Approved June 20, 2013
REGIONAL DISTRICT OF OKANAGAN-SIMILKAMEEN REGULAR BOARD MEETING
Minutes of the Board Meeting of the Regional District of Okanagan-Similkameen (RDOS) Board of Directors held at 12:30 pm Thursday June 6, 2013 in the Boardroom, 101 Martin Street, Penticton, British Columbia. MEMBERS PRESENT: Vice Chair M. Pendergraft, Electoral Area ‘A’ Director K. Kozakevich, Electoral Area ‘E’ Director F. Armitage, Town of Princeton Director G. Litke, City of Penticton Director G. Thielmann, Alt. Village of Keremeos Director A. Patton, Electoral Area ‘C’ Director M. Brydon, Electoral Area ‘F' Director J. Perrino, District of Summerland Director G. Bush, Electoral Area ‘B’ Director T. Siddon, Electoral Area ‘D’ Director O. Robson, Alt. District of Summerland Director J. Vassilaki, City of Penticton Director B. Hope, Electoral Area ‘H’ Director S. Wells, Town of Osoyoos Director R. Hovanes, Town of Oliver Director A. Wood, Electoral Area ‘G’ Director A. Jakubeit, City of Penticton Director J. Sentes, Alt. City of Penticton
MEMBERS ABSENT:
Chair D. Ashton, City of Penticton Director B. Hallquist, District of Summerland Director M. Bauer, Village of Keremeos
STAFF PRESENT: B. Newell, Chief Administrative Officer L. Walton, Building Inspection Supervisor C. Malden, Deputy Corporate Officer C. Garrish, Planner D. Butler, Development Services Manager E. Riechert, Planner M. Woods, Community Services Manager D. French, Public Works Manager 1. ADOPTION OF AGENDA (Unweighted Corporate Vote – Simple Majority)
B181/13 It was MOVED and SECONDED THAT the agenda for the RDOS Board Meeting of June 6, 2013 be adopted. CARRIED
2. MINUTES (Unweighted Corporate Vote – Simple Majority)
2.1 Protective Services Committee Meeting – May 16, 2013
B182/13A It was MOVED and SECONDED THAT the Board of Directors receive the minutes of the Protective Services Committee Meeting held May 16, 2013. CARRIED
2.2 Community Services Committee Meeting – May 16, 2013
B183/13A It was MOVED and SECONDED THAT the Board of Directors receive the minutes of the Community Services Committee Meeting held May 16, 2013. CARRIED
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2.2.1 Endorsement of Recommendation
B184/13CS It was MOVED and SECONDED THAT the Board of Directors recognize Granite Creek as having heritage value and character and it be placed on a Community Heritage Register; and THAT the Board of Directors direct staff to notify the Ministry responsible for the Heritage Conservation Act in accordance with Section 977 of the Local Government Act within 30 days of the resolution. CARRIED
2.3 Corporate Services Committee Meeting – May 16, 2013
B185/13A It was MOVED and SECONDED THAT the Board of Directors receive the minutes of the Corporate Services Committee Meeting held May 16, 2013. CARRIED
2.3.1 Endorsement of Recommendation
B186/13A It was MOVED and SECONDED THAT the Board of Directors pilot the use of a “Consent Agenda” for planning issues for a six month period; and further, THAT the legislative structure be revisited in conjunction with the RDOS Decision Making Guidelines Policy at the annual Legislative Workshop. CARRIED
2.4 RDOS Regular Board Meeting – May 16, 2013
B187/13A It was MOVED and SECONDED THAT the Board of Directors adopt the minutes of the RDOS Regular Board Meeting held May 16, 2013. CARRIED
3. DELEGATION
3.1 Lower Similkameen Indian Band
Chief Robert Edward, Gwen Bridge and Tracy Lawlor addressed the Board of Directors regarding the Similkameen Valley Watershed Plan. Handout
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DEVELOPMENT SERVICES DEPARTMENT
4. BUILDING INSPECTION
4.1 Building Violations (Unweighted Corporate Vote – Simple Majority)
4.1.1 H01194.000 Lot 9, Plan KAP8079, DL 2697, 3012 Highway 5A
B188/13A It was MOVED and SECONDED THAT Item 4.1.1 Building Violation H01194.000 be deferred to the July 18, 2013 meeting. CARRIED
4.2 Bylaw Enforcement (Unweighted Corporate Vote – Simple Majority)
4.2.1 Enforcement of Building Bylaw Violations Policy Amendment
B189/13A It was MOVED and SECONDED That Item 4.2.1 Enforcement of Building Bylaw Violations Policy amendment be deferred to a committee with a lawyer present. CARRIED 5. RURAL LAND USE MATTERS
5.1 Bylaws to be Introduced (Unweighted Rural Vote – Simple Majority)
Area A
5.1.1 A06379.000 0854560 B.C. Ltd/ T. Ankeman, G. Harris (Willow Beach)
5.1.1.1 Bylaw No. 2450.06, 2013, Electoral Area ‘A’ Official Community Plan Amendment Bylaw
5.1.1.2 Bylaw No. 2451.12, 2013, Electoral Area ‘A’ Zoning Amendment Bylaw (amendment distributed at meeting)
5.1.1.3 Comments received
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B190/13P It was MOVED and SECONDED THAT Bylaw No. 2450.06, 2013, Electoral Area ‘A’ Official Community Plan Amendment Bylaw, and Bylaw No. 2451.12, 2013, Electoral Area ‘A’ Zoning Amendment Bylaw, as amended at the June 6, 2013 meeting, be read for a first and second time and forwarded to a public hearing; AND THAT the Board of Directors considers the process, as outlined in the report from the Chief Administrative Officer dated June 6th, 2013, to be appropriate consultation for the purpose of Section 879 of the Local Government Act; AND THAT, in accordance with Section 882 of the Local Government Act, the Board of Directors has considered Amendment Bylaw No. 2450.06, 2012, in conjunction with its Financial and applicable Waste Management Plans; AND THAT the Applicant provide written confirmation from the Town of Osoyoos for provision of water (including adequate fire flows for the proposed residential use) and sanitary sewer service is available prior to public hearing and paid in full prior to adoption of the zoning bylaw. AND THAT the holding of the public hearing be delegated to Director Pendergraft or delegate; AND THAT staff schedule the date, time, and place of the public hearing in consultation with Director Pendergraft; AND THAT staff give notice of the public hearing in accordance with the requirement of the Local Government Act. AND THAT prior to final adoption of the zoning bylaw the applicant enters into a no-build covenant, the actual cost of which will be borne by the Applicant, with the Regional District that restricts the property as follows: 1) The lands designated as Park and Administrative Institutional be dedicated to the Regional District. 2) Public Road access will be required to the area designated Park, Administrative Institutional and the SH3 area at the time of initial subdivision. 3) The area shown as a public trail on the west side of the property will be dedicated to the RDOS. 4) The area shown as a public trail on the west side of the property will be constructed per RDOS and provincial trail standards. 5) Construct a public washroom facility to the Town of Osoyoos and RDOS standards. 6) Construct a 20 stall parking lot to RDOS Standards in the proposed park. 7) All on-site wells will be decommissioned. 8) Access to the RDOS for mosquito abatement over the entire property, including the land zoned CA. 9) The Applicant provide a security acceptable to the RDOS for items 4, 5, 6 and 7 above. AND THAT the Applicant shall have two years after third reading to complete all conditions listed above or the bylaw will be abandoned and all previous readings rescinded. CARRIED Opposed: Directors Patton, Siddon
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5.1.2 A07108.110; A07108.120; A07108.130 V-Line Holdings Ltd 18256 Hwy 3
5.1.2.1 Bylaw No. 2450.08, 2013, Electoral Area ‘A’ Official Community Plan Amendment Bylaw
5.1.2.2 Bylaw No. 2451.14, 2013, Electoral Area ‘A’ Zoning Amendment Bylaw
5.1.2.3 Comments received
B191/13P It was MOVED and SECONDED THAT Bylaw No. 2450.08, 2013, Electoral Area ‘A’ Official Community Plan Amendment Bylaw, and, Bylaw No. 2451.14, 2013, Electoral Area ‘A’ Zoning Amendment Bylaw be read for a first and second time and forwarded to a public hearing. AND THAT the Board of Directors considers the process, as outlined in the report from the Chief Administrative Officer dated June 6, 2013, to be appropriate consultation for the purpose of Section 879 of the Local Government Act; AND THAT, in accordance with Section 882 of the Local Government Act, the Board of Directors has considered Amendment Bylaw No. 2450.08, 2012, in conjunction with its Financial and applicable Waste Management Plans; AND THAT the holding of the public hearing be delegated to Director Pendergraft or delegate; AND THAT staff schedule the date, time, and place of the public hearing in consultation with Director Pendergraft; AND THAT staff give notice of the public hearing in accordance with the requirement of the Local Government Act. CARRIED
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Area D
5.1.3 Vacation Rentals, Apex Alpine Area
5.1.3.1 Bylaw No. 2456.05, 2013, Electoral Area ‘D’ Official Community Plan Amendment Bylaw
5.1.3.2 Bylaw No. 2457.12, 2013, Electoral Area ‘D’ Zoning Amendment Bylaw
5.1.3.3 Comments received
B192/13P It was MOVED and SECONDED THAT Bylaw No. 2456.05, 2013, Electoral Area ‘D’ Official Community Plan Amendment Bylaw and Bylaw No. 2457.12, 2013, Electoral Area ‘D’ Zoning Amendment Bylaw be read a first and second time and proceed to a public hearing; AND THAT the Board of Directors considers the process, as outlined in the report from the Chief Administrative Officer dated June 6, 2013, to be appropriate consultation for the purpose of Section 879 of the Local Government Act; AND THAT, in accordance with Section 882 of the Local Government Act, the Board of Directors has considered Amendment Bylaw No. 2456.05, 2013, in conjunction with its Financial and applicable Waste Management Plans; AND THAT the holding of the public hearing be delegated to Director Siddon or delegate; AND THAT staff schedule the date, time, and place of the public hearing in consultation with Director Siddon; AND THAT staff give notice of the public hearing in accordance with the requirements of the Local Government Act. CARRIED
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Area H
5.1.4 H01113.000 B. Morgan & R. Morgan 3834 Princeton-Summerland Road
5.1.4.1 Bylaw No. 2497.01, 2013, Electoral Area ‘H’ Official Community Plan Amendment Bylaw
5.1.4.2 Bylaw No. 2498.01, 2013, Electoral Area ‘H’ Zoning Amendment Bylaw
5.1.4.3 Comments Received
B193/13P It was MOVED and SECONDED THAT Bylaw No. 2497.01, 2013, Electoral Area ‘H’ Official Community Plan Amendment Bylaw and Bylaw No. 2498.01, 2013, Electoral Area ‘H’ Zoning Amendment Bylaw be read a first and second time and proceed to a public hearing; AND THAT the Board of Directors considers the process, as outlined in the report from the Chief Administrative Officer dated June 6, 2013, to be appropriate consultation for the purpose of Section 879 of the Local Government Act; AND THAT, in accordance with Section 882 of the Local Government Act, the Board of Directors has considered Amendment Bylaw No. 2497.01, 2013, in conjunction with its Financial and applicable Waste Management Plans; AND THAT the holding of the public hearing be delegated to Director Hope or delegate; AND THAT staff schedule the date, time, and place of the public hearing in consultation with Director Hope; AND THAT staff give notice of the public hearing in accordance with the requirements of the Local Government Act. CARRIED
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5.2 Bylaws at Second Reading
Area D
5.2.1 D00988.088 MDD Developments Ltd. (Unweighted Rural Vote – Simple Majority)
5.2.1.1 Public Hearing Minutes – May 22, 2013
Director Siddon indicated that the public hearing minutes reflected an accurate account of what took place at the public hearing held on May 22, 2013.
B194/13A It was MOVED and SECONDED THAT the Board of Directors receive the minutes of the public hearing held May 22, 2013 regarding Bylaw Nos. 2454.08 and 2455.11 as presented. CARRIED
5.2.1.2 Bylaw No. 2454.08, 2013, Electoral Area ‘D-2’ Official Community Plan Amendment Bylaw
5.2.1.3 Bylaw No. 2455.11, 2013, Electoral Area ‘D-2’ Zoning Amendment Bylaw
B195/13P It was MOVED and SECONDED THAT Bylaw No. 2454.08, 2013, Electoral Area ‘D-2’ Official Community Plan Amendment Bylaw, and Bylaw No. 2455.11, 2013, Electoral Area ‘D-2’ Zoning Amendment Bylaw be read for a third time; AND THAT the subject property be designated as being within the Multiple Family Development Permit Area for Electoral Area ‘D-2’; AND THAT prior to adoption a ‘no build’ covenant be placed on the subject property and removed only when park land is dedicated, to the satisfaction of the RDOS, and registered on a reference plan at Land Titles Office. DEFEATED Opposed: Directors Patton, Siddon, Hope, Wood
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5.2.2 D06802.105 Liquidity Wines Ltd.
5.2.2.1 Public Hearing Minutes – May 22, 2013 (Unweighted Rural Vote – Simple Majority)
Director Siddon indicated that the public hearing minutes reflected an accurate account of what took place at the public hearing held on May 22, 2013.
B196/13A It was MOVED and SECONDED THAT the Board of Directors receive the minutes of the public hearing held May 22, 2013 regarding Bylaw No. 2455.12 as presented. CARRIED
5.2.2.2 Bylaw No. 2455.12 Electoral Area ‘D-2’ Zoning Amendment Bylaw (Unweighted Rural Vote – 2/3 Majority)
B197/13P It was MOVED and SECONDED THAT Bylaw No. 2455.12, 2013 Electoral Area ‘D-2’ East Skaha - Vaseux Zoning Bylaw be read a third time and be adopted. CARRIED
Area E
5.2.3 Requirements for the preparation of a Comprehensive Development Plan (CDP) (Unweighted Rural Vote – Simple Majority)
5.2.3.1 Public Hearing Minutes – May 15, 2013
Director Kozakevich indicated that the public hearing minutes reflected an accurate account of what took place at the public hearing held on May 15, 2013.
B198/13A It was MOVED and SECONDED THAT the Board of Directors receive the minutes of the public hearing held May 15, 2013 regarding Bylaw No. 2458.04 as presented. CARRIED
5.2.3.2 Bylaw No. 2458.04, 2011, Electoral Area ‘E’ Official Community Plan Amendment Bylaw
B199/13P It was MOVED and SECONDED THAT Bylaw No. 2458.04, 2011, Electoral Area ‘E’ Official Community Plan Amendment Bylaw be read a third time, as amended. CARRIED
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5.3 Development Variance Permit Applications (Unweighted Rural Vote – Simple Majority)
Area A
5.3.1 A06203.000 A. & M. Tiwana 4028 – 107th Ave, Osoyoos
B200/13P It was MOVED and SECONDED THAT the Board of Directors not approve Development Variance Permit No. A-12-06203.000 to vary the interior side parcel line setback for accessory buildings and structures on parcels 2,020m2 or greater in the Agriculture One (AG1) Zone from 4.5 metres to 0.86 metres as prescribed at Section 10.2.6(a)(iv) of the Electoral Area ‘A’ Zoning Bylaw No. 2451, 2008. CARRIED
Area D
5.3.2 D00857.054 M. Morgan/ B. Harrison 149-4400 McLean Creek Road
B201/13P It was MOVED and SECONDED THAT the Board of Directors approve Development Variance Permit No. D2013.015-DVP. CARRIED
5.4 Agricultural Land Commission Referrals (Unweighted Rural Vote – Simple Majority)
Area C
5.4.1 C05602.000 R. & L. Lebert 730 Golden Current Rd
5.4.1.1 Comments Received
B202/13P It was MOVED and SECONDED That the Board of Directors authorise the Lebert application to undertake a subdivision at 730 Golden Current Rd, Electoral Area ‘C’ to proceed to the Agricultural Land Commission in accordance with Section 21(2) of the Agricultural Land Commission Act. CARRIED
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5.4.2 C06577.205 Hester Creek Estate Winery Ltd./ R. Openshaw 877 Road 8
B203/13P It was MOVED and SECONDED THAT the Board of Directors authorize the Hester Creek Estate Winery ‘non-farm’ use application to proceed to the Agriculture Land Commission (ALC); and further, THAT the ALC be advised that the Board of Directors does not support a ‘food and beverage service lounge’ in the ALR being granted approval to operate under a Food Primary Liquor license, but does support a ‘food and beverage service lounge’ in the ALR being granted approval to offer alcoholic sales of products grown and produced in BC under the Winery Lounge Endorsement license. CARRIED Opposed: Directors Siddon, Kozakevich, Wood
Area D
5.4.3 D07069.000 B. & D. Cutler, J. & C. Cutler, K. & M. Haycock and R. Cutler, 1534, 1536, 1538 and 1540 Marron Valley Road
B204/13P It was MOVED and SECONDED THAT the Board of Directors “authorise” the application to subdivide an approximately 64.75 hectare parcel of land at 1534, 1536, 1538 and 1540 Marron Valley Road, Electoral Area ‘D’ to proceed to the Agricultural Land Commission and supports the inclusion of approximately 38 acres into the ALR. DEFEATED Opposed: Directors Patton, Brydon, Hope, Wood
OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER
6. LEGISLATIVE ISSUES
6.1 2014 Local Government Awareness Week (Unweighted Corporate Vote – Simple Majority)
B205/13A It was MOVED and SECONDED THAT the Board of Directors approve the RDOS Director/Chair for the Day essay contest in conjunction with Local Government Awareness Week 2014. CARRIED
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6.2 Electoral Area ‘E’ Parks & Recreation Commission Appointments (Unweighted Corporate Vote – Simple Majority)
B206/13CS It was MOVED and SECONDED THAT the Board of Directors appoint the following people as members of the Electoral Area “E” Parks & Recreation Commission for the periods indicated:
Name Position Expires Dennis Smith Member Dec 31, 2014 Tracey Stel Member Dec 31, 2014 Charmaine Hardardt Member Dec 31, 2013 Deborah Linton Member Dec 31, 2014 Magnhild Kopp Member Dec 31, 2013 Lyle Resh Member Dec 31, 2013 Gary Dicken Member Dec 31, 2014 Jeff Gagnon Member Dec 31, 2014 Bob Pereira Member Dec 31, 2014 Darren Rettie Member Dec 31, 2014
AND THAT a letter of appreciation be sent to departing member, Judi Harvey thanking her for her valuable contribution to the Parks & Recreation Commission. CARRIED
6.3 Bylaws to be Introduced
6.3.1 Regional Board Procedure Bylaw (Unweighted Corporate Vote – 2/3 Majority)
6.3.1.1 Bylaw No. 2620.01, 2013 Regional District of Okanagan- Similkameen Regional Board Procedure Amendment Bylaw
B207/13A It was MOVED and SECONDED THAT Regional District of Okanagan-Similkameen Regional Board Procedure Amendment Bylaw No. 2620.01, 2013 be read a first, second and third time and adopted. CARRIED
7. CAO REPORTS
7.1 Verbal Update
7.2 Economic Development
B208/13A It was MOVED and SECONDED THAT the Board of Directors resolve to set $50,000 to an Economic Development Reserve, established by bylaw. CARRIED
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8. OTHER BUSINESS
8.1 Chair’s Report
8.2 Directors’ Motions
8.3 Board Members Verbal Update
Director Woods presented a video entitled “The Rural BC Project.”
B209/13A It was MOVED and SECONDED THAT a letter in support of the Rural BC Project be sent the Premier’s Office and copied to the Beetle Action Coalitions. CARRIED
ADJOURN
By consensus, the meeting adjourned at 3:59 pm.
APPROVED: CERTIFIED CORRECT:
______M. Pendergraft B. Newell RDOS Board Vice Chair Chief Administrative Officer
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