 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
Proposed Telus Telecommunications Tower at 77 Cochrane Road , Electoral Area "E"
Report to Electoral Area Advisory Committee - March 20,
20, 2013
Page 2
documented in its Client Procedure Circular CPC-2-0-03 and the installation process falls exclusively
Jurisdiction . Telus has indicated they have completed the Public Notification Process;
Process;
within Federal Jurisdiction.
process, we are unable to confirm this
however as we are not familiar with or the authority on this process,
process has been completed to Industry Canada's satisfaction and the Regional District is not in a
position to ascertain public opinion on this matter. This is consistent with how the Regional District
has responded to previous referrals of a similar nature.
SUMMARY:
In regards to the proposed Telus telecommunications tower located at 77 Cochrane Road,
Road , Telus has
requested to obtain a Land Use Authority Concurrence from the Board of Directors. Planning staff
recommend that a response be sent to Telus and Industry Canada confirming the use of 77 Cochrane
Road as a telecommunications tower site complies with Section 305.2 of Regional District of North
Okanagan Zoning Bylaw No. 1888, 2003 and neither the installation of a telecommunications tower, nor
Industry Canada's Public Notification Process fall within the jurisdiction of the Regional District of North
Okanagan's Board of Directors.
Submitted by:
Approved For Inclusion
Inclusion::
Endorsed by:
1]ln,'ZP+
~'''W+
~
Rob Smailes, MCIP
General Manager, Planning and Building
Page 52 of 83
Trafford Hall
Administrator
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
February 11, 2013
To: Whom It May Concern:
TELUS is undertaking a partnership with the province of British Columbia to increase
the safety of highway travel by providing cellular coverage and internet connectivity to
small communities throughout the province.
We are excited to offer residents in some cases services that do not presently exist or a
choice in the services that so many people use on a daily basis. This will also provide
additional coverage in times of emergency.
As part of the coverage objectives along HWY 6 I Cherryville, TELUS has entered into a
lease with the property owner 77 Cochrane Road. Our intention is to build a 70 meter
self-support tower that will service this area.
We look forward to providing this essential service to the community.
Respectfu lIy,
Philip Barker
TELUS Mobility
Page 53 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
February 11, 2013
Re:
Proposed Telecommunications Facility - 77 Cochrane Rd, Hwy 6/ Cherryville
Dear Resident:
We are writing to inform you that a telecommunication installation with associated equipment is being
proposed at 77 Cochrane Rd, Hwy 6/ Cherryville with the following geographic co-ordinates
(50.22798"N/118.61671"W). The finished installation will consist of a 70m (231 ft) Self-Support Tower
with a 7.93 m1 (85 sq ft) shelter at the base. A new tower installation is required at this location to
deliver cellular coverage and high speed internet to this area.
The purpose of this proposed antenna system is to provide coverage to the area that is currently
unavailable as of result of no other telecommunication structure within the coverage area. Additionally
there are no other carriers with towers in the area that would provide opportunities to co-locate. This
tower will provide coverage for TELUS and the opportunity for others carriers' cellular equipment in the
future.
This installation is compliant with Health Canada' Safety Code 6. The general public will be protected
with the compliance of Safety Code 6 including combined effects within the local radio environment at
all times,
The preliminary environmental information, municipal/land use consultation and aeronautical site
clearance attestation document has been filed as required by Industry Canada.
This project also meets all requirements as stated under the Canadian Environmental Assessment Act.
This installation will additionally comply with Transport Canada Aeronautical requirements. Once those
requirements, if any are received by TELUS, you will be notified of the requirements.
The construction of the proposed Installation ofthe communications tower and foundations will be in
accordance with the performance standards of the Association of Professional Engineers and
Geoscientists of the Province of British Columbia to determine that the construction Is In conformity
with the plans, sketches, draWings, graphic representation, specificatiOrisaiid OtherdOcumeiifsthiifare
prepared by a professional engineer and that form the basis for the issuance of a building permit. The
communication tower described in the notification package was designed in accordance with CAN CSA
537.01- Antenna, Towers and Antenna-Supporting Structures. Further to this access to the site will be
restricted to the public by a fenced in compound. This will provide a secure barrier for safety and
security purposes. A sign will be placed on the fence as public notification of such. A site plan has been
included in this notification package to outline the compound area ofthis installation.
This package also contains a detailed drawing ofthe proposed antenna components that will comprise
the wireless broadcast equipment.
General information relating to antenna systems is available on Industry Canada's Spectrum
Management and Telecomm unications website (http://www.ic.gc.ca/eic/site/smtgst.nsf/eng/h_sf01702.html)
Page 54 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
Contact information for the proponent, land-use authorities and the local Industry Canada office are
listed below.
Telecommunications facilities such as this are regulated by Industry Canada and are considered to be a
Federal undertaking. However, Industry Canada does require TELUS to consult with the respective Land
Use Authority where the installation is proposed. We are following the Industry Canada Default process
because the Local Land Use Authority does not have a public protocol for us to follow.
TELUS is committed to effective public consultation. The pUblic Is invited to provide comments to TELUS
about this proposal by mail, phone, or email. Please send your comments not less than 30 days by the
dose of business on March 18,2013.
By Mail to:
TELUS
2-3500 Gilmore Way
Burnaby, BC VSG 4W7
Attn: Doug Anastos, Manager - Real Estate and Government Affairs
By Phone or Email to:
Philip Barker, Real Estate Specialist
Phone: (647) 888-9885
Email: [email protected]
The local Industry Canada office is located at 1726 Dolphin Ave., Kelowna, BC V1Y 9R9
Sincerely,
Phil Barker
Real Estate Specialist
TELUS
Page 55 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
TELUS - Public Comment Record
Proposed Telecommunications Installation:
BC1652·02
Site Address:
Municipally known as 77 Cochrane Road, Hwy 6 / Cherryville
Legal Description:
Parcel V (OF L15413) Section 21 Township 57
Osoyoos Division Yale District
Plan 663, except plan KAP70362
Commenter's Information:
Name:
Address:
Telephone:
To be considered part of this consultation, comments must be received by close of business
March 18,2013. Please forward your comments to:
By Mail:
TELUS
2-3500 Gilmore Way
Burnaby, BC V5G 4W7
Attn: Doug Anastos, Manager, Real Estate and Government Affairs
By Phone or E-mail to:
Philip Barker, Real Estate Specialist
Phone: (647) 888-9885
E-mail: [email protected]
COMMENTS:
Page 56 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
ELECTORAL AREA "E"
REFERRAL APPLICATION
SUBJECT PROPERTY MAP
File:
Applicant:
Location:
13-0052-E-REF
Telus
77 Cochrane Road
Page 57 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
Reg ional District of North Okanagan Internet Mapping Site
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THIS MAP IS NOT TO BE USED FOR NAVIGATION
Page 58 of 83
Notes
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
=
PROPOSED
TELUS
TRIPOLE
TOWER
PROPOSED
TELUS
TRJPOLE
TOWER
Page 59 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
TOPOGRAPHIC SURVF:Y OF PROPOSm TOWER SITe: BC1652
WITHIN PARGa v (OF (15413) SECnON 21, TOWNSHIP 57,
OSOYOOS DMSION YALE DISTRICT, PLAN 663 ~CEPT PLAN
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Page 60 of 83
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BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
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Page 61 of 83
.... ADI
AD!
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
Public
Public Notice
Notice
Proposed
ProposedTELUS
TELUS Telecommunications
TelecommunicationsFacility
Facility
SUBJECT:
SUBJECT: Wireless
WirelessTri-poleTower,
Tri-poleTower, 70
70m
m(231
(231 ft)
ft) tall
tallwith
withaa7.93
7.93 m'(85
m'(85 sq
sqtt)
tt)
shelteratatthe
thebase
base
shelter
LOCATION: 77
77 Cochrane
Cochrane Road,
Road, Hwy
Hwy61
61 Cherryville
Cherryville
LOCATION:
LEGALDESCRIPTION:
DESCRIPTION: Parcel
ParcelVV (DF
(DF Ll5413)
Ll5413)Section
Section 21
21 Township
Township 57
57
LEGAL
Osoyoos Division
DivisionYale
Yale District
District
Osoyoos
Plan 663,
663, Except
Except Plan
Plan KAP70362
KAP70362
Plan
SITE LOCA
LOCATION
TION MAP
MAP
SITE
ANY PERSON may make a written submission to the individuals listed by March
18,2013 with respect to this matter.
PLEASE TAKE NOTICE as the approval of this site and its design is under the
exclusive jurisdiction of the Government of Canada through Industry Canada.
ADDmONAL INFORMATION relating to the proposed tower and site may be
obtained through the following contact:
Philip Barker
Real Estate Specialist
T: (647) 888-9885
[email protected]
Page 62 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
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Page 63 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
Typical Self Support Tower
This picture is only an example it does not represent the actual
height or location settings of the proposed site.
Page 64 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
From:
To:
Cc:
Subject:
Date:
Phil Barker
[email protected]
Jennifer deGroot
Re: BC1652 Update
Thursday, March 21, 2013 11:01:21 AM
Hi Mike,
I will forward the additional documentation when Jennifer notifies me of the boards
concurrence.
Phil
On Mar 21, 2013, at 01:50 PM, [email protected] wrote:
Thanks Phil.
I will need the letter from the Land Use authority with their
recommendations, concerns, concurrence or nonconcurrence when that is
complete.
I was thought they had concurred with the proposal. Let me know when
you hear from them.
Thanks,
Mike
From: Phil Barker [mailto:[email protected]]
Sent: Thursday, March 21, 2013 10:46 AM
To: Amyotte, Micheal: DGSO-DGOGS
Cc: Jennifer deGroot
Subject: Fwd: BC1652 Update
Hi Mike as promised see attached.
Phil
Begin forwarded message:
From: Jennifer deGroot <[email protected]>
Date: March 19, 2013 5:12:15 PM
To: 'Phil Barker' <[email protected]>,Ashley Bevan
<[email protected]>
Subject: RE: BC1652 Update
Hi Phil,
Page 65 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
As the use of the property as a telecommunications site is permitted by
the Zoning Bylaw, approval from the Board of Directors is not required. As per our normal process we do not refer the Board on such referrals. I
have attached our referral response letter dated February 18, 2013 for
your reference.
Regards,
Jennifer deGroot, B.Sc.
Planning Assistant, Planning and Building
Regional District of North Okanagan 9848 Aberdeen Road
Coldstream, B.C. V1B 2K9
Ph: 250-550-3746 Fax: 250-550-3701 [email protected] www.rdno.ca
From: Phil Barker [mailto:[email protected]]
Sent: Tuesday, March 19, 2013 12:47 PM
To: Jennifer deGroot
Subject: Fwd: BC1652 Update
Hi Jennifer,
Can you help me with the request below?
Cheers.
Phil
647 888 9885
Begin forwarded message:
From: Doug Anastos <[email protected]>
Date: March 19, 2013 3:39:51 PM
To: "'[email protected]'"
<[email protected]>,Joan anne Dickison
<[email protected]>
Subject: Re: BC1652 Update
Thanks Phil. That's great. Can you please send me the land
use concurrence from the Board of the regional district for
Page 66 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.6
our records.
Regards,
Doug
From: Phil Barker [mailto:[email protected]]
Sent: Tuesday, March 19, 2013 12:16 PM
To: Doug Anastos; Joan anne Dickison
Subject: BC1652 Update
Hi everyone,
The public process for this site has concluded. We
have had very positive feedback. I have notified
Industry Canada and we are good to proceed with
this site. Industry Canada would like me to notify
them once construction begins. I met with the
regional district and they do not require anything
else from us. We decreased the shelter size on this
site to 10x10 so we do not need a building permit.
Doug and I discussed the ALR and we do not need
a permit from them either. So from my standpoint
this site is a go.
Cheers!
Phil
Page 67 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.7
Cherryville and Area Historical Society
918 8wrar Lake Road
Cherryville, BC
VOE2G2
February 18, 2013
Geographical Names Office
GeoBC: Base and Parcel Mapping Section
Ministry of Natural Resource Operations
PO BOX 9355 STN PROV COVT
Victoria, BC
V8W9M2
It is with great pleasure and sense of pride that the Cherryville and Area Historical Society
submits this proposal to name a small, as yet unnamed, lake in Monashee Provincial Park after
the late Douglas C. Kermode. At our request, this lake was selected by Kevin Wilson, BC Parks
North Okanagan Area Supervisor. The selected lake has the support of Area E Director Eugene
Foisy, of the North Okanagan Regional District.
Historical records show that in the summer of 1946, under the guidance of William (Bill) Fraser of
Sugar Lake, Doug Kermode visited the Peters lake region of the Monashee Mountains. As a
professional photographer, he was so taken by the beauty of the area, that the idea came to him
that this area should be preserved as a park. For fourteen years, he brought together various
committees that tirelessly lobbied forestry and parks officials toward the eventual creation of a
park in this area. On June 1, 1962 the area around Peters Lake was deSignated as Monashee
Provincial Park.
Douglas calloway Kermode was born in Vernon in 1913. He was a pilot, a professional
photographer and an avid outdoorsman. He loved the wilderness and had a passion for his
community that gave him an eye for recording what others saw as everyday. His unique
collection of more than 1500 DhotoQraohs, now housed at the Vernon and District Museum and
Archives, give us a pictorial history of the area.
The idea for naming a lake after Doug Kermode came to us in 2012 during the 50th anniversary
celebrations for Monashee Park. We realized that much is owed to this man who dedicated so
much of his life to the park. Without his vision, Monashee Park may never have come in to being.
We thank you for taking the time to consider our proposal, and welcome questions and
comments at any time. I can be reached by phone at 250-547-6344.
Respectfully yours,
Ernest Laviolette,
President, Cherryville and Area Historical Society
Page 68 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.8
--------Cherry Ridge Management
158 North Fork Road
Cherryviile,B.C.
VOE 2G3
Eugene Foisy
RDNO Director Area "E"
9848 Aberdeen Road
Coldstream, B.C.
V1B 2K9
20103/2013
Dear Eugene Foisy
Please find enclosed a proposal to expand the Cherryville Community Forest.
CRMC wants to increase the economic benefits from forest harvest, without straying from
our commii:meni: i:o significant vaiues, i:hai: are very impori:ani: i:o i:he communii:y. Economics
is only one of many other values, recognized and promoted by our community, that drive our
Cherryville Forest decisions.
The Cherry Ridge initiative has fostered closer relations with RDNO, Eric Foster's office,
within our community, with aboriginal and other rural communities. CRMC appreciates the
close cooperation and ongoing collaboration with RDNO in forest and water stewardship.
We are grateful for the letter of support provided by RDNO for our Cherryville Forest
initiative during the 2008 Community Forest license application process.
Couid you please provide a letter from the RDNO Board in support of our expansion to an
annual allowable cut of 7500m3 on a land base within and adjacent to Cherryville.
Thank you for your support
'~~
Hank Cameron RFT
President
Cherry Ridge Management
Page 69 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.9
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 5385.0
TO:
Board of Directors
FROM:
Nicole Kohnert, P. Eng. , FEC
DATE:
April 5th, 2013
SUBJECT:
RDNO Material Recovery Facility Fire: Impact on Vernon and
District Association for Community Living
RECOMMENDATION:
That the staff report dated April 5, 2013 re: RDNO Material Recovery Facility Fire: Impact on Vernon'
and District Association for Community Living be received for information.
SUMMARY:
Vernon and District Association for Community Living (VDACL) provides a broad range of services to
the RDNO Engineering and Parks and Recreation. According to Ed Columbus, Venture Training
Manager, the services VDACL provides are tailored to the individual skill sets of VDACL clients and
the clients are selected for the various tasks based on their skills, ability to interact with others and the
availability of VDACL staff to transport and supervise the clients. VDACL currently provides glass
collection services, stryrofoam processing and recycling and disposal facility litter collection for the
Engineering Department. Other services provided to the RDNO include seasonal park and trail
maintenance, vandalism repair, and excess refuse removal for the Parks, Recreation and Culture
Department.
As a result of the Greater Vernon Recycling and Disposal Facility - Material Recycling Facility (MRF)
fire, VDACL clients are no longer sorting material from the RDNO residential Blue Bag Recycling
Program as a sub-contractor to RDNO's contractor Bluewater Project Inc. Clients working at the MRF
were generally individuals with specific challenges who require direct supervision and who may be
difficult to place in alternate work situations. The routine of the work done at the MRF was well suited
to the abilities of the VDACL clients and the disruption has been very unsettling to them.
In addition to the employment provided by Bluewater Project Inc. for sorting Blue Bag recyclables
VDACL also received a steady stream of revenue from the refundable bottles and cans contained in
the Blue Bags.
As a result of the MRF fire, the RDNO entered into an agreement with Cascades Recovery Inc. to .
accept and process the Blue Bag recyclables. Their proposal of $Oltonne to process and $O/tonne
commodity revenue plus shipping costs from Vernon to Kelowna was accepted at a cost of $6,700 to
$8,300 per month based on the actual monthly tonnage. The agreement and processing price took
into consideration the revenue from the refundables normally found in the RDNO Blue Bag Program.
Page 70 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.9
"
Report to: Board of Directors
File No,: 5385,0
From: Nicole kohnert, P,Eng" FEC
Date: April 3, 2013
Re: RDNO Material Recovery Facility Fire: Impact on Vernon and District Association for Community Living
Page 2 of2
DISCUSSION:
Prior to the MRF fire, there was a great deal of uncertainty with respect to Blue Bag recycling as a
result of the upcoming Extended Producer Responsibility (EPR) Program for packaging and printed
paper (PPP) and since the fire, even greater uncertainty has resulted,
The work opportunities for VOACL with the RONO are currently the following, which will continue or
be enhanced as new programs are developed and as budgets allow,
1,
2,
3,
4,
5,
6,
glass and styrofoam recycling
fluorescent tube and bulb processing
litter picking
parks and trails maintenance
vandalism repair
excess refuse removal,
The relationship with VOACL is a good one and as such the avenues of communication and
cooperation will remain open for the foreseeable future,
,
SUbmit)~
Nicole Kohnert, P.Eng" FEC
Manager Regional Engineering Services
Endorsed by:
~~.,
Appro
General Manager Engineering
Page 71 of 83
d for Inclusion:
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.11
REGIONAL DISTRICT
of
NORTH OKANAGAN
REPORT
File No.: 06-0892-C-WSA
TO:
Greater Vernon Advisory Committee
FROM:
Engineering Department
DATE:
April 2, 2013
SUBJECT:
Conditions of Water Service to Subdivide the Lakeshore Property into
Two Single Family Lots at 9269 Eastside Road (Lot 2, Plan 8952, Sec.
10, Tp. 13, ODYD) Vernon.
RECOMMENDATION:
That it be recommended to the Board of Directors that the application of Ron and Judy Mohr of 9269
Eastside Road for a proposed two lot subdivision be approved subject to deferral of the Greater
Vernon Water requirement to install "all works deemed necessary by the District to provide an
adequate supply of water" and pay a non-refundable cash deposit in the amount of $32,000.00 for
their portion of the watermain improvements and enter into a section 219 covenant as described in
this report to connect the subject property to the GVW water system in the future when available.
SUMMARY:
Ron and & Judy Mohr have submitted an application to vary requirements for subdivision of the
property described as Lot 2, Plan 8952, Sec. 10, Tp. 13, ODYD (Schedule A). The Mohr's intend to
supply the proposed lot with water from Okanagan Lake under an existing water license for the
subject property.
Greater Vernon Water bylaws do not provide the option to apply for a variance; however, in this case
a cash deposit for future watermain construction achieves the same purpose.
DISCUSSION:
For approval of subdivision inside the Greater Vernon Water service area, Section 1.(c) of the (V.I.D.)
Subdivision Water Regulations Bylaw 248, and Section 1.01 of the GVWU Waterworks Regulation
Bylaw No. 2063, 2005 require construction of waterworks to serve the property being subdivided with
domestic water and fire protection. Meeting the requirements under Bylaws 248 and 2063 would
require the Mohr's to extend the GVW watermain 1.5 kilometers (shown on Schedule A) at an
estimated cost of $400,000 and would not be a viable project considering the proposed subdivision
will only create one new single family parcel.
The applicant is also required to construct off-site road improvements in accordance with the City of
Vernon bylaws, and the City of Vernon staff are recommending that, given these off-site works are
premature, a cash deposit in-lieu of construction be provided. In review of the cost to extend the
GVW system to the subject property (estimated cost $400,000) indicates these works are not only
excessive, they are premature. To meet the intent of the VID Bylaw No. 248, staff recommend that
the applicant provide a cash deposit for construction of the watermain and appurtenances (including a
hydrant and service connections) along the property frontage only. It is proposed that the applicant
Page 72 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.11
Report to:
From:
Re:
File No.: 06-0892-VER-WSA
GVAC
Engineering
Proposed Subdivision - 9269 Eastside Road
Page 2 ot J
pay for 50% of the estimated cost of the watermain, and the property owner on the south side of
Eastside Road pay the remaining 50% as a condition of future development. The estimated cost for
the works is $64,000.00; therefore, the cash contribution required to be paid by the Mohr's is
$32,000.00.
In addition, the property owner will be required to:
1. Prior to subdivision approval, obtain a provincial water license for servicing the proposed
development with a potable water supply from Okanagan Lake.
2. Enter into a section 219 covenant as follows:
a. No residence shall be constructed, used or occupied on the Lands unless, in
conjunction with such construction, use and occupancy:
i. the residence, until such time as the Transferee's municipal water service is
installed to a location that is adjacent to the frontage of the Lands in the road
right-of-way for Eastside Road (the "Municipal Water Service Installation"), is
serviced with potable water drawn from Okanagan Lake pursuant to a
Provincial water license that is appurtenant to the Lands; and
ii. the residence, upon completion of the Municipal Water Service Installation, is
connected to the Transferee's municipal water service.
The alternative is for GVW to require construction of waterworks as a condition of subdivision;
however, the Mohr's have indicated that the project would not proceed due to the significant financial
impact to construct the required offsite watermain extension in order to build a single family dwelling.
BACKGROUND/HISTORY:
The property lies within the boundaries of the Greater Vernon Water service area.
EXISTING POLICY:
(V.I. D.) Subdivision Water Regulations Bylaw 248
GVWU Waterworks Regulation Bylaw No. 2063, 2005
Submitted by:
Reviewed and endorsed by:
/'
./'" JOhn Bartell
/
Engineering Technologist
Reviewed and endorsed by:
~(
~
MCTag~ng.
Dale
General Manager Engineering
Approved for Inclusion:
7;;;(!l clli
Traffp rd Hall
Administrator
j
Page 73 of 83
(
Report to:
From:
Re:
GVAC
Engineering
Proposed Subdivision - 9269 Eastside Road
REGIONAL DISTRICT
of
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item E.11
File No.:
06-0892-VFR-W~A
Page 30f3
SCHEDULE 'A'
NORTH OKANAGAN
SUBJECT PROPERTY:
9269 Eastside Road
REQUIRED WATERMAIN
PROPOSED FOR DEFERRAL
SUBJECT
PROPERTY
Page 74 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item G.1a
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a REGULAR meeting of the GREATER VERNON ADVISORY COMMITTEE held
in the Board Room at the Regional District Office on Thursday, April 4, 2013.
Members:
Director M. Macnabb
Councillor G. Kiss
Alternate Director J. Garlick
Alternate Director B. Spiers
Director R. Sawatzky
Alternate Director C. Lord
Director B. Fleming
Electoral Area "C"
District of Coldstream
District of Coldstream
City of Vernon
City of Vernon
City of Vernon
Electoral Area "B"
Staff:
T. Hall
Administrator
General Manager Engineering
General Manager Finance
Parks Planner
Community Development Coordinator
Facilities Manager
Water Sustainability Coordinator
Water Sustainability Coordinator (Temp)
Manager Greater Vernon Water
Clerk (taking minutes)
D. McTaggart
D. Sewell
K. Pinkoski
T. Nelson
J. Coughlin
J. Miles
E. Posluns
Z. Marcolin
H. Roseberry
Also Present: Councillor M. Besso
(Chair)
(Vice Chair)
District of Coldstream
District of Coldstream
District of Coldstream
City of Vernon
City of Vernon
Director D. Dirk
Councillor P. McClean
Director M. O’Keefe
Director J. Cunningham
Media and Public
CALL MEETING TO ORDER
The meeting was called to order at 8:02 a.m.
APPROVAL OF AGENDA
Regular Agenda – April 4, 2013
Moved and seconded by Alternate Director Lord and Councillor Kiss
That the Agenda of the April 4, 2013 Greater Vernon Advisory Committee meeting be approved
with the following additions:
Item D.2 – Conditions of Water Service to Subdivide the Lakeshore Property into Two
Single Family Lots at 9269 Eastside Road (Lot 2, Plan 8952, Sec. 10, Tp. 13, ODYD)
Vernon
CARRIED
Page 75 of 83
Greater Vernon Advisory Committee
Minutes – Regular
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item G.1a
-2-
April 4, 2013
ADOPTION OF MINUTES
Greater Vernon Advisory Committee – Special - December 18, 2012
Moved and seconded by Councillor Kiss and Alternate Director Lord
That the minutes of the December 18, 2012 Greater Vernon Advisory Committee special
meeting, be adopted as circulated.
CARRIED
Greater Vernon Advisory Committee - March 7, 2013
Moved and seconded by Councillor Kiss and Alternate Director Lord
That the minutes of the March 7, 2013 Greater Vernon Advisory Committee meeting, be
adopted as circulated.
CARRIED
NEW AND UNFINISHED BUSINESS
Future Water Rates Structure
Discussion ensued around the philosophy behind setting future Water Rates and addressing
current inequities.
Moved and seconded by Director Fleming and Alternate Director Spiers
That it be recommended to the Board of Directors that staff be directed to provide the Greater
Vernon Advisory Committee with the Water Rates Calculator that includes the effect on each of
the main user categories when rate changes are being proposed.
CARRIED
Opposed by Councillor Kiss
Moved and seconded by Alternate Directors Garlick and Lord
That it be recommended to the Board of Directors that staff provide the committee with the
historical objectives and directions with regards to water rates that staff are working with now
and provide an update on what has been achieved.
CARRIED
Conditions of Water Service to Subdivide the Lakeshore Property into Two Single Family
Lots at 9269 Eastside Road (Lot 2, Plan 8952, Sec. 10, Tp. 13, ODYD) Vernon
Moved and seconded by Director Sawatzky and Alternate Director Spiers
That it be recommended to the Board of Directors that the application of Ron and Judy Mohr of
9269 Eastside Road for a proposed two lot subdivision be approved subject to deferral of the
Greater Vernon Water requirement to install “all works deemed necessary by the District to
provide an adequate supply of water” and pay a non-refundable cash deposit in the amount of
$32,000.00 for their portion of the watermain improvements and enter into a section 219
covenant as described in the staff report dated April 2, 2013 re: Conditions of Water Service to
Subdivide the Lakeshore Property into Two Single Family Lots at 9269 Eastside Road (Lot 2,
Plan 8952, Sec. 10, Tp. 13, ODYD) Vernon to connect the subject property to the Greater
Vernon Water system in the future when available.
CARRIED
Page 76 of 83
Greater Vernon Advisory Committee
Minutes – Regular
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item G.1a
-3-
April 4, 2013
REPORTS
Vernon Soccer Association – Community Sports Field and Athletics Facility Letter of
Support
Moved and seconded by Councillor Kiss and Alternate Director Lord
That the Letter of Support provided by the Vernon Soccer Association for the Community Sports
Field and Athletics Facility dated March 10, 2013 be received for information.
CARRIED
Arts B.C. Assembly of Arts Councils’ Conference – Letter of Invitation
Moved and seconded by Councillor Kiss and Alternate Director Lord
That the Invitation to Attend the Arts B.C. Assembly of Arts Councils’ Conference letter dated
March 18, 2013 be received for information.
CARRIED
IN CAMERA
Moved and seconded by Councillor Kiss and Alternate Director Lord
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 – land acquisition) of the Community Charter.
CARRIED
The Regular meeting of the Greater Vernon Advisory Committee adjourned to meet In Camera
at 9:48 a.m.
The Regular meeting of the Greater Vernon Advisory Committee reconvened at 11:08 p.m.
ADJOURNMENT
There being no further business, the meeting was adjourned at 11:09 p.m.
Certified Correct:
Chair
Corporate Officer
Page 77 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item G.1b
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a REGULAR meeting of the ELECTORAL AREA ADVISORY COMMITTEE held
in the Board Room at the Regional District Office on Thursday, April 4, 2013
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”
Chair
Vice Chair
Staff:
L. Mellott
R. Smailes
L. Frank
A. Kittel
C. Elley
General Manager, Electoral Area Administration
General Manager, Planning and Building
Sustainability Coordinator
Regional Growth Strategy Coordinator
Clerk (taking minutes)
Others:
Director P. Nicol
Dan Huang
Dave Morris
City of Vernon (Board Chair)
Urban Systems
Urban Systems
Public
CALL MEETING TO ORDER
The chair called the meeting to order at 2:00 p.m.
APPROVAL OF AGENDA
Regular Agenda – April 4, 2013
Moved and seconded by Directors Macnabb and Foisy
That the Agenda of the April 4, 2013 Electoral Area Advisory Committee meeting be approved
with the following addition:
• In Camera Agenda - E.2 – Under Section 90(1)(g) of the Community Charter
CARRIED
ADOPTION OF MINUTES
Electoral Area Advisory Committee – March 7, 2013
Moved and seconded by Directors Fairbairn and Pearase
That the minutes of the March 7, 2013 Electoral Area Advisory Committee Meeting be adopted
as circulated.
CARRIED
Page 78 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-2-
April 4, 2013
PETITIONS AND DELEGATIONS
Rezoning Application
0708002 BC Ltd – Jagert (File No. 12-0514-F-RZ)
Terry Laursen, #202 3473 Lake View Place, Enderby, spoke in support of the application.
Annexation Impact Study Presentation
Dan Huang and Dave Morris of Urban Systems provided a presentation on work to date for
Phase II of the Annexation Impact Study.
NEW BUSINESS
Bylaw 2582 – Silver Star Mountain Community Services Administration Service
Establishment Amendment
Moved and seconded by Directors Macnabb and Fairbairn
That it be recommended to the Board of Directors that Silver Star Mountain Community
Services Administration Service Establishment Amendment Bylaw No. 2582, 2013 be given
First, Second and Third Readings; and further,
That Silver Star Mountain Community Services Administration Service Establishment
Amendment Bylaw No. 2582, 2013 be referred to the service participant for consent.
CARRIED
Bylaw 2583 – Albers Road Natural Gas Local Service – Repeal
Moved and seconded by Directors Fairbairn and Pearase
That it be recommended to the Board of Directors that Albers Road Natural Gas Local Service
Establishment Repeal Bylaw No. 2583, 2013 be given First, Second and Third Readings; and
further,
That Albers Road Natural Gas Local Service Establishment Repeal Bylaw No. 2583, 2013 be
referred to the service participant for consent.
CARRIED
Bylaw 2584 – Small Scale Wood Fibre Harvesting Program - Repeal
Moved and seconded by Directors Foisy and Fairbairn
That it be recommended to the Board of Directors that Regional District of North Okanagan
Small Scale Wood Fibre Harvesting Program Administrative Service Repeal Bylaw No. 2584,
2013 be given First, Second and Third Readings; and further,
That Regional District of North Okanagan Small Scale Wood Fibre Harvesting Program
Administrative Service Repeal Bylaw No. 2584, 2013 be referred to the service participants for
consent.
CARRIED
Page 79 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-3-
April 4, 2013
Rezoning Application
0708002 BC Ltd – Jagert (File No. 12-0514-F-RZ)
Moved and seconded by Directors Pearase and Fairbairn
That it be recommended to the Board of Directors that Rezoning Bylaw No. 2576, 2013 which
proposes to rezone the property legally described as Lot A, Sec 14, Twp 19, R6, W6M, KDYD,
Plan 29460 and located at Parkway Road and Mabel Lake Road, Electoral Area “F” from the
Non-Urban (N.U) zone to the Neighbourhood Commercial (C.3) zone and a proposed new
Residential Large Lot Housing with Suite or Two Family Dwelling (R.7) zone be given First
Reading; and further
That Second Reading of Rezoning Bylaw No. 2576, 2013 be withheld until:
1) the applicant submits a revised site plan which provides for an accessible and useable
public park space in accordance with Section 941 of the Local Government Act and the
Official Community Plan land use designation of the subject property;
2) the Enderby/Area “F” Joint Services Commission reviews and provides comment on the
proposed park and trail plan; and further
3) a report from a geotechnical engineer that addresses slope stability of the bank on the
western portion of the property is provided; and further
That Final Adoption of Rezoning Bylaw No. 2567, 2013 be withheld until the Engineering
Department is satisfied that the existing sewer and water utilities have capacity to accommodate
the proposed subdivision.
CARRIED
Director Pearase provided an overview of discussions from the Area “F” Advisory Planning
Commission meeting.
Annexation Impact Study Presentation (Dan Huang with Urban Systems)
Moved and seconded by Directors Macnabb and Pearase
That the report dated March 26, 2013 from Urban Systems be received for information.
CARRIED
It was requested that a workshop be arranged for May 9, 2013 for Dan Huang and Dave Morris
of Urban Systems to provide an overview of Phase II of the Annexation Impact Study.
Agricultural Land Commission Application
Leitrim Contracting Ltd. c/o Michael O’Rourke ( File No. 13-0013-D-ALR)
Moved and seconded by Directors Macnabb and Fairbairn
That it be recommended to the Board of Directors, that the application of Leitrim Contracting
Ltd. c/o Michael O’Rourke under Section 20(3) of the Agricultural Land Commission Act for a
non-farm use related to a proposed private shooting range on the property legally described as
District Lot 628, ODYD and located at Trinity Valley Road, Electoral Area “D” be authorized for
submission to the Agricultural Land Commission.
Page 80 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-4-
April 4, 2013
Moved and seconded by Directors Macnabb and Fairbairn
That the motion be amended by adding the following:
That support be provided on the following conditions:
• Registration of a restrictive covenant on the title of the subject property to restrict the
recreational commercial use of the property to a shooting range; and
• Long term road access and tenure being available and guaranteed; and
• Confirmation that the proposed use will comply with the Riparian Areas Regulations.
CARRIED
Motion as amended:
That it be recommended to the Board of Directors, that the application of Leitrim Contracting
Ltd. c/o Michael O’Rourke under Section 20(3) of the Agricultural Land Commission Act for a
non-farm use related to a proposed private shooting range on the property legally described as
District Lot 628, ODYD and located at Trinity Valley Road, Electoral Area “D” be authorized for
submission to the Agricultural Land Commission; and further,
That support be provided on the following conditions:
• Registration of a restrictive covenant on the title of the subject property to restrict the
recreational commercial use of the property to a shooting range; and
• Long term road access and tenure being available and guaranteed; and
• Confirmation that the proposed use will comply with the Riparian Areas Regulations.
CARRIED
Proposed TELUS Telecommunication Tower Installation
(File No. 13-0052-E-REF)
Moved and seconded by Directors Foisy and Fairbairn
That the report dated March 20, 2013 regarding a proposed Telus telecommunication tower
installation located at 77 Cochrane Road, Electoral Area “E” be received for information; and
further,
That it be recommended to the Board of Directors, a response be sent to Telus and Industry
Canada confirming the use of 77 Cochrane Road as a telecommunications tower site complies
with Section 305.2 of Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 and
neither the installation of a telecommunications tower, nor Industry Canada’s Public Notification
Process fall within the jurisdiction of the Regional District of North Okanagan’s Board of
Directors.
CARRIED
Letter of Support – Naming of Lake after Doug Kermode
Moved and seconded by Directors Foisy and Pearase
That it be recommended to the Board of Directors that a letter of support be forwarded to the
Geographical Names Office for the naming of a lake in Monashee Provincial Park after the late
Douglas C. Kermode.
CARRIED
Page 81 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-5-
April 4, 2013
Letter of Support – Expansion of Cherryville Community Forest
Moved and seconded by Directors Foisy and Fairbairn
That it be recommended to the Board of Directors that a letter of support be forwarded to the
Minister of Forests, Lands and Natural Resource Operations for the expansion of Cherryville
Community Forest to an annual allowable cut of 7500m3.
CARRIED
REPORTS
Vernon / North Okanagan Safe Communities Unit
Moved and seconded by Directors Macnabb and Pearase
That the report dated March 25, 2013 from the Vernon / North Okanagan Detachment – Safe
Communities Unit be received for information.
CARRIED
Advisory Planning Commission Meetings
Moved and seconded by Directors Macnabb and Pearase
That the minutes of the following Advisory Planning Commission meetings be received for
information:
a. Electoral Area “C”– Meeting of March 27, 2013 (to be distributed at meeting)
b. Electoral Area “E” – Meeting of March 25, 2013 (to be distributed at meeting)
c. Electoral Area “F” – Meeting of March 18, 2013 (to be distributed at meeting)
CARRIED
General Manager’s Report
The General Manager, Electoral Area Administration provided an update on the following
matters:
Southern Interior Local Government Association (SILGA)
• May 1-3, 2013
Board Meeting
• Reminder - first meeting in May has been rescheduled to April 30th
Internet (Cherryville)
• Next step is a procurement process to select an Internet Service Provider
• Draft RFP will be forwarded to Network BC for their review and assistance
Conservation Officer Service
• Will attend Board meeting twice annually in May and November
• Will attend EAAC meeting twice annually in February and August (in conjunction with the
RCMP)
Boat Patrols
• Working with the RCMP on wording to amend the MoU
Page 82 of 83
BOARD of DIRECTORS - REGULAR AGENDA
April 17, 2013 - Item G.1b
Electoral Area Advisory Committee
Minutes – Regular
-6-
April 4, 2013
IN CAMERA
Moved and seconded by Directors Fairbairn and Macnabb
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 Section 90(1)(g) of the Community Charter.
CARRIED
The regular meeting of the Electoral Area Advisory Committee adjourned to meet In Camera at
3:45 p.m.
The regular meeting of the Electoral Area Advisory Committee reconvened at 4:27 p.m.
ADJOURNMENT
There being no further business the meeting was adjourned at 4:30 p.m.
Certified Correct:
Chair
Corporate Officer
Page 83 of 83
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