REGIONAL DISTRICT OF NORTH OKANAGAN
(Opportunity for Introduction of Late Items)
(Opportunity for Introduction of Late Items – In Camera Agenda)
RECOMMENDATION 1
(Unweighted Corporate Vote – Simple Majority)
That the Agenda of the January 15, 2014 regular meeting of the Board of Directors be approved as presented.
RECOMMENDATION 2
(Unweighted Corporate Vote – Simple Majority)
Page 1
That the minutes of the December 11, 2013 meeting of the Board of Directors be adopted as circulated.
RECOMMENDATION 3 Page 13
(Unweighted Corporate Vote – Simple Majority)
That the minutes of the December 11, 2013 meeting of the Committee of the Whole be adopted as circulated.
[See Item E.2]
Board of Directors Agenda – Regular - 2 -
January 15, 2014
[See Item E.3]
[See Item E.4]
− Staff report dated December 20, 2013
RECOMMENDATION 4
(Part 26 – Special Voting – Includes Electoral Areas Only)
Adopted.
Page 15
That
Subdivision Servicing Bylaw No. 2600, 2013
, which proposes to replace
Regional District of North Okanagan Subdivision Servicing Bylaw No. 726, 1986, be
− Bylaw 2611, 2013
RECOMMENDATION 5
(Part 26 – Special Voting – Includes Electoral Areas Only)
Page 32
That as recommended by the Electoral Area Advisory Committee,
Rezoning Bylaw
No. 2611, 2013
which proposes to rezone a portion of the property legally described as the South ½ of the South West ¼ of Sec 5, Twp 40, ODYD, Except Plan 28492 and located at 171 Brookfield Road, Electoral Area “D” from the Non-Urban (N.U) zone to the Country Residential (C.R) zone as shown on Schedule ‘A’ attached to and forming part of Bylaw No. 2611 be given First and Second Readings and be forwarded to a Public Hearing.
*Report added to end of document
RECOMMENDATION 6
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, the application of
James Schalin c/o William E. Maddox under Section 21(2) of the
Agricultural Land
Commission Act
to subdivide by homesite severance a 1.2 ha portion of the property legally described as that part of the NW ¼ of Sec 8, lying north of the right bank of the Shuswap River, Twp 19, R6, W6M, KDYD, except that part thereof lying between
Board of Directors Agenda – Regular - 3 - January 15, 2014 the right bank of the Shuswap River and Enderby Mabel Lake Road and located at
2807, 2843 and 2845 Enderby Mabel Lake Road, Electoral Area “F” be authorized for submission to the Agricultural Land Commission subject to the area of the homesite lot being reduced to 1 ha.
*Report added to end of document
RECOMMENDATION 7
(Unweighted Corporate Vote – Simple Majority)
That as recommended by the Electoral Area Advisory Committee, the application of
Dean and Laura Campbell under Section 20(3) of the Agricultural Land Commission
Act to place a second residence (modular manufactured home) for family members on the property legally described as the South 1/2 of the NE 1/4, Sec 16, Twp 41,
ODYD, Except Plans KAP44826 and KAP81250 and located at 670 Creighton Valley
Road, Electoral Area “D” be supported and the Building Inspector be authorized to issue a Building Permit for the proposed residence.
− Staff report dated December 12, 2013
RECOMMENDATION 8 Page 35
(Part 26 – Special Voting – Includes Electoral Areas and Spallumcheen)
That subject to the applicant revising the hours of liquor service to starting no earlier than 10:00 am, the application be supported for a Liquor Primary Licence of
Pinheads Bowling (Jennifer and Duncan Miller) on the property legally described as
Strata Lot 71, DL 1355, ODYD, Strata Plan KAS3727, together with an interest in the common property in proportion to the unit entitlement of the Strata Lot as shown on
Form V and located at # 71 – 30 Monashee Road, Electoral Area “C” for the following reasons:
1. the potential for noise would likely not increase beyond current levels; and
2. the community and nearby residents would not be impacted as the seating capacity and hours of service are not proposed to change, the subject business is within close proximity to the commercial core of the resort community of Silver
Star Mountain and similar commercial operations where current land use regulations and long-range planning have been implemented to adequately regulate and plan for these commercial operations; and further,
That the Liquor Control and Licensing Branch be advised that the views of residents were not gathered as the Board deemed the potential for noise would likely not increase and nearby residents would not be impacted.
RECOMMENDATION 9
(Part 26 – Special Voting – Includes Electoral Areas Only)
That as recommended by the Electoral Area Advisory Committee, a Development
Permit with Variances be issued for the properties legally described as Parcel A of
Board of Directors Agenda – Regular - 4 - January 15, 2014
Lot 4, Sec 22, Twp 20, R8, W6M, KDYD, Plan 1471 AND Lot 4, Sec 22, Twp 20, R8,
W6M, KDYD, Plan 1471, Except:(1) Parcel A (DD C10573F) (2) Plan H809 and located at 8242 Highway 97A, Electoral Area “F” to vary the following sections of the
Regional District of North Okanagan Zoning Bylaw No. 1888, 2003:
1. Section 505.10.c by varying the maximum allowable size of accessory buildings
(sheds) from 7.432 m
2
to 9.9 m
2
;
2. Section 505.10.c by varying the maximum allowable size of a deck attached to a recreational vehicle from 50% of the Gross Floor Area of the recreational vehicle to 51.56 m
2
not including stairs or 53.42 m
2
including stairs; and
3. Section 1301.12.c by varying the setback of trailers from 3 m to the edge of a roadway to 3.66 m to the centre of a roadway; and further,
That the Development Permit with Variances contain the following conditions:
1. The dimensions and siting of the campsites, buildings, parking and landscaped areas on the land be in general accordance with the site plan attached to the
Planning Department Report dated October 31, 2013;
2. Accessory buildings (sheds) must be finished with cedar siding or other materials to match the recreation vehicle located on the same site and may not exceed a wall height of 2.44 m and an overall height of 3.66 m; and
3. Covered decks and glass or screen enclosed sunrooms shall be permitted to be attached to a recreation vehicle having a maximum area equal to fifty percent
(50%) of the Gross Floor Area of the recreation vehicle. Covered decks and sunrooms shall not be enclosed by walls higher than three (3) feet above the floor level and shall not be heated or provided with electrical wiring services; and further,
That issuance of the Development Permit with Variances be withheld until the
Regional District of North Okanagan receives notification from the Ministry of
Environment that an assessment report has been received, demonstrating that the proposed development meets the requirements of Section 4(2) or of Section 4(3) of the Riparian Area Regulations.
− Staff report dated December 4, 2013
RECOMMENDATION 10 Page 43
(Part 26 – Special Voting – Includes Electoral Areas Only)
That pursuant to Section 8 of Advisory Planning Commission Bylaw No. 1748,
2002, the following persons be reappointed to the Electoral Area “B” Advisory
Planning Commission for a two year term to expire on December 31, 2015:
− Richard H. Butters; and
−
Bryan Ryley.
− Letter dated November 28, 2013
RECOMMENDATION 11 Page 44
(Unweighted Corporate Vote – Simple Majority)
That Director Juliette Cunningham change to Alternate Director and Alternate
Director Catherine Lord change to Director on the Board of Directors; and
Board of Directors Agenda – Regular - 5 - January 15, 2014
That Alternate Director Juliette Cunningham replace Director Catherine Lord as representative on the Greater Vernon Advisory Committee.
RECOMMENDATION 12
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, $94,409 for the
Multiplex Youth Subsidy be removed from the (060) Greater Vernon Parks,
Recreation and Culture 2014 Financial Plan.
RECOMMENDATION 13
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, a 1% increase in the operating grant be approved for the Greater Museum and Archives in the 2014
Financial Plan.
RECOMMENDATION 14
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, a 1% increase to the operating grant be approved for the Arts Council of the North Okanagan in the
2014 Financial Plan.
RECOMMENDATION 15
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, a 0% increase to the operating grant be approved for the Vernon Public Art Gallery in the 2014
Financial Plan.
RECOMMENDATION 16
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, the request of
$20,000 for the Caetani Cultural Centre not be included in the 2014 Financial Plan.
Board of Directors Agenda – Regular
- 6 - January 15, 2014
RECOMMENDATION 17
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, a 0% increase to the operating grant be approved for the Teen Junction in the 2014 Financial Plan.
RECOMMENDATION 18
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, $161,013 be approved for the Boys and Girls Club in the 2014 Financial Plan.
RECOMMENDATION 19
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, a $32,500 operating grant for the Okanagan Science Centre be approved for inclusion in the
2014 Financial Plan.
RECOMMENDATION 20
(Customized Stakeholder Vote – Includes Coldstream, Vernon, Electoral Areas “B” and “C”)
That as recommended by the Greater Vernon Advisory Committee, a $15,000 operating grant for Gallery Vertigo be approved for inclusion in the 2014 Financial
Plan.
RECOMMENDATION 21
(Unweighted Corporate Vote – Simple Majority)
Page 46
That the minutes of the following meeting be received for information:
− Greater Vernon Advisory Committee – Special – December 19, 2013
(unadopted)
Board of Directors Agenda – Regular
- 7 - January 15, 2014
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a
meeting of the
of the
held in the Boardroom at the Regional District Office on
Wednesday, December 11, 2013.
Director P. Nicol
Director R. Fairbairn
Alt. Director C. Pieper
Director D. Dirk
Director H. Cyr
Director K. Acton
Director J. Brown
Director R. Sawatzky
Alt. Director J. Cunningham
Director M. O’Keefe
Director B. Fleming
Director M. Macnabb
Director E. Foisy
Director J. Pearase
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. Sewell
L. Mellott
R. Smailes
D. McTaggart
J. Byron
K. Pinkoski
T. Nelson
R. Baker
D. Danallanko
A. Kittel
L. Schrauwen
Alt. Director S. Ghattas
Alt. Director J. Garlick
Councilor G. Kiss
Media and Public
Administrator
General Manager, Finance
General Manager, Electoral Area Administration
General Manager, Planning and Building
General Manager, Engineering
Corporate Officer / Human Resources Manager
Parks Planner
Community Development Coordinator
Community / Protective Services Manager
Regional Disposal Facility Operations Manager
Regional Growth Strategy Coordinator
Temp. Senior Clerk (taking minutes)
Electoral Area “B”
District of Coldstream
District of Coldstream
Larry Gardiner, Engineering Technologist / Cross Connection Control Officer, and Donna
Douglas, Clerk, both of the Engineering Department, were acknowledged for their 5 year’s service with the Regional District of North Okanagan.
The meeting was called to order at 4:01 p.m.
Page 1 of 49
Board of Directors Minutes – Regular - 2 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013
The Corporate Officer called three times for nominations for the office of Chair of the Board of
Directors pursuant to the provisions of Section 792 of the
Local Government Act.
Director Acton nominated Director Nicol, seconded by Director Cyr.
There being no other nominations, Director Nicol was elected Chair of the Board of Directors by acclamation.
The Corporate Officer called three times for nominations for the office of Vice Chair of the Board of Directors pursuant to the provisions of Section 792 of the
Local Government Act.
Director Acton nominated Director Fairbairn, seconded by Director Macnabb.
There being no other nominations, Director Fairbairn was elected Vice Chair of the Board of
Directors by acclamation.
Director Nicol assumed the Chair.
Moved and seconded by Director Macnabb and Alternate Director Cunningham
That the Agenda of the December 11, 2013 regular meeting of the Board of Directors be approved as amended:
Regular Agenda:
– Item E.20 – Sound Level Meter Kit and Training to Enforce
Okanagan Noise Regulation Bylaw No. 2581, 2013
Regional District of North
–
–
Item E.21 – Electoral Area "D" Advisory Planning Commission Reappointments
Item E.22 – Electoral Area "E" Advisory Planning Commission Reappointments
–
Item E.23 – Electoral Area "F" Advisory Planning Commission Reappointments
– Item E.24 – Art Gallery and Museum Development and Referendum Process
– Item E.25 – Greater Vernon Museum and Archives – 2014 Board Appointments
– Item E.26 – Water Supply Agreement – Stepping Stones
– Item E.27 – Custom Voting at the Board of Directors
– Item G.1c – Electoral Area Advisory Committee Meeting Minutes – Regular – December 5,
2013 (unadopted)
– Item G.1d – Greater Vernon Advisory Committee Meeting Minutes – Regular – December 5,
2013 (unadopted)
In Camera Agenda:
– Item E.2 – Section 90(1)(g)
– Item E.3 – Section 90(1)(e)
– Item E.4 – Section 90(1)(e)
– Item G.1a – Electoral Area Advisory Committee Meeting Minutes – In Camera – December
5, 2013 (unadopted)
Page 2 of 49
Board of Directors Minutes – Regular - 3 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013
– Item G.1b – Greater Vernon Advisory Committee Meeting Minutes – In Camera – December
5, 2013 (unadopted)
Moved and seconded by Directors Brown and Dirk
That the minutes of the November 20, 2013 meeting of the Board of Directors be adopted as circulated.
Moved and seconded by Directors Macnabb and Fleming
That the minutes of the November 20, 2013
Directors be adopted as circulated.
Public Hearing [Bylaw 2600] of the Board of
Discussion ensued regarding the provision of transit tickets to the United Way.
Moved and seconded by Directors Macnabb and Fleming
That
Subdivision Servicing Bylaw No. 2600, 2013
, which proposes to replace Regional District of North Okanagan Subdivision Servicing Bylaw No. 726, 1986, be amended as follows:
(1) Section 402 be amended by replacing the words “...standards prescribed by...” with the words “...requirements of...” such that the first paragraph of Section 402 would read:
All highways must be dedicated and constructed in accordance with the requirements of the
Ministry of Transportation and Infrastructure.
(2) Section 200 be amended by changing the definition of SUBDIVISION from:
means the division of land into two (2) or more
, whether by plan, apt descriptive words, or otherwise and includes consolidation of two (2) or more
as well as boundary adjustments, as defined in the
Land Title Act
or under the
Strata Property Act
. to:
means the division of land into two (2) or more
, whether by plan, apt descriptive words, or otherwise as defined in the
Land Title Act
or under the
Strata Property
Act
.
(3) Section 400 be amended to allow applicants to provide water quality tests, well yield tests, pumping tests, and hydrogeological reports which are dated not more than five (5) years, rather than three (3) years, prior to the date of subdivision application; and further,
That
Subdivision Servicing Bylaw No. 2600, 2013
, as amended, be forwarded to the Ministry of
Transportation and Infrastructure for formal endorsement.
Page 3 of 49
Board of Directors Minutes – Regular - 4 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013
Moved and seconded by Directors Fleming and Macnabb
That
Zoning Bylaw Text Amendment No. 2546, 2012
which proposes to amend the text of
Zoning Bylaw No. 1888, 2003 to allow a Dog Accommodation and Dog Day-Care Facility in the
Residential Single Family Zone [R.1] for the property legally described as Lot 5, Section 23,
Township 8, ODYD, Plan 2728, Except Plans 16975, 21405, 28462 and H433 and located at
7432 Pleasant Valley Road, Electoral Area “B”, be Adopted.
Moved and seconded by Directors Fairbairn and Fleming
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 Adopted.
Moved and seconded by Directors Macnabb and Pearase
That
Zoning Bylaw Text Amendment No. 2589, 2013
to include the Agricultural Land
Commission Agri-tourism provisions into Zoning Bylaw No. 1888, 2003 be given First Reading; and further,
That
Zoning Bylaw Text Amendment No. 2589, 2013
be referred to various agencies such as the Regional Agricultural Advisory Committee, Advisory Planning Commissions, Ministry of
Agriculture, and Agricultural Land Commission.
Moved and seconded by Directors Fleming and Fairbairn
That
Zoning Text Amendment Bylaw No. 2592, 2013
which proposes to amend the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 to permit secondary suites within single family dwellings on parcels in the Small Holding (S.H), Country Residential (C.R), Non-
Urban (N.U), and Large Holding (L.H) zones be given First Reading; and further,
That
Zoning Bylaw Text Amendment No. 2592, 2013
be referred to the Interior Health Authority,
Okanagan Basin Water Board and Advisory Planning Commissions for review and comment.
Page 4 of 49
Board of Directors Minutes – Regular - 5 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013
Moved and seconded by Directors Macnabb and Fairbairn
That a letter be forwarded to the Ministry of Health requesting that the definition of a “water supply system” exclude two private residences served by the same water system on a single parcel of land.
Moved and seconded by Directors Fairbairn and Foisy
That the matter of
Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No.
2603, 2013
which proposes to amend the Official Community Plan to include Policies regarding
Genetically Modified Organisms be postponed until further clarification of the definitions of
‘Genetically Engineered Organisms’ and ‘Genetically Modified Organisms’ at the January 16,
2014 Electoral Area Advisory Committee meeting.
Moved and seconded by Directors Dirk and Sawatzky
That
Greater Vernon Sub-Regional Parks and Trails Service Fees Imposition Bylaw No. 2612,
2013
be given First, Second and Third Readings.
Moved and seconded by Directors Macnabb and Dirk
That
Greater Vernon Sub-Regional Parks and Trails Service Fees Imposition Bylaw No. 2612,
2013
be amended to round fees to the nearest five (5) cents.
Moved and seconded by Alternate Director Cunningham and Director Macnabb
That
Greater Vernon Sub-Regional Parks and Trails Service Fees Imposition Bylaw No. 2612,
2013
be Adopted.
Moved and seconded by Directors Macnabb and Pearase
That
Zoning Text Amendment Bylaw No. 2613, 2013
, which proposes to amend the Regional
District of North Okanagan Zoning Bylaw No. 1888, 2003 by prohibiting mineral extraction and processing in the Country Residential (C.R) zone in Electoral Areas “B” and “C” be given First
Reading; and further,
That
Zoning Text Amendment Bylaw No. 2613, 2013
be referred to internal departments, legal counsel, the Agricultural Land Commission, the Ministry of Energy and Mines, Advisory
Planning Commissions and various agencies for review and comment prior to consideration of
Second Reading.
Moved and seconded by Directors Cyr and Brown
That
Municipal Solid Waste Management Amendment Bylaw No. 2614, 2013
be given First,
Second and Third Readings.
Page 5 of 49
Board of Directors Minutes – Regular - 6 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013
Moved and seconded by Directors Fleming and Macnabb
That
Municipal Solid Waste Management Amendment Bylaw No. 2614, 2013
be amended to include an effective date of April 1, 2014.
Moved and seconded by Alternate Director Cunningham and Director Cyr
That
Municipal Solid Waste Management Amendment Bylaw No. 2614, 2013
be Adopted.
Moved and seconded by Directors Fleming and Macnabb
That
Electoral Areas “B” and “C” Parks Fees and Charges Imposition Bylaw No. 2615, 2013
be given First, Second and Third Readings.
Moved and seconded by Directors Macnabb and Fleming
That
Electoral Areas “B” and “C” Parks Fees and Charges Imposition Bylaw No. 2615, 2013
be amended to round fees to the nearest five (5) cents.
Moved and seconded by Directors Fleming and Macnabb
That
Electoral Areas “B” and “C” Parks Fees and Charges Imposition Bylaw No. 2615, 2013
be
Adopted.
Moved and seconded by Director Sawatzky and Alternate Director Cunningham
That
Regional District of North Okanagan 2013 - 2017 Five Year Financial Plan Amendment
Bylaw No. 2616, 2013
be given First, Second and Third Readings.
Moved and seconded by Alternate Director Cunningham and Director Sawatzky
That
Regional District of North Okanagan 2013 - 2017 Five Year Financial Plan Amendment
Bylaw No. 2616, 2013
be Adopted.
The General Manager, Electoral Area Administration noted that the Village of Lumby endorsed the second draft of Bylaw 2617 with the following amendment:
Section 4 is amended as follows:
- By deleting the portion that reads “annual net cost shall not exceed the product of a levy of
$0.80 per capita” and replacing it with "annual net cost shall not exceed the product of a levy of $2.54
per capita”.
Page 6 of 49
Board of Directors Minutes – Regular - 7 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013
Moved and seconded by Directors Acton and Fairbairn
That
Lumby Community Services Centre Grant-in-aid Conversion and Establishment
Amendment Bylaw No. 2617, 2013
be given First, Second and Third Readings and be forwarded to the participants for consent; and further,
That, upon obtaining unanimous consent of the participants,
Lumby Community Services Centre
Grant-in-aid Conversion and Establishment Amendment Bylaw No. 2617, 2013
be forwarded to the Inspector of Municipalities for statutory approval.
Moved and seconded by Directors Sawatzky and Macnabb
That
Greater Vernon Water Subdivision and Development Servicing Bylaw No. 2650, 2013
which proposes to replace the following bylaws upon adoption:
1. and
"Vernon Irrigation District Subdivision Water Regulations Bylaw No. 248, 1960"
amendments thereto; and
2.
“GVWU Waterworks Regulation Bylaw No. 2063, 2005"
and amendments thereto; and
3.
“GVWU Land Development Regulation Bylaw No. 2076, 2005”
and amendments thereto be given First Reading; and further,
That
Greater Vernon Water Subdivision and Development Servicing Bylaw No. 2650, 2013
be referred for comments to various agencies and stakeholders prior to consideration of
Second Reading.
Moved and seconded by Alternate Director Cunningham and Director Sawatzky
That staff be directed to hold a public input session regarding
Subdivision and Development Servicing Bylaw No. 2650, 2013.
Greater Vernon Water
Policy Consolidation
Clean-Up
– Recycling and Disposal Fees Reimbursement
Moved and seconded by Directors Pearase and Cyr
That the following Policies be rescinded:
− FAC008 - Use of Recycling and Disposal Facilities by Road Maintenance
Contractors and the RCMP; and
for Community
− GG039 - Tipping Fee Relief for Municipal Staff Disposing Illegally Dumped Refuse; and
– GG040 - Tipping Fee Relief for Disposing of Noxious Weeds; and
− ENG-SW-001 - Reduced Disposal Fee for Litter; and further,
That Policy No. ENG-SW-001 – Recycling and Disposal Fees for Community Clean - Up be endorsed.
Moved and seconded by Director Dirk and Alternate Director Cunningham
That staff be directed to develop a pre-approval process regarding Policy No. ENG-SW-001 –
Recycling and Disposal Fees for Community Clean - Up.
Page 7 of 49
Board of Directors Minutes – Regular - 8 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013
Moved and seconded by Director Dirk and Alternate Director Cunningham
That the Regional District of North Okanagan support continued participation in the Regional
District of Central Okanagan (RDCO) 9-1-1 Public Service Answering Point (PSAP) Program in
2014; and
That the Regional District of North Okanagan support and commit to the Request for Proposal
(RFP) process being initiated by the RDCO in 2014; and further,
That the Regional District of North Okanagan be authorized to enter into an agreement to extend the current RDCO 9-1-1 PSAP Agreement for one year (to December 31, 2014) with all other terms and conditions remaining the same, including program costs.
Moved and seconded by Directors Acton and Fleming
That Central Okanagan Regional Growth Strategy Bylaw No. 1336, 2013 be accepted by the
Regional District of North Okanagan.
Moved and seconded by Alternate Director Cunningham and Director Macnabb
That a letter be sent to the Minister of Agriculture indicating the Board’s strong support of the
Agricultural Land Commission (ALC) and the ALC’s independence as the ALC is vital to the preservation of agricultural land and sustainability of agriculture in British Columbia; and further,
That local governments be consulted if there are any changes to the ALC mandate or role.
Moved and seconded by Director Macnabb and Alternate Director Cunningham
That the letter from the Canadian Federation of Agriculture regarding Restricted Farm Losses be received for information; and further,
That the recommendation of the Canadian Federation of Agriculture that the comprehensive income test outlined in Canada v. Craig be maintained to ensure that small, innovative operations continue to provide the next generation of Canadian farmers be supported.
Moved and seconded by Director Macnabb and Alternate Director Cunningham
That the motion be amended to substitute the second paragraph with the following:
That letters be sent to federal ministers and MP Colin Mayes supporting the recommendation of the Canadian Federation of Agriculture that the comprehensive income test outlined in Canada v. Craig be maintained to ensure that small innovative operations continue to provide the next generation of Canadian farmers.
Motion as amended:
That the letter from the Canadian Federation of Agriculture regarding Restricted Farm Losses be received for information; and further,
That letters be sent to federal ministers and MP Colin Mayes supporting the recommendation of the Canadian Federation of Agriculture that the comprehensive income test outlined in Canada
Page 8 of 49
Board of Directors Minutes – Regular - 9 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013 v. Craig be maintained to ensure that small innovative operations continue to provide the next generation of Canadian farmers.
Moved and seconded by Directors Dirk and Acton
That the Regional Employment Lands Action Planning Project be considered during the identification of the 2014 Regional Growth Strategy implementation priorities.
Moved and seconded by Directors Dirk and Acton
That the report dated November 4, 2013 regarding the Quality of Life survey results be received for information.
The Regional Growth Strategy Coordinator presented an overview of the Quality of Life Survey
Results.
Regional District of North Okanagan Noise
Regulation Bylaw No. 2581, 2013
Moved and seconded by Directors Macnabb and Fairbairn
That the (021) Budget for 2014 include up to $6,000.00 for the purchase of a Sound Level Meter
Kit and training to enable enforcement of the recently adopted
Regional District of North
Okanagan Noise Regulation Bylaw No. 2581, 2013
.
Moved and seconded by Directors Pearase and Fleming
That pursuant to Section 8 of Advisory Planning Commission Bylaw No. 1748, 2002, the following persons be reappointed to the Electoral Area “D” Advisory Planning Commission for a two year term to expire on December 31, 2015:
− Dave Sparks;
− Dennis Richardson; and
− Joe Deuling.
Moved and seconded by Directors Pearase and Fleming
That pursuant to Section 8 of Advisory Planning Commission Bylaw No. 1748, 2002, the following persons be reappointed to the Electoral Area “E” Advisory Planning Commission for a two year term to expire on December 31, 2015:
− Ian Eggen;
− Clint Whitecotton;
− Rodney Werner; and
− Vina Gayle Rowan.
Page 9 of 49
Board of Directors Minutes – Regular - 10 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013
Moved and seconded by Directors Pearase and Fleming
That pursuant to Section 8 of Advisory Planning Commission Bylaw No. 1748, 2002, the following persons be reappointed to the Electoral Area “F” Advisory Planning Commission for a two year term to expire on December 31, 2015:
− C. Dale Fennell; and
− Tilman Ernest Nahm.
Moved and seconded by Directors Sawatzky and Macnabb
That a decision to establish a new service for the Vernon Public Art Gallery and the Greater
Vernon Museum and Archives, and proceed to referendum to authorize borrowing to construct a new art gallery at the corner of 31 st
Street and 31 st
Avenue in Vernon, and an expansion and renovation of the current museum building, in the Spring of 2014 be postponed.
Moved and seconded by Directors Sawatzky and Macnabb
That staff be directed to develop a process which will identify and address facility needs for the
Vernon Public Art Gallery and the Greater Vernon Museum and Archives; and further,
That this process be brought back to the Greater Vernon Advisory Committee for review at the
January 16, 2014 Greater Vernon Advisory Committee Meeting.
Moved and seconded by Alternate Director Cunningham and Director Sawatzky
That the following appointments be made to the Greater Vernon Museum & Archives Board:
− Rob Tupper – Two-year term (re-appointment)
− Chad Soon – Two-year term (new-appointment)
− Bill Hellwig – Two-year term (new-appointment)
− Gary Fisher – Two-year term (new-appointment)
− Eldie Jamieson – Two-year term (new appointment)
Moved and seconded by Directors Dirk and Sawatzky
That the Regional District of North Okanagan be authorized to enter into a Water Supply
Agreement – Stepping Stones for the term January 1, 2014 to December 31, 2016.
Moved and seconded by Directors Fleming and Sawatzky
That a meeting be organized with the Ministry of Community, Sport and Cultural Development to discuss custom voting at the Board of Directors.
Page 10 of 49
Board of Directors Minutes – Regular - 11 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013
Moved and seconded by Directors Fairbairn and Fleming
That the minutes of the following meetings be received for information:
− Regional Agricultural Advisory Committee – Regular – November 21, 2013 (unadopted)
− Regional Growth Management Advisory Committee – Regular – November 20, 2013
(unadopted)
− Electoral Area Advisory Committee – Regular – December 5, 2013 (unadopted)
− Greater Vernon Advisory Committee – Regular – December 5, 2013 (unadopted)
Directors provided updates for the following external committees:
– Okanagan Basin Water Board
– Southern Interior Beetle Action Coalition
– Shuswap Lake Integrated Planning Process Steering Committee
– Fraser Basin Council
Alternate Director Pieper left the meeting.
– Sub-Regional Parks Management and Operation Contract in the process of being signed.
– Antwerp Springs sentencing has been postponed due to scheduling conflicts.
– Acknowledged the Social, Wellness and Team Building (SWAT) committee for organizing a successful Christmas Gala.
Moved and seconded by Directors Fairbairn and Fleming
That, pursuant to Section 92 of the Community Charter, the regular meeting of the Board of
Directors convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(c), (e) and (g) of the Community Charter.
The regular meeting of the Board of Directors adjourned to meet In Camera at 5:32 p.m.
The regular meeting of the Board of Directors reconvened at 6:10 p.m.
Page 11 of 49
Board of Directors Minutes – Regular - 12 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.1
December 11, 2013
There being no further business, the meeting was adjourned at 6:10 p.m.
Chair
Patrick Nicol
Corporate Officer
Jeanne Byron
Page 12 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.2
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a
meeting of the
of the
held in the Boardroom at the Regional District Office on
Wednesday, December 11, 2013.
Director P. Nicol
Director R. Fairbairn
Director D. Dirk
Director H. Cyr
Director K. Acton
Director R. Sawatzky
Village of Lumby
City of Vernon
Alt. Director J. Cunningham City of Vernon
Director M. O’Keefe
Alt. Director Pieper
Director J. Brown
Director B. Fleming
Director M. Macnabb
Director E. Foisy
Director J. Pearase
City of Vernon
Electoral Area “D”
District of Coldstream
City of Enderby
City of Vernon
City of Armstrong
Township of Spallumcheen
Electoral Area “B”
Electoral Area “C”
Electoral Area “E”
Electoral Area “F”
Chair
Vice Chair
T. Hall
D. Sewell
D. McTaggart
J. Byron
N. Kohnert
D. Danallanko
K. Morgan
D. Douglas
M. Boyd
S. Harvard
Public and Media
Administrator
General Manager, Finance
General Manager, Engineering
Corporate Officer / Human Resources Manager
Regional Engineering Services Manager
Recycling and Disposal Facilities Operations Manager
Waste Reduction Coordinator
Clerk (taking minutes)
Senior Transit Planner, BC Transit
Senior Regional Transit Manager, BC Transit
The meeting was called to order at 1:30 p.m.
Moved and seconded by Directors Cunningham and Cyr
That the Agenda of the December 11, 2013 regular meeting of the Committee of the Whole be approved as presented.
Page 13 of 49
Committee of the Whole Minutes
–
Regular - 2 -
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item B.2
December 11, 2013
Matthew Boyd, Senior Transit Planner and Steve Harvard, Senior Regional Transit Manager of
BC Transit provided a presentation update on the #90 University of British Columbia –
Okanagan (UBCO) Connector service.
The presentation was received for information.
The Recycling and Disposal Facilities Operations Manager provided a presentation on the
Regional District of North Okanagan Solid Waste Management Program.
The presentation was received for information.
The Regional Engineering Services Manager provided a presentation on the Regional District of
North Okanagan Transit – Routes 60 (Enderby), 61 (Lumby) and 90 (UBCO).
The presentation was received for information.
The General Manager, Finance provided a presentation regarding the 2014 – 2018 Financial
Plan process for Solid Waste and Transit.
The presentation was received for information.
Moved and seconded by Directors Macnabb and Sawatzky
That it be recommended to the Board of Directors, Municipal Solid Waste Management
Amendment Bylaw No. 2614, 2013 be given First, Second and Third Readings; and further,
That Municipal Solid Waste Management Amendment Bylaw No. 2614, 2013 be Adopted.
There being no further business, the meeting was adjourned at 3:17 p.m.
Chair
Patrick Nicol
Corporate Officer
Jeanne Byron
Page 14 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
REGIONAL DISTRICT of
NORTH OKANAGAN
File No.: 3060.04.03
TO:
FROM:
DATE:
SUBJECT:
Board of Directors
Planning Department
December 20, 2013
Subdivision Servicing Bylaw No. 2600, 2013
RECOMMENDATION:
That Subdivision Servicing Bylaw No. 2600, 2013, which proposes to replace Regional District of North Okanagan Subdivision Servicing Bylaw No. 726, 1986, be Adopted.
BACKGROUND:
Regional District of North Okanagan Subdivision Servicing Bylaw No. 2600, 2013 was given
Third Reading on December 12, 2013 after which the Bylaw was referred to the Ministry of
Transportation and Infrastructure for their endorsement.
The Ministry of Transportation Infrastructure endorsed Bylaw No. 2600 (attached) on December
20, 2013. As all conditions have been met, the Board of Directors may now Adopt Bylaw No.
2600.
Approved For Inclusion: Endorsed by:
~~
Rob Smailes, MCIP, RPP
General Manager, Planning and Building
Page 15 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 16 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
Page 3
TABLE OF CONTENTS
SECTION -100- SCOPE AND APPLICABILT¥ ....................................................................... 4
101
Title ................................................................................................................................. 4
102 Application ...................................................................................................................... 4
103 Compliance with Other Legislation .................................................................................. 4
104 Severability ..................................................................................................................... 4
105 Duty of Care and Cause of Action ................................................................................... 4
106 Measurements ................................................................................................................ 4
107 Enforcement and Penalties ............................................................................................ 5
SECTION 200- DEFINITIONS ................................................................................................... 6
SECTION 300- BASIC PROVISIONS ....................................................................................... 8
301 Works and Services Required at Subdivision .................................................................. 8
302 Exemptions .................................................................................................................... 8
303 Boundary Adjustments ....... : ............................................................................................ 8
304 Administration ................................................................................................................. 9
305 Subdivision Applications .................................................................................................. 9
306 Easements for Works and Services ............................................................................... 10
307 Expense of Works and Services Borne by Applicant .................................................... 10
308 Excess or Extended Capacity ....................................................................................... 10
309 Latecomer .................................................................................................................... 10
310 Subdivision Agreement ................................................................................................. 10
311 Park Land Dedication ................................................................................................... 11
312 Development Cost
Charges .........................................................................................
11
SECTION 400- SERVICING REQUIREMENTS ...................................................................... 12
401
General ........................................................................................................................
12
402 Highways ...................................................................................................................... 12
403 Onsite Sewage Disposal ............................................................................................... 12
404 Community Sanitary Sewage Systems .......................................................................... 12
405 Community Water
System .............................................................................................
12
406 Potable Water Source other than
a
Community Water System .................................... 13
407 Where Proof of Water is Not Required .......................................................................... 15
408 Street Lighting .............................................................................................................. 15
409 Underground Wiring Services ........................................................................................ 16
410 Fire Hydrants ................................................................................................................. 16
411 Hydro ............................................................................................................................
16
SECTION 500- BYLAW REPEAL, READINGS, AND ADOPTION ........................................ 17
501
Repeal .......................................................................................................................... 17
502 Effective
Date ...............................................................................................................
17
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 17 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
SECTION 100- SCOPE AND APPLICABILITY
Page4
WHEREAS Part 26, Division 11 [Subdivision and Development Requirements] of the Local
Government Act,
states that the Board of the Regional District of North Okanagan may, by bylaw, regulate and require the provision of works and services in respect of the subdivision of land;
AND WHEREAS the Board of the Regional District of North Okanagan wishes to ensure that subdivision and development does not result in excessive cost to the Regional District of North
Okanagan to provide services;
NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled hereby, enacts as follows:
101 Title
This Bylaw may be cited as the "Regional District of North Okanagan Subdivision
Servicing Bylaw No. 2600, 2013".
102 Application
This bylaw applies to the unincorporated areas of the Regional District, including
Electoral Areas "8", "C", "Dl!,
"Eu and uF'.
103 Compliance with Other Legislation
Nothing in this Bylaw shall be taken to relieve any person from complying with the provisions of any other Bylaw of the Regional District or applicable provincial or federal statute or regulation.
104 Severability
105
If any section, subsection, sentence, clause, or phrase of this Bylaw is for any reason held to be invalid by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Bylaw.
Duty of Care and Cause of Action
106
This bylaw does not create any duty at law on the part of the Regional District, its
Board, Officers, employees, or other representatives concerning anything contained in this bylaw. All works, services, improvements, and all matters required pursuant to this bylaw are the responsibility of the applicant and all persons acting on their behalf. No approval of any kind, certificate, permit, review, inspection, or other act or omission by the Regional District or any of its representatives, including any enforcement or lack of enforcement of the provisions of this bylaw, shall relieve the applicant and all persons acting on their behalf from this duty pursuant to this bylaw and shall not create any cause of action in favour of any person.
Measurements
Metric units are used for all measurements in this Bylaw. The equivalent of those units, in imperial measure, shown in brackets following each metric measurement, are included for convenience only.
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 18 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
SECTION 100- SCOPE AND APPLICABILITY
Page 5
107 Enforcement and Penalties
1. Any person who: a. violates bylaw provisions; b. causes or permits any act in contravention or violation of bylaw provisions; c. neglects or omits bylaw requirements; d. carries out, causes, or permits to be carried out any subdivision in a manner prohibited by or contrary to bylaw provisions; e. fails to comply with bylaw orders, directions, or notices; f. prevents, obstructs or attempts to prevent or obstruct the authorized entry of any person authorized under this Bylaw to enter upon lands; will be guilty upon summary conviction of an offence under this bylaw.
2. Any person who violates bylaw provisions may, upon summary conviction, be liable to a maximum fine of $5000 per offence
1
, plus the cost of prosecution, for each offence. The penalties imposed under this section are a supplement to and not a substitute for any other remedy to an infraction of this bylaw. Each day's continuance of an offence under this Bylaw constitutes a new and distinct offence.
3. The General Manager, Planning and Building or his/her designate, may order: a. a person who contravenes this bylaw to comply with the bylaw within a time limit specified in the order; and/or b. construction to stop on the works, or any part thereof, if such works is proceeding in contravention of this bylaw.
1
In accordance with Section 787 of the
Criminal Code of Canada
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 19 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
In this bylaw;
APPLICANT
means an owner of land or his/her authorized agent applying for approval of a subdivision.
APPROVING OFFICER
means a person appointed by the Province in accordance with the
Land Tille Act,
and amendments thereto.
CERTIFICATE OF COMPLIANCE
means a written confirmation from the Regional District to the Approving Officer that the applicant has satisfied all conditions of the Regional District with respect to a proposed subdivision.
COMMUNITY SANITARY SEWAGE SYSTEM
means a system of works which is established and operated in accordance with provincial legislation and regulations that may apply, for the collection, treatment and disposal of sanitary sewage.
COMMUNITY WATER SYSTEM
means a system of works, which is established and operated in accordance with provincial legislation and regulations that may apply, for the provision of water to more than one single family residence, and which is owned, operated and maintained by the Regional District, a Strata Corporation, Improvement District, Irrigation District, Water
Utility, Water Users' Community, or other body.
HIGHWAY
means any dedicated public street, road, lane, walkway, bridge or any other way as defined in the Transporlation Act, but does not include a private right-of-way or easement on private property.
HYDRO
means hydroelectricity provided by BC Hydro or other electric utility regulated by the
British Columbia Utilities Commission.
LEGALLY CONSTRUCTED DWELLING
means:
1. a residential dwelling that has been constructed in accordance with a Building Permit or
Authorization to Construct issued by the Regional District; or
2. a residential dwelling proven to have been constructed prior to 1986 or a sworn affidavit stating that the dwelling was constructed prior to 1986.
ONSITE SEWAGE DISPOSAL
means the onsite disposal of sewage effluent utilizing a system that is designed, constructed, and maintained in accordance with provincial legislation and regulations that may apply.
PARCEL
means any lot, block or other area in which land is held or into which land is subdivided or any remaining portion of the land that is being subdivided but which does not include a highway or portion thereof.
POTABLE WATER
means water that meets the microbiological parameters and the health based chemical and physical parameters of the Guidelines for Canadian Drinking Water Quality.
PUMPING TEST
means a test conducted in accordance with the minimum requirements specified in this bylaw and intended to reliably estimate well yield by pumping groundwater from a well and taking measurements of the water level drawdown and recovery.
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 20 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
SECTION 200- DEFINITIONS
Page 7
QUALIFIED PROFESSIONAL
means a person who is registered or licensed as a Professional
Engineer or Professional Geoscientist under the Engineers and Geoscientists Act of British
Columbia.
QUALIFIED WATER QUALITY SPECIALIST
means a Qualified Professional, or a person designated under the Applied Science Technologists and Technicians Act, or a person who provides written confirmation of their certification and authority to verify that a water source meets the potable water standards of this bylaw or to determine the potential for, and method of, treating a water source to ensure that it meets the potable water standards of this bylaw.
QUALIFIED WELL DRILLER
means a person being listed on the Register of Qualified Well
Drillers in the Province of British Columbia pursuant to the Ground Water Protection Regulation.
QUALIFIED WELL PUMP INSTALLER
means a person being listed on the Register of
Qualified Well Pump Installers in the Province of British Columbia pursuant to the Ground Water
Protection Regulation.
REGIONAL DISTRICT
means the Regional District of North Okanagan as described in its
Letters Patent and amendments thereto but shall not include incorporated municipalities.
SECURITY DEPOSIT
means an unconditional Irrevocable Letter of Credit or bank draft drawn on a chartered bank in Canada, or cash.
SUBDIVISION
means the division of land into two (2) or more parcels, whether by plan, apt descriptive words, or otherwise as defined in the Land Title Act or under the Strata Properly Act.
WELL YIELD TEST
means a test using bailing or air lifting methods to determine a rough estimate of how much water a groundwater well can produce.
WORKS and SERVICES
means the improvement required to be constructed, erected or installed under this bylaw on or adjacent to land under application for subdivision, including the installation of water, sewer and other matters required of this bylaw.
ZONE
means a zone established under Part 26, Division 7 of the Local Government Act, and any amendments thereto, and as specified in the zoning bylaws of the Regional District, and any amendments made thereto.
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 21 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
301 Works and Services Required at Subdivision
An applicant who applies for a subdivision must provide as a condition of approval:
1. on a highway immediately adjacent to the parcel; and/or
302
2. on the parcel itself, the works and services that are required to be provided under this bylaw.
Exemptions
The servicing requirements of this bylaw shall not apply:
1. Where the parcel being created is to be used solely for the unattended equipment necessary for the operation of; a. a
community water system,
b. a
community sanitary sewage system,
c. a community gas distribution system, d. a community radio or television receiving antenna, e. a radio or television broadcasting antenna, f. a telecommunication relay station, g. an automatic telephone exchange, h. an air or marine navigational aid, i. j. electrical substations or generating stations, or, any other similar public service or quasi-public service facility or utility.
303
2. Where the parcel being created is to be used solely as public park or as public park in combination with one or more of the uses listed in Section 301.1.
Boundary Adjustments
1. Where an application proposes to adjust parcel boundaries, and whereby additional parcels would not be created and the proposed parcels are serviced with existing services required by this bylaw, the services are not required to be upgraded to comply with the requirements of this bylaw. The applicant must however provide a plan drawn to scale with metric dimensions and areas indicating the locations of all existing and proposed property lines, existing buildings, structures, streams, and services including power, water, sewer, and onsite disposal. Where the existing services are not located within the proposed parcel which they will service, the location and access to the service shall be protected by an easement. Additional servicing or upgrading of existing services may be required by other agencies.
2. Where an application proposes to adjust parcel boundaries, and whereby additional parcels would not be created and the proposed parcels are not serviced with existing services required by this bylaw, the subdivision must comply with the servicing requirements outlined in Section 400 of this Bylaw.
RDNO Subdivision Servicing Bylaw No. 2600,2013
Page 22 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
SECTION 300 - BASIC PROVISIONS
Page 9
304
305
Administration
The General Manager, Planning and Building or his/her designate, is authorized to administer this bylaw, in regard to matters of subdivision and to enter any lands for which a subdivision application has been made at any reasonable time to determine whether the regulations contained in this bylaw are being complied with.
The General Manager, Planning and Building or his/her designate, may direct that tests of materials, equipment, devices, construction methods, assemblies or soil conditions be made or sufficient evidence or proof be submitted, at the expense of the applicant, to determine whether the materials, equipment, devices, construction methods, assemblies or soil conditions meet the requirements of this bylaw.
Applications for subdivision will be reviewed by the General Manager, Planning and
Building or his/her designate, for compliance with the bylaws of the Regional District.
Nothing contained in this bylaw shall relieve the applicant from the responsibility to seek out and comply with legislation applicable to the subdivision.
This bylaw outlines the Regional District's minimum requirements and regulations pertaining to the subdivision of property. Water Utilities, the Ministry of Transportation and Infrastructure, the Interior Health Authority and other authorities have additional requirements, regulations and approval procedures not contained in this bylaw. It is the
applicant's
responsibility to ensure that the requirements, regulations and approval procedures of all authorities having jurisdiction are met. Where requirements and regulations of other authorities conflict with this bylaw, the more stringent requirements and regulations shall apply.
Subdivision Applications
Applications for subdivision must be submitted to the Approving Officer.
Application for conversion of a previously occupied building into strata lots must be made to the Regional District.
An application fee must be submitted to the Regional District, in the amount specified in the
Regional District of Norlh Okanagan Development Application Procedures and
Administrative Fees Bylaw No. 2315, 2008, and amendments thereto,
1.
2. upon referral of the application for subdivision to the Regional District by the
Ministry of Transportation and Infrastructure or, upon application to the Regional District for conversion of a previously occupied building into strata lots.
The Regional District will supply written comments to the Ministry of Transportation and
Infrastructure on subdivision applications referred to the Regional District by the Ministry of Transportation and Infrastructure.
The Regional District's written comments are valid for 18 month periods, which may be extended for additional 12 month periods, upon written request from the applicant. The
Regional District,
upon receipt of a written request for an extension from Ministry of
Transportation and Infrastructure, will re-issue comments, with revisions if necessary, to the
Ministry of Transportation and Infrastructure.
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 23 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
SECTION 300 - BASIC PROVISIONS
Page 10
Prior to the Regional District providing a Certificate of Compliance to the Approving
Officer, the applicant must supply the Regional District with a copy of the survey plan proposed for registration in the Land Title Office.
306
307
Easements for Works and Services
Where services to an individual parcel are not proposed to be provided from a highway or through onsite servicing, the applicant must grant or acquire permits and/or easements for
services for individual parcels, in favour of the benefiting parcel and in a form acceptable to the Regional District that the easement will not be altered or discharged without the approval of the Regional District. Easements for works and services do not include easements for access.
Expense of Works and Services Borne by Applicant
All
works and services or any documentation required by this bylaw must be designed, located, construc~ed, installed, and supplied at the expense of the
applicant.
All fees or charg'es required under this bylaw; other bylaws of the Regional District or which are required by other authorities having jurisdiction must be paid at the expense of the
applicant.
·
308 Excess or Extended Capacity
309
Pursuant to Section 939 of the
Local Government Act,
the Regional District may require the
applicant to provide, at the applicant's expense, excess or extended services to provide service to land other than the parcel being subdivided. An applicant may be required to provide drawings that define catchment areas, benefitting properties, design drawings, a traffic impact analysis and/or an onsite utilities impact analysis to assist the
Regional District in making a determination under Section 939 of the
Local Government
Act.
Latecomer
Where the applicant is required to provide excess or extended services, the applicant is entitled to receive latecomer payments in accordance with:
1.
2.
Section 939 of the
Local Government Act;
and
Any latecomer policy of the
Regional District;
unless the excess or extended service is under the jurisdiction of other authorities, in which case, the policies, practices, and bylaws of that other authority must be followed.
310 Subdivision Agreement
A
Certificate of Compliance may be issued by the Regional District prior to the completion (construction and installation) of the required works, where:
RDNO Subdivision Servicing Bylaw No. 2600,2013
Page 24 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
SECTION 300 - BASIC PROVISIONS
Page 11
1. The applicant enters into a subdivision development agreement with the Regional
District, as provided for in Section 940(2)(b) of the Local Government Act, accepting the terms and conditions in that agreement and undertaking to construct and install the required works within the term specified in the agreement; and,
2. The applicant deposits with the Regional District a security deposit in the amount of one hundred and twenty five percent (125%) of the estimated value of construction of the works as estimated in writing by the applicant's engineer; and,
3. The applicant provides written proof that all of the requirements of the Ministry of
Transportation and Infrastructure and other agencies having jurisdiction have been met.
As construction and installation of the works are completed, the amount of the security
deposit may be reduced in proportion to the amount of works remaining to be completed, as estimated in writing by the applicant's engineer and approved by the Regional
District's General Manager, Planning and Building or his/her designate or to an amount not less than twenty five percent (25%) of the total cost of, construction and installation of the works. At the time of final approval of the works by the Regional District a warranty security in the amount of ten percent (10%) of the security deposit will be retained by the
Regional District for a period of one ( 1) year and the balance of the security deposit outstanding will be returned to the applicant. With the approval of the Regional District's.
General Manager, Planning and Building or his/her designate, at the conclusion of the one year warranty period, the final ten percent (1 0%) of the security deposit will be returned to the applicant.
Should any person fail to construct or install any works required under this bylaw, the
Regional District, its agents, or servants, may construct or install the works at the expense of the applicant in default and the expense may be recovered from the
security deposit held by the Regional District.
Park Land Dedication 311
Park land shall be dedicated, or payment in lieu of park land shall be paid, in accordance with the provisions of Section 941 of the Local Government Act.
312 Development Cost Charges
Development Cost Charges shall be paid in accordance with the Development Cost
Charge Bylaws of the applicable jurisdiction.
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 25 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
401 General
The works and services specified in this bylaw shall be required to be constructed and installed by an applicant prior to obtaining final approval for a plan of subdivision and shall be based upon the zone in which the land is located, as set out in:
1. Schedule A of the
Regional District of North Okanagan Zoning Bylaw No. 1888, 2003,
and amendments thereto;
402
2. Schedule A of
Silver Star Zoning Bylaw No. 1926, 2004,
and amendments thereto.
Highways
All highways must be dedicated and constructed in accordance with the requirements of the Ministry
of
Transportation and Infrastructure.
Notwithstanding the above,
highways must be dedicated by a plan of subdivision in accordance with the major road designations of the applicable Official Community Plan.
403 Onsite Sewage Disposal
If a subdivision is to be serviced with a sewage disposal system other than a community
sanitary sewage system, an onsite sewage disposal system must be capable of being provided for each proposed lot in accordance with the standards prescribed by the authority having jurisdiction.
For proposed lots smaller than 2 ha in size, written confirmation from the authority having jurisdiction must be submitted to the Regional District stating that their requirements with regard to onsite sewage disposal have been satisfied.
Notwithstanding the above, a parcel must not be serviced by onsite sewage disposal if a community sanitary sewage system is available to service the property.
404 Community Sanitary Sewage Systems
A community sanitary sewage system must be provided for lots less than 1 ha in size, except those lots created pursuant to Section 946 of the
Local Government Act,
and be provided in accordance with the requirements of any authority having jurisdiction.
Community sanitary sewage systems shall not discharge effluent either directly or indirectly to a watercourse.
Proof of connection to a community sanitary sewage system must be provided and shall consist of written confirmation from the authority having jurisdiction that the
community sanitary sewage system satisfies the requirements of the authority having jurisdiction.
405 Community Water System
A community water system must be provided for lots less than 1 ha in size, except those lots created pursuant to Section 946 of the
Local Government Act.
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 26 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
SECTION 400 -SERVICING REQUIREMENTS
Page 13
Where a community water system is provided it must be designed and constructed in accordance with the standards and specifications of the authority having jurisdiction.
Proof of connection to a community water system must be provided and shall consist of written confirmation from the authority having jurisdiction that the community water
system satisfies the requirements of the authority having jurisdiction.
406
In no case shall a water source other than a community water system service a
subdivision occurring within the area of jurisdiction of a community water system unless the authority responsible for the community water system confirms that the subdivision is not required to be serviced by the system.
Potable Water Source other than a Community Water System
If a subdivision is to be serviced with a water source (dug well, drilled well or surface) other than a community water system, each parcel must be serviced with a potable
water supply. Where the water source is not located on the parcel it will service, the location and access to the water source, including any wells, water mains, and all other appurtenances, shall be protected by an easement. (See also Section 306 Easements
for Works and Services.)
Unless exempted by this bylaw, a water sample must be taken from the water source and tested by a laboratory accredited by the Canadian Association for Environmental
Analytical Laboratories to determine conformity to potable water standards. Potable
water must be verified in writing by a Qualified Water Quality Specialist and the results must be submitted to the Regional District.
If the water is determined to be not potable, but can be treated in such a manner that it becomes potable as determined by a Qualified Water Quality Specialist, a Section
219 Covenant must be registered on the title of the subject property as a priority above financial charges stating that an occupancy permit for a dwelling will not be issued until a treatment system meeting the specifications of a Qualified Water Quality Specialist has been installed to ensure a potable water supply.
All water quality test reports must be dated not more than five (5) years prior to the date of subdivision application.
1. DugWells
Where connection to a community water system is not required and a dug well is proposed as a source of potable water for a parcel created by subdivision in all
Electoral Areas, proof of water shall consist of the following: a. A site plan must be provided indicating the location of a constructed well which must be tested by a pumping test that has been conducted by a Qualified
Well Driller or a Qualified Well Pump Installer or a person working under the direct supervision of a Qualified Well Driller, a Qualified Well Pump
Installer, or a Qualified Professional. Pumping tests of all dug wells shall be conducted during the dry months of the year, defined as the period between
August 1 and March 1, or at another time of year as confirmed in writing by the
Qualified Professional in order to determine the year-round capacity of the well. A hydrogeological report must be prepared by the Qualified Professional and submitted to the Regional District.
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 27 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
SECTION 400- SERVICING REQUIREMENTS
Page 14
2. b. The hydrogeological report must demonstrate that the dug well can provide at least 6,550 litres of water per day (1.0 Imperial Gallons per Minute) per parcel and that this amount can be provided on a year round basis. The report must demonstrate that the use of the well will not negatively impact the use of neighbouring wells. c. All hydrogeological reports and pumping tests must be dated not more than
five
(5) years prior to the date of subdivision application.
Drilled Wells
Where connection to a community water system is not required and a drilled well is proposed as a source of potable water for a parcel created by subdivision in all Electoral Areas, proof of water shall consist of the following: a. A site plan must be provided indicating the location of a constructed well which must be tested by a well yield test conducted by a Qualified Well Driller,
Qualified Well Pump Installer
or a person working under the direct supervision of a Qualified Well Driller, a Qualified Well Pump Installer, or
Qualified Professional.
b. The well yield test must be submitted to the Regional District. A well that demonstrates a yield of at least 14 Litres per Minute (3.0 Imperial Gallons per
Minute) satisfies the proof of water quantity requirements of this bylaw.
A pumping test must however be carried out when a well yield test reports less than 14 Litres per Minute (3.0 Imperial Gallons per Minute) or when a well is less than 15 m deep. A pumping test must be conducted by a Qualified
Well Driller
or a Qualified Well Pump Installer or a person working under the direct supervision of a Qualified Well Driller, a Qualified Well Pump Installer or a Qualified Professional. A hydrogeological report must be prepared by the Qualified Professional and submitted to the Regional District. Pumping
tests
of all drilled wells shall be conducted during the dry months of the year, defined as the period between August 1 and March 1, or at another time of year as confirmed in writing by the Qualified Professional in order to determine the year-round capacity of the well. c. In Electoral Areas "8", "C", and "F", when a pumping test is required, the report must demonstrate that the drilled well can provide at least 6,550 litres of water per day (1.0 Imperial Gallon per Minute) per parcel. The report must demonstrate that the use of the well will not negatively impact the use of neighbouring wells. d. In Electoral Areas "D" and "E" when a pumping test is required, the report must demonstrate that the drilled well can provide at least 2,273 litres of water per day (0.35 Imperial Gallons per Minute) per parcel. The report must demonstrate that the use of the well will not negatively impact the use of neighbouring wells. e. All hydrogeological reports, pumping tests, and well yield tests must be dated not more than
five
(5) years prior to the date of subdivision application.
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 28 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
SECTION 400- SERVICING REQUIREMENTS
Page 15
3. Surface Water Source
Where connection to a community water system is not required and surface water is proposed as a source of potable water for a parcel created by
subdivision
in all Electoral Areas, submission of the following to the Regional
District
would satisfy the proof of water quantity requirements of this bylaw: a. A site plan indicating the location of the surface water source. b. Confirmation in writing from the authority having jurisdiction that a water licence will be issued pursuant to the Water Act that authorizes on a year round basis, a minimum quantity of 2,273 litres (500 Imperial Gallons) per day per parcel.
407 Where Proof of Water is Not Required
1.
2.
3.
4.
Where connection to a community water system is not required, the subdivision of parcels within Electoral Area "E" may be approved without the provision of a potable
water
supply.
Proof of water supply is not required where an existing water source serves a legally
constructed dwelling.
The subdivision of parcels 2 ha (4.942 acres) or larger in size within the Country
Residential Zone (C.R.); Non-Urban Zone (N.U.); or the Large Holding Zone (L.H.) of the Regional District Zoning Bylaw may be approved without the provision of a
potable water
supply if a written report is obtained from a Qualified Professional verifying that potable water of sufficient quantity is available on or to the proposed lot(s) to satisfy the requirements of this Bylaw and a covenant is registered pursuant to Section 219 of the Land Title Act prohibiting the construction or location of any residential dwelling or manufactured home on the proposed lot(s) until a potable
water
supply is provided meeting the standards of this bylaw. The covenant shall be registered as a priority over all financial charges in favour of the Regional District of
North Okanagan.
The subdivision of parcels 7.2 ha (17.79 acres) or larger in size within the Non-
Urban Zone (N.U.) and the Large Holding Zone (L.H.) may also be approved without the provision of a potable water supply or a written report from a Qualified
Professional
if a covenant is registered pursuant to Section 219 of the Land Title Act prohibiting the construction or location of any residential dwelling or manufactured home on the proposed lot(s) until a potable water supply is provided meeting the standards of this bylaw. The covenant shall be registered as a priority over all financial charges in favour of the Regional District of North Okanagan.
408 Street Lighting
All street lighting serving a subdivision must be constructed and installed in accordance with the standards of the authority having jurisdiction.
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 29 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
SECTION 400- SERVICING REQUIREMENTS
Page 16
409 Underground Wiring Services
1. Within Electoral Areas "B" and "C", all electrical distribution, telephone and cablevision wiring must be underground for all subdivisions creating lots less than 1 ha, except those lots created pursuant to Section 946 of the Local Government Act.
Where existing service is overhead, underground preducting along the frontage of the lots is required.
2. All underground wiring services and appurtenant facilities shall be installed and approved in accordance with the standards of the authorities having jurisdiction.
410 Fire Hydrants
411
Fire hydrants shall be provided in all subdivisions where the subdivision is serviced with fire protection and a community water system in accordance with the standards of the fire department or community water system having jurisdiction.
Hydro
1. Within Electoral Areas "B", "C", and "F", hydro service shall be provided for all subdivisions of lots less than 7.2 ha (17.79 acres) in size except for those subdivisions pursuant to Section 946 of the Local Government Act.
2. All hydro facilities shall be installed and approved in accordance with the standards of the authority having jurisdiction.
RDNO Subdivision SeNicing Bylaw No. 2600, 2013
Page 30 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item D.1
501 Repeal
Bylaw No. 726, 1986, being
Servicing By-Law No.
"Regional District of North Okanagan Subdivision
726,
1986", and all amendments thereto, are hereby repealed.
502 Effective Date
This Bylaw shall come into force and take effect upon the final reading and adoption thereof.
Read a First time
Read a Second time (as amended)
Advertised on
Non-Statutory Public Hearing held
Read a Third Time
Read a Third Time as Amended this 20th day of this 16th day of
March, 2013
October, 2013 this 13th day of and this 15th day of
November, 2013
November, 2013 this 20th day of November, 2013 this 2oth day of November, 2013 this 12th day of
December , 2013 this
day of
Defe\')~Ctv-2013
ADOPTED this day of
'2014
Chair
Corporate Officer
RDNO Subdivision Servicing Bylaw No. 2600, 2013
Page 31 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.1
BYLAW No. 2611
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
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;
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;
, 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;
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:
the Board has received an application to rezone property;
, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows:
This Bylaw may be cited as the
”.
The Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by changing the zoning of a portion of the property legally described as The South ½ of the
South West ¼ of Sec 5, Twp 40, ODYD, Except Plan 28492 and located at 171 Brookfield
Road, Electoral Area "D" from the
Non Urban Zone [N.U]
to the
Country Residential Zone
[C.R]
as shown on the attached Schedule 'A'.
Advertised on this this this day of day of day of
, 2013
, 2013
, 2013
Page 32 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.1
Public Hearing held pursuant to the provisions of
Section 890 of the
Local Government Act
Chair this this this day of day of day of
Corporate Officer
Page 2
, 2013
, 2013
, 2013
Page 33 of 49
N 1/2 OF SW 1/4
32.375ha
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.1
PLAN
28492
LOUIE VIEW DRIVE
255
EPP21087
CR
CR
1
KAP85598
4.000 ha
189
200
-200
-
2
NU
REM S 1/2
OF SW 1/4
14.043ha
171
143
145
168
156
144/142
8
KAP7712
2
KAP49940
KAP47215 KAS1735
1:3,500
I hereby certify this to be a true and correct copy of SCHEDULE "A" attached to and forming part of the Rezoning Bylaw No. 2611, 2013.
Dated at Coldstream, BC this _______ day of __________________ , 2013
__________________________
Corporate Officer
Page 34 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.4
PLANNING DEPARTMENT
INFORMATION REPORT
LIQUOR LICENSE REFERRAL APPLICATION
December 12, 2013
13-0413-CSS-LIQ
Jennifer and Duncan Miller
Strata Lot 71, DL 1355, ODYD, Strata Plan KAS3727, Together with an interest in the common property in proportion to the unit entitlement of the Strata Lot as shown on Form V
028-068-521
# 71 – 30 Monashee Road
Silverhawk Utilities & RDNO Water Utility
Village Commercial (V.C)
Commercial / Development Permit Area
Change liquor licence from food primary to liquor primary.
That subject to the applicant revising the hours of liquor service to starting no earlier than 10:00 am, the Board of Directors support the application for a Liquor Primary Licence of Pinheads
Bowling (Jennifer and Duncan Miller) on the property legally described as Strata Lot 71, DL
1355, ODYD, Strata Plan KAS3727, Together with an interest in the common property in proportion to the unit entitlement of the Strata Lot as shown on Form V and located at # 71 – 30
Monashee Road, Electoral Area “C” for the following reasons:
1. the potential for noise would likely not increase beyond current levels; and,
2. the community and nearby residents would not be impacted as the seating capacity and hours of service are not proposed to change, the subject business is within close proximity to the commercial core of the resort community of Silver Star Mountain and similar commercial operations where current land use regulations and long-range planning have been implemented to adequately regulate and plan for these commercial operations; and further,
That the Board of Directors advise the Liquor Control and Licensing Branch that the views of residences were not gathered as the Board deemed the potential for noise would likely not increase and nearby residents would not be impacted.
Page 35 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.4
Liquor License Referra l
13-0413-CSS-LIQ (J ennifer and Duncan Miller) Page 2
BACKGROUND:
Site Context
The subject property is located to the west of Monashee Road and north of Brewer Bond in the area of Silver Star Mountain known as ' Village West'. Pinheads Bowling is located at# 71 - 30
Monashee Road in the lower floor of the Firelight Lodge building . Firelight Lodge is a 5 storey building which also houses 65 residential strata units. The following orthophoto of the subject and surrounding properties was taken in 2013:
The subject property and properties to the north , west and east are zoned Village Commercial
(V.C) and are designated as Commercial in the Silver Star Official Community Plan. The property to the south is zoned Village Commercial and Open Space I Community Recreation and is designated in the OCP as Commercial and Open Space I Community Recreation.
T he Proposal
The owners have applied to the Liquor Control and Licensing Branch (LCLB) for a change to their Liquor Licence from Food Primary to Liquor Primary . The existing food-primary licence allows Pinheads Bowling to serve any kind of liquor, provided that a full range of appetizers and main courses are available whenever liquor is available. The primary focus of the establishment is entertainment (bowling facility) . The current and proposed licensed hours of operation are
9 : 00am to midnight , Monday through Sunday.
Page 36 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.4
Liquor License Referral
13-0413-CSS-LIQ (Jennifer and Duncan Miller) Page 3
Pinheads has a capacity of 145 (this number includes patrons and staff). The capacity is not proposed to change with this application.
The intent of the application is to licence the bowlers' seating area and to provide the applicant with more flexibility around meal service than is currently permitted under the existing licence.
In addition, the applicant is requesting permission to have minors in the longue area accompanied by an adult parent or guardian up until 8:00 pm at night as permissible by LCLB policy. The applicant has also requested that minors be permitted within the bowling area at all times.
LIQUOR CONTROL AND LICENCING BRANCH REGULATIONS:
The LCLB require that this application be forwarded to the Board of Directors for consideration.
If the Board decides not to provide comment, a resolution indicating this decision must be provided to the Branch. If the Board wishes to provide comments on the application, the Board must take into account the following criteria:
1. the location of the establishment;
2. the proximity of the establishment to other social or recreational facilities and public buildings;
3. the person capacity and hours of liquor service of the establishment;
4. the number and market focus or clientele of liquor primary license establishments within a reasonable distance of the proposed location;
5. the impact of noise on the community in the immediate vicinity of the establishment; and,
6. the impact on the community if the application is approved.
Under the LCLB Regulations, if the operation of the establishment as a licensed establishment may affect nearby residents, the local government or first nation must gather the views of residents in accordance
with the Liquor Control and Licensing Act.
Also under the LCLB Regulations, if the local government or first nation wishes to provide comments to LCLB, it must provide the following in writing:
1. its comments addressing the criteria (noted above);
2. if it has gathered the views of residents: a. the views of the residents; b. the method used to gather the views of the residents; and, c. its comments and recommendations respecting the views of the residents;
3. its recommendations with respect to whether the license should be issued;
4. the reasons for its recommendations.
ZONING BYLAW:
The subject property is zoned Village Commercial in the Silver Star Zoning Bylaw. Uses permitted in the Village Commercial zone include accommodation uses, food services and drinking place uses, retail trade uses, transportation uses, community services uses, and arts, entertainment and recreation service uses. The uses listed under food services and drinking places includes restaurants with or without entertainment, bars, beer and wine gardens, cabarets,
Page 37 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.4
Liquor License Referral
13-0413-CSS-LIQ (Jennifer and Duncan Miller)
Page4
cocktail lounges, pubs, night clubs. Restaurants with entertainment and drinking place uses are not permitted on a parcel that abuts a parcel in a residential zone.
REGIONAL DISTRICT POLICIES:
Regional District Policy No. GR-006 - Liquor Licenses
Regional District Policy No. GR-006 applies to this application. The Policy states that the
Regional District will not process a Liquor Licence referral until a complete referral has been received and a fee has been paid. A referral must contain a floor plan, site plan and building elevations. The applicant has submitted the required fee and floor plan and has indicated that the proposed patron participation entertainment will not require a change to the existing floor plan, site plan or exterior appearance.
The Policy further states that the Regional Board may call a Public Hearing to solicit input from adjacent property owners and the general public. The Policy also states that the Board may require that the applicant retain a qualified independent contractor, at the applicant's expense, to conduct a door-to-door survey to record the views and concerns of both owners and occupiers of land within a 400 m radius. Where the Board deems a public hearing or a door-to-door survey is not warranted, the Board may resolve to opt out on providing comment and allow the Liquor
Licensing Branch to consider the views of residents through means available to the Branch.
SILVER STAR OFFICIAL COMMUNITY PLAN
The Official Community Plan designates the land use of the subject property as Commercial -
Village West and Silver Woods. The following OCP Policies are applicable to the application:
1. Notwithstanding the 'Commercial' designation in the Village West and Silver Woods commercial development areas and in consideration of the adjacent
Knoll
residential properties, the Regional District does not support pub, cabaret or similar late night "noisy" uses on lands immediately adjacent to these
Knoll
properties.
PLANNING ANALYSIS:
The Regional District Liquor Licence Referral Policy specifies that it is not mandatory to hold a hearing for a liquor licence application; therefore, the Board could decide to comment on the application without gathering views of the residents. In this regard and consistent with the
Liquor Control and Licensing Branch requirements to be considered as part of a resolution on this matter, the Planning Department recommends that the Board of Directors support the application to change the Liquor Licence of Pinheads Bowling from Food Primary to Liquor
Primary as:
1. the potential for noise would likely not increase beyond current levels; and,
2. the community and nearby residents would not be impacted as the seating capacity and hours of service are not proposed to change, Pinheads Bowling is within close proximity to the commercial core of the resort community of Silver Star Mountain and similar commercial operations where current land use regulations and long-range planning have been implemented to adequately regulate and plan for these commercial operations.
Page 38 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.4
Liquor License Referral
13-0413-CSS-LIQ (Jennifer and Duncan Miller) Page 5
As the use of the establishment is not changing beyond licensing the bowlers' seating area and to providing the applicant with more flexibility around meal service, staff also recommend that the Board of Directors advise the Liquor Control and Licensing Branch that the views of residences were not gathered as the Board deemed the potential for noise would likely not increase and nearby residents would not be impacted.
It is acknowledged that the RCMP does not support the issuance of a liquor license which allows liquor sales prior to that which is permitted of other businesses in the Silver Star resort area. In this regard, three establishments in the area have liquor primary licences. Two of them have hours of liquor service starting at 11 :00 am and one which starts at 10:00 am. It is therefore recommended that the applicant address the comments of the RCMP as a condition of the Board's support of the application and request the license to reflect a 10:00 am start time.
Alternatively, if the Board desires to gather the views of the residences regarding the proposed changes to the liquor license, the Board could pass a resolution requiring the applicant to do so in accordance with Board Policy GR-006.
SUMMARY:
Jennifer and Duncan Miller have applied to the Liquor Control and Licensing Branch for a change to their Liquor Licence from Food Primary to Liquor Primary. The Liquor Control and
Licensing Branch require that this application be forwarded to the Board of Directors for consideration. The Planning Department recommends that subject to the applicant address the comments of the RCMP, the Board of Directors support the Liquor Primary Application as the potential for noise would likely not increase and nearby residents would not be impacted.
REFERRAL COMMENTS:
The application has been referred to the following for their review and comment:
1. Electoral Area "C" Director
2. Electoral Area "C" Advisory Planning Commission
3. RCMP - Vernon Detachment
The RCMP commented that they do not think the Bowling Lanes should be approved for liquor sales prior to 11:00 am, similar to the hours of operation of establishments whose primary purpose is to sell liquor.
4. Silver Star Resort
Silver Star Ski Resort advised they have no objections to this application.
5. Silver Hawk Utilities (Silver Star)
6. Silver Hawk Utilities (Calgary)
7. Building Inspection Department
8. Silver Star Fire Department
9. Ron Baker, Community/Protective Services Manager
Page 39 of 49
Liquor License Referra l
13-0413-CSS-LIQ (Jennifer and Duncan Miller)
Submitted by:
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.4
Page 6
Approved For Inclusion:
Rob Smailes, MCIP, RPP
General Manager , Planning and Building
Page 40 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.4
F il e :
Location:
13 0413-CSS-REF
MILLER NOMINEES L TO.
7 1 F IR ELIG HT LODGE, 30 MONASHEE ROAD
I
Page 41 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.4
I
I • l
I .
I
/-
·-
/
..
' .
..
, c, i
'
Page 42 of 49
I
i
r
1
I
~~ b
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.6
File No.: 0550.20.01.1
:
RECOMMENDATION:
That pursuant to Section 8 of Advisory Planning Commission Bylaw No. 17 48 , 2002, the following persons be reappointed to the Electoral Area "B" Advisory Planning Commission for a two year term to expire on December 31, 2015 :
•
•
Richard H. Butters; and
Bryan Ryley .
D I SCUSS I ON:
Director Fleming has recommended that Richard H . Butters and Bryan Ryley be reappointed to the
Electoral Area "B" Advisory Planning Commission.
Section 8 of
Advisory Planning Commission Bylaw No . 1748, 2002
requires that Advisory Planning
Commission Members be appointed by resolution of the Regional Board upon recommendation of the
Electoral Area Director.
Submitted by :
Assistant (Temp .
) Approved For Inclusion :
Tra ;r or<;I ' Hall , Admi 7 f strator
I
Rob Smailes , MCIP, RPP
General Manager , Planning and Building
Page 43 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.7
OF
-
,
,
NOV 2 9 2013
HEGIONAI. DISTRICT OF
NORTH OKANAGAN
:
:
North Oka n agan Regional District
Director:
Director:
Director :
Director:
Alternate:
Alternate:
Alternate:
Mayor Sawatzky
Catherine Lord
Patrick Nicol
Marv Jo O'Keefe
Bob Spiers
Juliette CunninQham
Brian Quiring
Greater Vernon Advisory Committee
Director:
Director:
Director:
Alternate:
Alternate:
Alternate:
Mayor Sawatzky
Bob Spiers
Juliette CunninQham
Catherine Lord
Patrick Nicol
Mary Jo O'Keefe
Regional Growth Management
Committee
Patrick Nicol
Alternate: Mar Jo O'Keefe
..
City Ha ll : 3400- 30th Street, Vernon, British Columbia VlT 5E6
Telephone (250) 545-1361 • Fax (250) 545-7876
Administration • Fax (250) 545-4048
Airport, Te l ephone (250) 545-3035 • Fax (250) 542-4533
City Yards, Telephone (250) 549-6757 • Fax (250) 545-3345
Page 44 of 49
(250) 542-5361 • Fax (250) 542-7271 www.vernon.ca
Community Development & Engineering, Telephone (250) 550-3634 • Fax (250) 545-5309
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.7
Page 2
Regional District of North Okanagan
November 25, 2013
Appointments for 2014
-
as
,
&
.
Page 45 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item G.1
REGIONAL DISTRICT OF NORTH OKANAGAN
MINUTES of a
meeting of the
of the
held in the Boardroom at the Regional District
Office on Thursday, December 19, 2013
Members:
Staff:
Also Present
:
Director M. Macnabb
Councillor G. Kiss
Alternate Director J. Garlick
Alternate Director B. Spiers
Director R. Sawatzky
Alternate Director C. Lord
Director B. Fleming
T.
Hall
J. Byron
D. Sewell
L. Mellott
T. Nelson
K. Pinkoski
P. Juniper
Councillor M. Besso
Director D. Dirk
Director R. Fairbairn
Director J. Cunningham
Councillor P. MacLean
Director P. Nicol
Councillor M. O’Keefe
W. Pearce
Electoral Area "C"
District of Coldstream
District of Coldstream
City of Vernon
City of Vernon
City of Vernon
Electoral Area "B"
Administrator
Chair
Vice Chair
Corporate Officer/Human Resources
Manager
General Manager Finance
General Manager,
Administration
Electoral
Community Development Coordinator
Parks Planner
Area
Executive Assistant, Engineering (taking minutes)
District of Coldstream
District of Coldstream
Electoral Area “D”
City of Vernon
District of Coldstream
City of Vernon
City of Vernon
Chief Administrative Officer, City of
Vernon
Manager, Finance, City of Vernon K. Bertles
Media and Public
The meeting was called to order at 9:02 a.m.
Moved and seconded by Alternate Director Lord and Director Sawatzky
That the Agenda of the December 19, 2013 Greater Vernon Advisory Committee Special
Meeting be approved with the following additions:
− E.1 – In Camera – Section 90(1)(e)
Page 46 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item G.1
Greater Vernon Advisory Committee
Minutes – Special
- 2 - December 19, 2013
The Parks Planner provided an overview of the subsidy provided by the Regional District of
North Okanagan to the Okanagan Training Rink to supplement the Civic and Priest Valley
Arenas. The City of Vernon offered to present a report on ice use trends and the potential impact of loss of Okanagan Training Rink subsidy at a future meeting of the Greater Vernon
Advisory Committee.
The General Manager Finance provided a review of the 2014 – 2018 Financial Plan proposed for the Greater Vernon Parks, Recreation and Culture service. The following was presented:
− There have been significant structural changes made to Greater Vernon Parks, Recreation and Culture in the 2014 budget as a result of the service review.
− The 2014 budget assumes that a referendum for the Vernon Public Art Gallery would be held in conjunction with the fall election.
Moved and seconded by Alternate Director Lord and Director Sawatzky
That $94,409 for the Multiplex Youth Subsidy be removed from the (060) Greater Vernon Parks,
Recreation and Culture budget.
The Community Development Coordinator provided an overview of the grant requests received under the Greater Vernon Arts, Culture and Youth service.
Moved and seconded by Alternate Directors Spiers and Garlick
That it be recommended to the Board of Directors, a 1% increase in the operating grant be approved for the Greater Museum and Archives in the 2014 Financial Plan.
Moved and seconded by Alternate Directors Garlick and Spiers
That it be recommended to the Board of Directors, a 1% increase to the operating grant be approved for the Arts Council of the North Okanagan in the 2014 Financial Plan.
Moved and seconded by Alternate Director Garlick and Councillor Kiss
That it be recommended to the Board of Directors, a 0% increase to the operating grant be approved for the Vernon Public Art Gallery in the 2014 Financial Plan.
Moved and seconded by Alternate Directors Garlick and Lord
That it be recommended to the Board of Directors, the request of $20,000 for the Caetani
Cultural Centre not be included in the 2014 financial plan.
Page 47 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item G.1
Greater Vernon Advisory Committee
Minutes – Special
- 3 - December 19, 2013
Moved and seconded by Alternate Director Spiers and Garlick
That it be recommended to the Board of Directors, a 0% increase to the operating grant be approved for the Teen Junction in the 2014 Financial Plan
Moved and seconded by Councillor Kiss and Director Fleming
That it be recommended to the Board of Directors $161,013 be approved for the Boys and Girls
Club in the 2014 Financial Plan.
Moved and seconded by Alternate Director Garlick and Director Sawatzky
That it be recommended to the Board of Directors, the $30,000 proposed Project Grants line item be removed from the 2014 Financial Plan.
Moved and seconded by Director Fleming and Alternate Director Lord
That it be recommended to the Board of Directors, a $32,500 operating grant for the Okanagan
Science Centre be approved for inclusion in the 2014 Financial Plan.
Moved and seconded by Director Sawatzky and Councillor Kiss
That it be recommended to the Board of Directors, a $15,000 operating grant for Gallery Vertigo be approved for inclusion in the 2014 Financial Plan.
The Committee reviewed the Capital Plan as presented by the General Manager Finance. The following was presented:
− $180,000 for the master plan process needs to be defined
−
Status of current debt
− Year end reconciliation of reserves
The Regular meeting of the Greater Vernon Advisory Committee adjourned to meet In Camera at 11:56 a.m.
The Regular meeting of the Greater Vernon Advisory Committee meeting reconvened at 12:08 p.m.
Page 48 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item G.1
Greater Vernon Advisory Committee
Minutes – Special
- 4 -
There being no further business, the meeting was adjourned at 12:10 p.m.
December 19, 2013
Chair
Mike Macnabb
Corporate Officer
Jeanne Byron
Page 49 of 49
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.3
PLANNING DEPARTMENT
INFORMATION REPORT
APPLICATION UNDER SECTION 20(3) OF THE
AGRICULTURAL LAND COMMISSION ACT
November 14, 2013
13-0063-D-ALR
Dean & Laura Campbell
The South 1/2 of the NE 1/4, Sec 16, Twp 41, ODYD, Except
Plans KAP44826 and KAP81250
013-585-274
670 Creighton Valley Road
15.89 ha (39.26 acres)
On-site water supply and sewage disposal
Class 5 and 7
Non Urban (N.U)
Agricultural / Non Urban / Major Road / Development Permit Area for Protection of the Natural Environment and Floodplain
Second residence (modular home) for a family member / farm help
That the application of Dean and Laura Campbell under Section 20(3) of the Agricultural Land
Commission Act to place a second residence (modular manufactured home) for family members on the property legally described as the South 1/2 of the NE 1/4, Sec 16, Twp 41, ODYD,
Except Plans KAP44826 and KAP81250 and located at 670 Creighton Valley Road, Electoral
Area ‘D’ be supported and the Building Inspector be authorized to issue a Building Permit for the proposed residence.
This is an application for a non-farm use (second dwelling) in the Agricultural Land Reserve
(ALR) under Section 20(3) of the Agricultural Land Commission (ALC) Act for the property located at 670 Creighton Valley Road. The owners of the property are proposing to replace an existing single wide manufactured home on the property with a new modular home that would be used by the parents of one of the owners.
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.3
The Zoning Bylaw does not permit secondary single family dwellings on ALR lands that are zoned Non Urban (N.U) unless the owner has first submitted an application to the ALC. The
Zoning Bylaw gives the Board three options in considering such applications:
1. Refuse to authorize the applicant to apply to the ALC;
2. Authorize the applicant to apply to the ALC for their adjudication; or
3. Authorize the Building Inspector to issue the Building Permit.
Site Context and the Proposal
The subject property is located on the south side of Creighton Valley Road. Creighton Creek runs through the property parallel to Creighton Valley Road. The land between Creighton Creek and Creighton Valley Road is cleared and relatively flat while the remainder of the property is treed and sloping. All of the buildings on the property are located within the area between
Creighton Creek and Creighton Valley Road. The buildings include a house, a manufactured home, and several agricultural and residential accessory buildings. Building Permits have been obtained for the existing buildings. The following orthophoto of the subject and surrounding properties was taken in 2007.
The subject and surrounding properties are zoned Non Urban (N.U) with the exception of the property to the northeast which is zoned Large Holdings (L.H). The south west quarter of the subject property and the properties to the south and southwest are not within the ALR and are designated as Non Urban in the OCP. The remainder of the property and the other surrounding properties are within the ALR and are designed within the OCP as Agricultural.
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.3
The owners of the property are proposing to replace an existing single wide manufactured home located in the southern homesite of the subject property with a new modular home that would be used by the parents of one of the owners. The proposed modular has a total floor area of
195.23 m² (2101.5 ft
2
(420 ft
2
) consisting of 148.27 m² (1596 ft
) garage and a 7.94 m² (85.5 ft
2 by the existing well, septic field and driveway.
2
) living space with an attached 39.02 m²
) covered deck. The modular is proposed to be serviced
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.
The Canada Land Inventory rates the northeast half of the subject property along Creighton
Valley Road as Class 5 with an improved rating of Class 4. Class 5 land is capable of producing cultivated perennial forage crops and specially adapted crops. Soil and/or climate conditions severely limit capability. Class 4 land is capable of a restricted range of crops. Soil and climate conditions require special management considerations. The subclasses associated with this portion of the land are identified as moisture deficiency, stoniness and topography .
The Canada Land Inventory rates the remainder of the subject property as Class 7. Class 7 lands have no capability for agriculture. The subclasses associated with the land are identified as topography and consolidated bedrock.
Section 18(a)(ii) of the ALC Act allows one residence per parcel of ALR land, and permits more than one residence where the additional residences are necessary for farm use. Section 3(1)(b) of the ALC Regulations allows one manufactured home, up to 9 m in width (otherwise known as a ‘double wide’), for use by a member of the owner’s immediate family.
The Electoral Areas “D” and “E” Official Community Plan designates the land use of the ALR portion of the subject property as Agricultural and the non-ALR portion as Non Urban. The areas with 30 m of Creighton Creek are designated Development Permit Areas for protection of the natural environment and protection from natural hazards (floodplain). Creighton Valley
Road is classified as a Major Road. The following Land Use Policies are relevant for this application:
Agricultural Land Policies
1) Agricultural lands are designated on the Official Community Plan Maps Schedules B, B1 &
B2 and are within the ALR and the
will take precedence;
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.3
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 rural character of Electoral Areas ‘D’ and ‘E’ shall be maintained to encourage the establishment of the widest range of agricultural activities.
The subject property is zoned Non-Urban (N.U) in Regional District of North Okanagan Zoning
Bylaw No. 1888, 2003. The minimum lot size standard of the N.U zone is 7.2 ha. Uses permitted in the N.U zone include accessory farm sales, intensive agricultural uses, resource uses, bed and breakfast uses, boarding house uses, fruit and produce pickers’ cabins and work force housing units, home occupations uses, packing houses, wineries and cideries, single and two family dwellings, ancillary dwellings and manufactured homes. 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. for lands that are located within the ALR, additional single family dwellings shall not be permitted unless the owner has first submitted an application to the ALC;
3. one ancillary single family dwelling on land in and out of the ALR; and
4. one additional single family dwelling on lots 14.4 ha or larger in size for lands located outside the Agricultural Land Reserve.
The owners of the subject property are proposing to replace an existing single wide manufactured home on the subject property with a new modular home which would be used by the parents of one of the owners. The Non-Urban (N.U) zone allows a second residence to be placed on the subject property without making application to the ALC if the gross floor area of the second residence does not exceed 75 m dwelling that is larger than 75 m
2
2
(807.3 ft
2
). The applicant would like to have a
and must therefore submit an application to the ALC. In considering such an application, the Board can refuse to authorize the applicant to apply to the
ALC; authorize the applicant to apply to the ALC for their adjudication; or authorize the Building
Inspector to issue the Building Permit.
It is recommended that the Board support the proposed second residence as the proposal complies with the policies of the Electoral Areas “D” and “E” OCP. It is noted that the OCP states that lands designated as Agricultural are intended to be used for agricultural purposes and associated uses as allowed by the ALC and the Regional District and that all uses of ALR land shall be in accordance with the
ALC Act
, Regulations, Orders and Policies.
Staff suggest approval of the application would have a minimal impact on the agricultural use of the subject property as the agricultural potential of the property is limited and the applicants are only proposing to replace an existing dwelling, albeit with a larger one. The proposed residence is consistent with Section 3(1)(b) of the ALC Regulations which allows one manufactured home, up to 9 m in width (otherwise known as a ‘double wide’), for use by a member of the owner’s immediate family. The living space of the proposed residence is 148.27 m² (1596 ft
2
).
2
). While the proposed residence also includes an attached garage and covered deck, the living space is consistent with that of a double wide manufactured home which has a standard size of approximately 167.23 m² (1800 ft
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.3
Agricultural Land Commission Application
13-0063-D-ALR (Dean
&
Laura Campbell) Page 5
Staff acknowledge the proposal does not comply with Section 18(a)(ii) of the ALC Act which permits more than one residence per parcel where the additional residences are necessary for farm use. While the owners utilise the ' farmable ' portions of the subject property for some agricultural uses , it is suggested that the level of farming activity on the property does not warrants the need for farm help. A large portion of the property is rated as Class 7 within the
BC Land Inventory farming . and due to its poor soil conditions and topography , is not suitable for
SUMMARY:
This is an application for a non farm use (second dwelling) in the Agricultural Land Reserve for the property located at 670 Creighton Valley Road. The owners of the property are proposing to replace an existing single wide manufactured home located on the subject property with a new modular home that would be used by the parents of one of the owners . It is recommended that the Board support the proposed second residence as the proposal complies with the policies of the regulations of the Agricultural Land Commission and the Electoral Areas " D " and " E" OCP .
REFERRALS:
The application was referred for comments to the following:
1. Electoral Area "D" Director
2. Electoral Area "D" Advisory Planning Commission
3. Electoral Area Advisory Committee
4. Regional Agricultural Advisory Committee
5. Interior Health Authority
I
Ministry of Agriculture
I
Ministry of Environment
6. Ministry of Transportation and Infrastructure
The Ministry advises that their interests are unaffected by the proposed replacement of the existing secondary homesite.
7. Building Inspection Department
The Building Inspector commented that he has no concerns regarding
Manufactured Home . Compliance to the installation of this appropriate CSA standard would be required if approved.
Submitted by:
Endorsed by :
Rob Smailes , RPP , MCIP
General Manager, Planning
~nd
Building
Approved For Inclusion :
T Ji t:{ ~ ator
J
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.3
-
) -
.
' . "' BoQ ,
i88 .
60 1
L
'
\
N l /2 01 SF1 4
\
I
\
'
'•
-
.....
'
.
...
.
.
'
:
I
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.3
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.3
Discussion ensued regarding the following:
The property has little area with farming potential;
Upgrading an existing older residence (mobile);
Intent of the manufactured home versus permanent modular home;
Size of the proposed modular;
‘Home plate’ issue;
Options of the Board with the application; and,
Water servicing requirements for the Building Permit application.
Comments:
Consensus that the application has little or no negative impacts on agriculture; and,
Support for authorizing the Building Inspector to accept a Building Permit application.
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.2
PLANNING DEPARTMENT
INFORMATION REPORT
APPLICATION UNDER SECTION 21(2) OF THE
AGRICULTURAL LAND COMMISSION ACT
October 31, 2013
13-0274-F-ALR
James Schalin c/o William E. Maddox
That part of the NW ¼ of Sec 8, Lying north of the right bank of the
Shuswap River, Twp 19, R6, W6M, KDYD, Except that part thereof lying between the right bank of the Shuswap River and the
Enderby-Mabel Lake Road.
013-858-467
2807, 2843, and 2845 Enderby Mabel Lake Road
27 ha (67 acres)
On-site water supply and sewage disposal
Class 4, 5 and 7
Non Urban (N.U)
Non Urban / Major Road / Development Permit Area
Homesite Severance Subdivision in the ALR
That the application of James Schalin c/o William E. Maddox under Section 21(2) of the
Agricultural Land Commission Act
to subdivide by homesite severance a 1.2 ha portion of the property legally described as That part of the NW ¼ of Sec 8, lying north of the right bank of the
Shuswap River, Twp 19, R6, W6M, KDYD, except that part thereof lying between the right bank of the Shuswap River and Enderby Mabel Lake Road and located at 2807, 2843 and 2845
Enderby Mabel Lake Road, Electoral Area “F” be authorized for submission to the Agricultural
Land Commission subject to the area of the homesite lot being reduced to 1 ha.
The subject application proposes to subdivide a 1.2 ha portion of the property located at 2807,
2843, and 2845 Enderby Mabel Lake Road for the purpose of creating a homesite lot under
Section 946 of the Local Government Act. As the proposed homesite lot is located in the
Agricultural Land Reserve (ALR), approval under Section 21(2) of the Agricultural Land
Commission (ALC) Act is required in order to create the proposed homesite lot. The owner qualifies for a homesite severance application as he has continuously owned and occupied the subject property as his principal place of residence since prior to the December 21, 1972.
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.2
Site Context and Proposal
The subject property is located on the north side of Enderby Mabel Lake Road and the
Shuswap River. The southwest portion of the property is relatively flat and located in the
Shuswap River Floodplain. The property slopes upwards toward the northeast. Access to the property is gained from Enderby Mabel Lake Road. The property is used for agricultural purposes and currently contains three separate residences (single family dwellings), three barns and a machine storage shop.
As shown on the attached plan, the applicant is proposing to subdivide a 1.2 hectare lot from the southeast corner of the property. This portion of the property currently houses one of the single family dwellings and a shed. The lot would have 78 m of frontage on Enderby Mabel
Lake Road.
The subject and surrounding properties are zoned Non-Urban (N.U). The properties across the
Shuswap River are zoned Large Holdings (L.H). As shown on the map below, the subject and surrounding properties are located within the ALR (shown in cross-hatch) with the exception of properties to the northeast. There are a few Residential Two Family zoned (R.2) properties immediately to the south of the proposed homesite severance lot. The applicant also owns five adjacent properties to the west and north of the subject property.
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.2
The following orthophoto of the subject and surrounding properties was taken in 2007.
Agricultural Capability of Subject Property and Supporting Properties
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. Class 1 land is capable of producing the very widest range of crops whereas Class 7 land has no capability for soil bound agriculture. As the class numbers increase from Class 1 to 7, the range of crops decreases. Class O refers to organic soils rather than mineral soils. The organic soil class definitions are equivalent in terms of their relative capabilities and limitations for agricultural use to those defined for mineral soil. Associated with each class is a subclass that identifies limitations or special management practices needed to improve the soil. The classification usually gives land two ratings: unimproved and improved.
Unimproved ratings describe the land in its native condition. Improved ratings indicate the land’s potential once management practices have been implemented, such as irrigation or drainage.
The Canada Land Inventory rates the southwest portion of the subject property as 70% Class 4 and 30% Class 5 with an improved rating of the same. The subclasses associated with these ratings are stoniness and excess water (groundwater). The remainder of the subject property is rated as 50% Class 4, 30% Class 5 and 20% Class 7 with an improved rating of the same. The subclasses associated with these ratings are stoniness and topography.
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.2
Agricultural Land Commission Policy No. 11 – Homesite Severance on ALR Lands
The ALC has adopted the following guidelines to provide a consistent approach to the consideration and approval of homesite severance applications:
1. A once only severance may be permitted where the applicant submits documentary evidence that he or she has continuously owned and occupied the property as his or her principal place of residence since December 21, 1972.
2. Where an application for a homesite severance has had a previous subdivision application approved by the ALC resulting in the creation of a separate parcel, the ALC may consider the previous approval as having fulfilled the objectives of the Homesite Severance Policy and may deny any further consideration under the Homesite Severance Policy.
3. An application for a homesite severance will be considered only where the applicant submits documentary evidence showing a legitimate intention to sell the remainder of the property.
4. There will be cases where the ALC considers that good land use criteria rule out any subdivision of the land because subdivision would compromise the agricultural integrity of the area, and the ALC must therefore exercise its discretion to refuse the homesite severance. Where the ALC decides to allow a homesite severance, there are two options: a) the existing homesite may be created as a separate parcel where it is of a minimum size compatible with the character of the property; or b) where the location of the existing homesite is such that the creation of a parcel encompassing the homesite would, in the ALC’s opinion, create potential difficulty for the agricultural operation or management of the remainder, the ALC may, as it deems appropriate, approve the creation of a parcel elsewhere on the subject property.
5. The remainder of the subject property after severance of the homesite must be of a size and configuration that will, in the ALC’s opinion, constitute a suitable agricultural parcel. Where, in the ALC’s opinion, the remainder is of an unacceptable size or configuration from an agricultural perspective, there are three options: a) the ALC may deny the homesite severance; b) the ALC may require that the remainder be consolidated with an adjacent parcel; or c) the ALC may require the registration of a covenant against the title of the remainder and such a covenant may prohibit the construction of dwellings.
6. A condition of every homesite severance approved by the ALC shall be an order stipulating that the homesite is not to be resold for five years except in the case of estate settlements.
Regional District of North Okanagan Policy No. LU012 – Homesite Severance Policy
The above noted Policy states that homesite severance subdivision applications to the ALC should be considered on their own merits and the Regional Board may abandon or depart from the following established guidelines based on these merits:
1. Section 946 subdivisions within an ALR should not be authorized unless the subject property has been owned by the applicant prior to the enactment of the ALC Act on
December 21, 1972. Owners who purchased their land after the Act came into effect should not have any expectations of approval of any subdivision of their land.
2. Section 946 subdivisions should not be authorized where the property is owned by a limited company unless the company is owned by a family that resides on the subject property.
3. Section 946 subdivisions within an ALR should be located on land where soils have a lower capability rating for agricultural uses; near existing small lots within the vicinity of the proposed subdivision; and not near existing intensive agricultural operations in the area.
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.2
4. The density provisions of the Regional District Zoning Bylaw should be respected whereby the remnant lot following a Section 946 subdivision should meet the minimum lot size standard of the zone in which the property is located and further, if the lot is classified as a farm for assessment and taxation purposes, the remnant lot should be at least 2 ha.
5. The minimum lot size for a parcel being created should be 1 ha to reflect the minimum lot area requirement of the Ministry of Community, Aboriginal and Women’s Services applicable to lots serviced with on-site septic tank effluent disposal systems.
6. Notwithstanding the minimum lot standard cited above, the maximum lot size for the parcel being created pursuant to Section 946 should be the smallest possible land area necessary to incorporate an existing residence; accessory residential buildings that are located in close proximity to the existing residence; and the access driveway, well and septic tank effluent disposal system servicing the existing residence. Larger, vacant lots may also be approved where necessary in order to provide a suitable building site meeting the setback, site coverage and site servicing requirements of the Regional District Zoning and Subdivision
Servicing Bylaws in force from time to time.
7. Road dedication for widening an existing public road should be required across the entire frontage of the subject property, but should be the smallest possible land area necessary to satisfy the Ministry of Transportation requirements.
8. If an application is not authorized, the applicant should be allowed to make representations to the Regional Board or Committee respecting matters contained in the application and the applicant should be afforded a reasonable opportunity to be heard or to present written submissions on matters contained in the application.
The subject property is designated in the Electoral Area “F” Official Community Plan as Non-
Urban. In accordance with this designation, the following Policies are to be considered for this application:
Rural Low Density Policies
1. Low density rural lands are those used for or having a potential for resource extraction and that are not suitable for intensive development because of limitations of elevation, slope, water, accessibility, disruption of existing resource or agricultural uses, or interference with watershed conservation and are designated as Large Holding and Non-Urban.
2. The minimum parcel size for low density rural use shall be appropriate to the use, but in no case shall the minimum parcel size be less than that of the Non-Urban zone (7.2 ha) except in those cases where subdivision of a smaller lot is permitted by virtue of a road severance under the provisions of the Regional District Zoning Bylaw.
3. Where land is in the Non-Urban designation and in the ALR, the minimum parcel size of 7.2 ha shall only apply when that land is: a. excluded from the ALR; or b. approved for subdivision within the ALR pursuant to the ALC Act, Regulations thereto, or
Orders of the Commission; or c. exempted by the ALC Act, Regulations thereto, or Orders of the Commission.
4. Notwithstanding that the ALC may have indicated approval of or no objection, to this Plan, the
Commission is obliged to consider individual applications on their own merit under the mandate of the ALC Act and is not obliged to approve applications that comply with the minimum lot size or density of this land use designation.
5. Rural low density lands shall conform to the following requirements:
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.2
a. said lands should have access to a public road system meeting Ministry of Transportation standards in which emergency egress must be considered in wildfire interface areas; b. should not be subject to flooding or in an area with a high water table; c. should contain suitable building sites; d. must be serviced with a potable water supply meeting the requirements of DIVISION XIV -
SERVICES - POLICIES - Potable Water Supply; and e. must provide for the collection, treatment and disposal of sewage meeting the requirements of DIVISION XIV - SERVICES - POLICIES - Sewage Collection, Treatment and Disposal.
The subject property is zoned Non-Urban (N.U). Uses permitted in the N.U 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, wineries and cideries, single and two family dwellings, ancillary dwellings and manufactured homes. The number of buildings 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. for lands that are located within the ALR, additional single family dwellings shall not be permitted unless the owner has first submitted an application to the ALC; and
3. one ancillary single family dwelling on land in and out of the ALR, subject to the dwelling not exceeding a gross floor area of 75 m
2
(807.3 ft
2
) exclusive of attached open carports and open porches, shall not include a basement, shall not include habitable space in an attic, and shall not be permitted on lots smaller than 2 ha (4.942 acres).
A Section 946 subdivision application precludes considerations of lot size restrictions other than in the instance that the local government has established a minimum parcel size by bylaw. In this regard the Zoning Bylaw contains regulations setting such minimum lot sizes for parcels proposed to be subdivided under Section 946, however the regulations do not apply to properties within the ALR. The Zoning Bylaw requires that non-ALR lots must be 8.5 ha or larger in order to be subdivided under Section 946 of the Local Government Act.
It is recommended that this application be supported as it complies with the Policies of the
Electoral Area “F” Official Community Plan, including the Policy which states that all uses and subdivision of ALR land are to be in accordance with the Agricultural Land Commission Act, regulations thereto, and the orders of the Commission. In this regard, the proposed subdivision is consistent with the provisions of the ALC Homesite Severance Policy as outlined below:
1. the applicant has submitted evidence that he has continuously owned and occupied the property as his principal place of residence since December 21, 1972;
2. the ALC has not previously approved the subdivision of the property;
3. the proposed homesite is of a minimum size compatible with the character of the property;
4. the remainder of the subject property would be of a size and configuration that would constitute a suitable agricultural parcel.
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.2
The proposal is also consistent with the provisions of the Regional District Homesite Severance
Policy as outlined below:
1. the owner has submitted documentation which demonstrates that he purchased the property prior to the enactment of the ALC Act on December 21, 1972;
2. the property is not owned by a limited company;
3. the proposed homesite lot would encompass an existing house, septic field, driveway and accessory building and would not impact the portion of the property currently used for agricultural purposes;
4. the proposed homesite lot is within the vicinity of existing small lots and is not near existing intensive agricultural operations;
5. the remainder lot would meet the minimum lot size standard of the N.U. zone;
The Regional District Policy states that minimum lot size for a homesite parcel being created should be 1 ha to reflect the minimum lot area requirements applicable to lots serviced with onsite septic tank effluent disposal systems. The Policy goes on to state that notwithstanding the minimum lot standard cited above, the maximum lot size for the parcel being created should be the smallest possible land area necessary to incorporate an existing residence; accessory residential buildings that are located in close proximity to the existing residence; and the access driveway, well and septic disposal system servicing the existing residence. Larger, vacant lots may also be approved where necessary in order to provide a suitable building site meeting the setback, site coverage and site servicing requirements. To address these matters, it is recommended that the application be supported on the condition that the area of the proposed homesite lot be reduced to 1 ha. In this regard, the applicant has not demonstrated a need to create a 1.2 ha lot except to note that the proposed lot would accommodate an existing shed. It appears that the shed could be accommodated within a 1 ha lot.
The subject application proposes to subdivide a 1.2 ha portion of the property located at 2807,
2843, and 2845 Enderby Mabel Lake Road for the purpose of creating a homesite lot under
Section 946 of the
Local Government Act
and Section 21(2) of the
Agricultural Land
Commission Act
. It is recommended that this application be supported as it generally complies with the Agricultural Policies of the Electoral Area “F” Official Community Plan, the Agricultural
Land Commission Homesite Severance Policy and the Regional District Homesite Severance
Policy. To fully address the Regional District Policy it is recommended that as a condition of supporting the application, the area of the proposed homesite be reduced to 1 ha.
The application was referred for comments to the following:
No comments or concerns with respect to the subject application
IHA will be assessing the application at subdivision stage to determine the suitability of onsite sewage disposal and/or onsite drinking water. A site plan, soils information, and drinking water information is required on smaller homesite severance lots.
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.2
Agricultural Land Commission Application
13-0274 F-ALR (Schalin c/o W .
E. Maddox) PageS
6. Ministry of Transportation and Infrastructure
No objections subject to Enderby Mabel Lake Road being dedicated 12 .
5 m through the entire property from mean existing centreline or 3 m beyond all cuts and fills, whichever is greater. As a requirement at subdivision stage, the owner must show that a driveway is possible for the proposed lot within its own road frontage. MoTI could not approve a subdivision where the driveway could not meet specifications or minimum sight
7
8
.
.
distances.
Ministry of Agriculture
Regional Agricultural Advisory Committee
No concerns were noted regarding the proposed homesite severance . recommendation was received at their August 22 , 2013 meeting:
The following
That the Regional Agricultural Advisory Committee support the homesite severance application of
J .
Schalin c/o W .
E . Maddox and that it be recommended to the Board of
Directors the application be forwarded to the Agricultural Land Commission .
9. Ministry of Environment
To ensure proposed activities are planned and carried out with minimal impact to the environment and in compliance with relevant legislation , 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 and Rural Land
Development).
Submitted by:
Lynda Fraser
Planning Assistant (Temp)
Endorsed by:
Rob Smailes, MCIP
General Manager , Planning and Building
Approved For Inclusion:
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.2
q~~ tt
1 / 4
2
P .4
:;:
•AI.tSRD
IU N OEVELOP!'O)
A
BOARD of DIRECTORS - REGULAR AGENDA
January 15, 2014 - Item E.2
ALL DISTANCES ARE IN METRES.
S 1/2 OF SW 1/4
SEC 1 7 TP 19 R 6 W6M
LOT 1
PLAN
KAP4 73 48
(0 ci l() REM
NW
PART
1/4 SEC 8
N ORT H OF
SHUSWAP RIVER
93 .77
0
LOT 1
1.21 ha
L OT 1
PLAN
20380
Ol
Oi
§
Ex i st~~)')
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