REGIONAL DISTRICT OF NORTH OKANAGAN ELECTORAL AREA ADVISORY COMMITTEE MEETING Thursday, November 6, 2014 2:00 p.m.

REGULAR AGENDA

A. APPROVAL OF AGENDA

1. Regular Agenda – November 6, 2014 (Opportunity for Introduction of Late Items) (Opportunity for Introduction of Late Items – In Camera Agenda)

RECOMMENDATION 1 That the Agenda of the November 6, 2014 Electoral Area Advisory Committee meeting be approved as presented.

B. ADOPTION OF MINUTES

1. Electoral Area Advisory Committee – October 2, 2014

RECOMMENDATION 2 Page 1 That the minutes of the October 2, 2014 Electoral Area Advisory Committee Meeting be adopted as circulated.

C. DELEGATIONS

1. Vernon / North Okanagan Detachment – Policing Third Quarter Report − Third Quarter 2014 Municipal Report − Third Quarter 2014 Rural Report − Third Quarter 2014 Report – Victims Assistance Program

RECOMMENDATION 3 Page 6 That the Third Quarter reports dated October 15, 2014 from the Vernon / North Okanagan Detachment – Municipal and Rural Policing and the Third Quarter report from the Victims Assistance Program be received for information.

2. Vernon / North Okanagan Safe Communities Unit – Report dated October 28, 2014 – October 2014 Speed Watch Report – October 2014 Invasive Species Report

Electoral Area Advisory Committee Agenda – Regular - 2 - November 6, 2014

RECOMMENDATION 4 Page 22 That the report dated October 28, 2014 from the Vernon / North Okanagan Detachment – Safe Communities Unit be received for information.

3. Rezoning Application BOULTER, T and C (File No. 14-317-C-RZ) (See Item E.1)

4. OCP/Rezoning Application COUGHLIN, J and S (File No. 12-0023-C-OR) (See Item E.2)

D. UNFINISHED BUSINESS

E. NEW BUSINESS

1. Bylaw 2662- Rezoning Application BOULTER, T and C (File No. 14-317-C-RZ) − Staff report dated October 21, 2014 − Bylaw 2662

RECOMMENDATION 5 Page 28 That it be recommended to the Board of Directors, Rezoning Bylaw No. 2662, 2014 which proposes to rezone a 28 ha portion of the properties legally described as The W1/2 of the S1/2 of the S1/2 of Sec 29, Twp 5, ODYD; AND the W1/2 of the N1/2 of the N1/2 of Sec 20, Twp 5, ODYD and located at 7961 Silver Star Road, Electoral Area “C” 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. 2662, 2014 be given First Reading; and further,

That Second Reading of Rezoning Bylaw No. 2662, 2014 be withheld until the applicant submits a revised hydrological and water supply study which takes into consideration the potential to service the full build out of the proposed lots and the impact it could have on the water supply in the area.

2. OCP/Rezoning Application Bylaw 2550 – Electoral Areas “B” and “C” OCP Amendment Bylaw 2551 - Rezoning COUGHLIN, J and S (File No. 12-0023-C-OR) − Staff report dated October 28, 2014 − Bylaw 2550 − Bylaw 2551

Electoral Area Advisory Committee Agenda – Regular - 3 - November 6, 2014

RECOMMENDATION 6 Page 42 That it be recommended to the Board of Directors, Rural Vernon Official Community Plan Amendment Bylaw No. 2550, 2012 and Rezoning Bylaw No. 2551, 2012 which propose to amend the land use designation and zoning of a 1.0 ha portion of the property legally described as Lot 2, Sec 20, Twp 5, ODYD, Plan KAP81991 and located at 7125 Tillicum Road, Electoral Area ‘C’ from Country Residential to Small Holdings not be forwarded to a Public Hearing.

3. Agricultural Land Commission Application SMITH, R and L (File No. 13-0326-D-ALR) − Staff report dated October 27, 2014

RECOMMENDATION 7 Page 63 That it be recommended to the Board of Directors, that the application of Reg and Lynne Smith under Sections 17(3) and 21(2) of the Agricultural Land Commission Act to include land in the Agricultural Land Reserve and to subdivide the property legally described as the SE 1/4 of Section 14, Township 41, ODYD, Except Plan 28906 and located at 1092 Creighton Valley Road, Electoral Area “D” not be authorized for submission to the Agricultural Land Commission.

4. Community Works Fund Project #097 − Staff report dated October 17, 2014

RECOMMENDATION 8 Page 80 That it be recommended to the Board of Directors, that the Swan Lake Water Quality Assessment be funded from the Community Works Fund (Area “B”) at a cost of up to $31,148.00 as per the proposal presented by Western Water Associates.

5. Community Works Fund Project #085 − Staff report dated October 17, 2014

RECOMMENDATION 9 Page 85 That it be recommended to the Board of Directors, that the Mara Community Hall Water System Upgrade be funded from the Community Works Fund (Area “F”) at a cost of up to $18,237.66.

6. Electoral Area “F” OCP Review - Public Participation Strategy − Staff report dated October 23, 2014

RECOMMENDATION 10 Page 93 That the Public Participation Strategy for the Electoral Area “F” Official Community Plan Review be received for information.

7. Bylaw 2647 - Soil Removal and Deposit − Staff report dated October 21, 2014

Electoral Area Advisory Committee Agenda – Regular - 4 - November 6, 2014

RECOMMENDATION 11 Page 97 That it be recommended to the Board of Directors, that Soil Removal and Deposit Bylaw No. 2647, 2014 be amended as outlined in the staff report dated October 21, 2014, and further;

That Soil Removal and Deposit Bylaw No. 2647, 2014 be given Second Reading, as amended, and referred to Public Hearing.

8. Bylaw 2661 - Mabel Lake Community Domestic Water Service Establishment Amendment − Staff report dated October 7, 2014

RECOMMENDATION 12 Page 121 That it be recommended to the Board of Directors, that Mabel Lake Community Domestic Water Service Establishment Amendment Bylaw No. 2661, 2014 be given First, Second and Third Readings; and further,

That it be recommended to the Board of Directors, that Mabel Lake Community Domestic Water Service Establishment Amendment Bylaw No. 2661, 2014 be Adopted.

9. Fire Service Minimum Training Standard − Staff report dated October 20, 2014

RECOMMENDATION 13 Page 126 That the Fire Service Minimum Training Standard report dated October 20, 2014 be received for information.

F. BUSINESS ARISING FROM DELEGATIONS

G. REPORTS

1. Advisory Planning Commission Meetings

RECOMMENDATION 14 Page 150 That the minutes of the following Advisory Planning Commission meetings be received for information: − Electoral Area “C” – Meeting of October 29, 2014 (to be distributed at meeting) − Electoral Area “F” – Meeting of October 20, 2014

2. Building Inspections Statistical Reports − Reports dated September 2014

Electoral Area Advisory Committee Agenda – Regular - 5 - November 6, 2014

RECOMMENDATION 15 Page 153 That the September 2014 Building Inspections Statistical Reports be received for information.

3. Planning and Building 3rd Quarter Report – Report dated October 22, 2014

RECOMMENDATION 16 Page 155 That the staff report dated October 22, 2014 from the General Manager, Planning and Building regarding the Planning and Building 3rd Quarter Report be received for information.

4. Sustainability Program Report - Staff report dated October 22, 2014

RECOMMENDATION 17 Page 164 That the Sustainability Report dated October 22, 2014 from the Sustainability Coordinator be received for information.

5. General Manager’s Report

H. ADJOURNMENT

Electoral Area Advisory Committee Agenda – Regular - 6 - November 6, 2014

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item B.1

REGIONAL DISTRICT OF NORTH OKANAGAN

MINUTES of a REGULAR meeting of the ELECTORAL AREA ADVISORY COMMITTEE of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Thursday, October 2, 2014.

Members: Director B. Fleming Electoral Area “B” Chair Director R. Fairbairn Electoral Area “D” Vice Chair Director M. Macnabb Electoral Area “C” Director E. Foisy Electoral Area “E” Director J. Pearase Electoral Area “F”

Staff: L. Mellott General Manager, Electoral Area Administration R. Smailes General Manager, Planning and Building A. Page Sustainability Coordinator J. deGroot Planning Assistant C. Mazzotta Information Services Manager C. Elley Clerk (taking minutes)

Also R. Morgan Regional Crime Prevention Coordinator, City of Vernon Present: J. Lockwood Conservation Officer Service Media and Public

CALL MEETING TO ORDER

The meeting was called to order at 2:00 p.m.

APPROVAL OF AGENDA

Regular Agenda – October 2, 2014

Moved and seconded by Directors Macnabb and Fairbairn That the Agenda of the October 2, 2014 Electoral Area Advisory Committee meeting be approved as amended with the following additions: – E.5 - Industry Canada (Spectrum Licenses) – E.6 - Forestry (Forest Service Plans) CARRIED

ADOPTION OF MINUTES

Electoral Area Advisory Committee – September 4, 2014

Moved and seconded by Directors Foisy and Fairbairn That the minutes of the September 4, 2014 Electoral Area Advisory Committee Meeting be adopted as circulated. CARRIED

Page 1 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item B.1 Electoral Area Advisory Committee Minutes – Regular - 2 - October 2, 2014

DELEGATIONS

Vernon / North Okanagan Safe Communities Unit

The Regional Crime Prevention Coordinator provided an update on activities he has undertaken over the past month.

Moved and seconded by Directors Macnabb and Pearase That the report dated September 22, 2014 from the Vernon / North Okanagan Detachment – Safe Communities Unit be received for information. CARRIED

Conservation Officer Service (LOCKWOOD, Josh)

Sgt. Josh Lockwood, Conservation Officer Service, provided a final report for the 2014 enhanced boat patrols program.

Rezoning Application - Silchenko, E (File No. 14-0240-E-RZ)

No one was present to speak to the application

Development Permit with Variances Application and Floodplain Exemption Request Rivers End Estates Ltd c/o Walter Flathen (File No. 14-0028-F-DP)

Randy Blair, Rivers End Shareholder, spoke in support of the application.

NEW BUSINESS

Rezoning Application-Silchenko, E (File No. 14-0240-E-RZ)

Moved and seconded by Directors Foisy and Pearase That it be recommended to the Board of Directors, that Rezoning Bylaw No. 2657, 2014 which proposes to rezone the property legally described as Lot 2, Sections 26 and 35, Twp 45, ODYD, Plan 24879 and located at 1377 Highway 6, Electoral Area “E” from the Non-Urban (N.U) zone to the Country Residential (C.R) zone be given First and Second Readings and referral to a Public Hearing. CARRIED

Development Permit with Variances Application and Floodplain Exemption Request Rivers End Estates Ltd c/o Walter Flathen (File No. 14-0028-F-DP)

Moved and seconded by Directors Pearase and Foisy That it be recommended to the Board of Directors, that upon consideration of input from adjacent landowners, a Development Permit with Variances be issued for the property legally described as Lot 2, Sec 22, Twp 20, R8, W6M, KDYD, Plan 1471 Except Plans 28790 and H809 and located at 8192 Highway 97A, Electoral Area “F” to vary the following sections of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003: 1. Section 505.3 by varying the maximum allowable height of cabins from the lesser of 8 metres (26.25 feet) or two storeys to the lesser of 9.75 metres (32.0 feet); 2. Section 505.10.c by varying the maximum allowable size of accessory buildings (sheds) from 7.432 m2 to 9.9 m2;

Page 2 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item B.1 Electoral Area Advisory Committee Minutes – Regular - 3 - October 2, 2014

3. Section 505.10.c by varying the maximum allowable size of the existing accessory building located at site LS42 from 7.432 m2 to 11.15 m2; 4. Section 505.10.c by varying the maximum allowable size of a deck or sunroom attached to a recreational vehicle from 50% of the Gross Floor Area of the recreational vehicle to 50.0 m2; 5. Section 505.10.c by varying the maximum allowable height of sunroom walls from three feet above the floor level to full wall height on the west side of the Park Model sunroom addition located at site LS16 only; and further,

That the Development Permit with Variances contain the following conditions: 1. The dimensions and siting of the cabin sites, campsites, buildings and parking areas on the land be in general accordance with the site plan attached as Schedule ‘A’ to the Planning Department Report dated September 15, 2014; 2. The form and character of cabins to be constructed on the land be in general accordance with the elevations attached as Schedule ‘B’ to the Planning Department Report dated September 15, 2014. This hereby amends the previous Development Permit No.02-0474-F- DP issued on February 12, 2003 by replacing Schedule A.1; 3. The landscaping on the land be in general accordance with the landscape plan attached as Schedule ‘C’ to the Planning Department Report dated September 15, 2014; 4. Accessory buildings (sheds) must be finished with materials to match the recreation vehicle located on the same site. This hereby amends the previous Development Permit No.02- 0474-F-DP issued on February 12, 2003; 5. Development of the subject property shall be in accordance with Modification Covenant CA3940183; 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 their conditions have been satisfied; and further,

That an exemption to Section 1701.3.b.i of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 be approved for the property legally described as Lot 2, Sec 22, Twp 20, R8, W6M, KDYD, Plan 1471 Except Plans 28790 and H809 and located at 8192 Highway 97A, Electoral Area “F” to permit the Shuswap River floodplain setback to be reduced from 30 m to 26.34 m for above grade cantilevered decks attached to seasonal cabins located on Sites RS1 to RS16 as shown on the site plan attached as Schedule ‘A’ to the Planning Department Report dated September 15, 2014. CARRIED

Community Works Fund #096

Moved and seconded by Directors Pearase and Macnabb That it be recommended to the Board of Directors, that the Mabel Lake Water Utility water quality testing be funded from the Electoral Area “F” allocation of the Community Works Fund at a cost of $12,000. CARRIED

Page 3 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item B.1 Electoral Area Advisory Committee Minutes – Regular - 4 - October 2, 2014

Highway Maintenance

Discussion took place regarding a letter dated September 9, 2014 from JPW Road & Bridge Inc. which requested input and feedback. The General Manager, Electoral Area Administration was requested to get clarification on work covered by the highway maintenance contract. Electoral Area Directors were requested to forward their concerns to the General Manager, Electoral Area Administration regarding roads in their area. It was suggested that JPW Road & Bridge be invited as a delegation to an upcoming Electoral Area Advisory Committee meeting.

Industry Canada (Spectrum Licenses)

The Committee reviewed a letter from ABC Communications requesting a letter of support for Industry Canada to not designate the Kelowna Tier-4 region as ‘urban’. The Information Services Manager provided an explanation regarding the impact of the proposed change. The General Manager, Electoral Area Administration was requested to work with the Information Services Manager to prepare a letter to Industry Canada.

Forestry (Forest Service Plans)

Discussion took place regarding the lack of communication between the forest industry and communities. It was suggested that Forestry be invited to attend an Electoral Area Advisory Committee meeting on an annual basis.

BUSINESS ARISING FROM DELEGATIONS

Conservation Officer Service (LOCKWOOD, Josh)

Moved and seconded by Directors Pearase and Macnabb That it be recommended to the Board of Directors that staff be directed to prepare a new contract with the Conservation Officer Service for an Enhanced Boat Patrol Program for the 2015 season at the same funding level as 2014 ($21,000). CARRIED

REPORTS

Advisory Planning Commission Meetings

Moved and seconded by Directors Pearase and Foisy That the minutes of the following Advisory Planning Commission meetings be received for information: − Electoral Area “E” – Meeting of September 22, 2014 − Electoral Area “F” – Meeting of September 29, 2014 CARRIED

Building Inspections Statistical Reports

Moved and seconded by Directors Fairbairn and Macnabb That the August 2014 Building Inspections Statistical Reports be received for information.

CARRIED

Page 4 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item B.1 Electoral Area Advisory Committee Minutes – Regular - 5 - October 2, 2014

General Manager’s Report

The General Manager, Electoral Area Administration provided an update on the following matters:

− Local Government Elections − UBCM Follow-up − Area “D” Internet Community Committee − Area “F” Community Associations Meeting

IN CAMERA

Moved and seconded by Directors Macnabb and Pearase That, pursuant to Section 92 of the Community Charter, the regular meeting of the Electoral Area Advisory Committee convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(k) of the Community Charter. CARRIED

The regular meeting of the Electoral Area Advisory Committee adjourned to meet In Camera at 3:46 p.m.

The regular meeting of the Electoral Area Advisory Committee reconvened at 4:22 p.m.

ADJOURNMENT

There being no further business, the meeting was adjourned at 4:22 p.m.

CERTIFIED CORRECT

Chair Deputy Corporate Officer Bob Fleming Paddy Juniper

Page 5 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item C.1

POLICING ACTIVITY REPORT Armstrong, Enderby, Falkland, Lumby, Spallumcheen, Splats'in, OKIB 3rd Quarter 2014 July - Sept

Vernon North Okanagan Detachment

Committed to preserve the peace, uphold the law and provide quality service in partnership with our communities

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Superintendent R. G. Burgess Officer in Charge Vernon/North Okanagan Detachment 3402 - 30th Street Vernon, B.C. Date: October 15th, 2014 V1T 5E5

Re: Vernon North Okanagan Detachment Policing Activity Report – 3rd Quarter 2014

All Crime Statistics are featured at the end of this report and reflect monthly totals for July through September, 2014 with comparisons to the previous year, 2013.

Vernon/North Okanagan Detachment (VNOD) had set out to maintain yearly target reductions of 5% of both Criminal Code and Property Crime offences in the 2014/15 Annual Performance Plan (APP). VNOD recorded a 1.0 % increase in criminal code this quarter moderating the year to date criminal code increase to 10.3%. The trend of increased property crime continued through the quarter showing a 22% increase, a significant reduction from the previous quarter. Property Crime year to date shows an increase of 31%. Significant resource draining serious crime incidents and high calls for service demands continued to tax our ability to consistently and proactively target our prolific offenders in this quarter but some success was achieved and arrests made late in the quarter which helped to slow the negative trend.

Traffic enforcement is showing an increase of 37% year to date over 2013 and is on pace to produce near record numbers that were set in 2012. Our Road Check initiative continued posting negative numbers for the second consecutive quarter recording only 23 compared with 39 in 2013. The ongoing fallout from the busy first quarter and the busy summer months continues to adversely impact our ability to participate in this type of labor intensive work.

Earlier this year the Vernon Integrated Case Assessment Team (ICAT), a partnership of community agencies that come together to review highest risk domestic violence cases for the primary purpose of ensuring victim safety, was nominated for a Premier's Award within the North/Interior Region. These awards recognize excellence by BC public service employees/teams for their positive contributions to clients and the public at large. ICAT was selected as a finalist in this process and at a webcast held in September was announced as the Regional winner. While this award recognizes ICAT specifically it also reflects on the great work by our Detachment members and staff with respect to domestic violence cases, including the hard work by our front line members and supervisors in conducting quality investigations and risk assessments, as well as the dedication of our Victim Assistance staff and volunteers.

This report reflects a representative sampling of our policing activities for the 3rd Quarter of 2014.

RURAL GENERAL INVESTIGATION SECTION (GIS):

• Sex Assault: In July 2014 Provincial/Rural GIS assisted Armstrong Detachment with several tasks arising from a sex assault that had occurred in previous weeks. Provincial GIS members conducted surveillance and assisted with the arrest of a male for sexual assault and other related charges. Subsequent to the arrest GIS members conducted the interview of the male suspect and obtained 3 separate search warrants in relation to this investigation. The male remains in custody pending trial.

• Update on Trinity Valley Road Shooting: June 30th - This incident was determined to be drug related and resulted in the suspect male being charged with several offences. The male pled 2

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guilty and has been sentenced. A second suspect, the male’s father, has been charged with tampering with evidence (obstruction) and his trial is pending.

• The Provincial GIS section has had a busy summer assisting both Vernon GIS and Targeted Policing units with a number of their investigations. These investigations included drugs, property crime and child pornography related offences. Provincial GIS also has additional drug and criminal code investigations that are moving forward.

Targeted Policing:

• Provincial Tactical Enforcement Priority (PTEP): Targeted Policing continues to participate in this policing priority of identifying, profiling, selecting and targeting individuals and/or groups that are involved in criminal activity which, due of their association to gangs/organized crime, pose a safety risk to the community.

Domestic Violence Unit:

• There were 5 new ICAT referrals this quarter and 3 ongoing ICATs.

• On July 23rd, 2014 ICAT assessed a file where the victim was reporting criminal harassment / threats she had received from an ex-boyfriend who has mental health and substance abuse issues. The accused has an extensive police history and was also charged in Salmon Arm for a serious domestic violence assault in his previous relationship. ICAT assessed the matter as high risk and are monitoring the situation.

• On Sept 5th/14 a referral was made to ICAT which was assessed as high risk. The offender has significant mental health issues, is currently on probation from Alberta relating to the same victim and has repeatedly breached his conditions. The offender and victim were located in a local hotel where he was arrested for assault, sexual assault, forcible confinement, fail to comply times 3 and cruelty to animals. The offender is also facing charges in Alberta and remains in custody here for court.

• On Sept 13th, 2014 a referral was made to ICAT which was assessed as high risk. The victim reported abuse by the partner over a period of a year to police. There had been assaults, criminal harassment and stalking/jealousy behaviors. The accused suffers medical as well as mental health issues. The accused has choked and assaulted previous girlfriends and also killed the family hamster by choking it and throwing it against a wall. Police are seeking a warrant for his arrest.

• Currently there are over 15 domestic violence files that are actively involved in the court process. This does not include files that have a court outcome and are involved with Probation or Parole.

SIGNIFICANT INVESTIGATIONS/INCIDENTS:

• File 2014-12975: On June 28th, 2014 at 6:00 p.m. a youth riding a tube pulled by a boat operated by an adult female fell off the tube and as the driver negotiated a turn the boat ran over the youth critically injuring him. The youth was airlifted to Kelowna hospital where he died from his injuries. The file was assigned to Vernon Serious Crimes Unit to determine if any criminal responsibility existed. Alcohol was not a factor and the matter is under investigation.

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• File 14-13120: On June 30th, 2014 at 3:37 a.m. the North Okanagan RCMP responded to a report of males arguing and a gun shot was heard in the area of Trinity Valley Road and Miska Road, Enderby. A second complaint was received shortly after of a male knocking at the door of a residence on Trinity Valley Road. RCMP officers located a male victim who had run to a residence and knocked on the door asking for help. The victim stated he had been shot at after he got into a confrontation with a male he had been hanging out with during the night. The argument appears to have been drug related. The victim was not injured and the suspect was arrested outside his residence. A search warrant was issued and the RCMP conducted a search of the suspect’s residence, however the firearm used in this incident was not located. Police believe somebody entered the residence while police were applying for the search warrant and removed the rifle. A second investigation began and the suspect’s father was arrested for obstruction for removing the firearm. The suspect and his father have both been charged and are awaiting trial.

• File 2014-10161: After a lengthy 2 month investigation the North Okanagan RCMP arrested and charged a male for sexual assault, unlawful confinement, choking to overcome resistance and uttering threats stemming from an incident that occurred on May 27th, 2014 in Armstrong, BC. The suspect has a history of sexual assault and was not known to the victim. The male remains in custody awaiting trial. There is a publication ban on the investigation.

• File 2014-15768: On July 28th, 2014 at 6:45 p.m. Vernon North Okanagan Detachment received a report of a small plane down in the area of six Mile Creek Rd. off the west side of Okanagan Lake. Vernon Search and Rescue were activated to assist the police, Okanagan Indian Band Fire Department and ambulance personal. All attended the area to search for the aircraft and passengers. Several residents who live nearby and heard the plane go down assisted as well. Shortly after 8:00 p.m. Vernon/North Okanagan RCMP received information that the aircraft had been located and the pilot and lone occupant walked away from the crash. The pilot was taken to the hospital by ambulance for his injuries. Police continue to assist in this investigation.

• File 2014-11674: On July 30th, 2014, the RCMP underwater rescue team, assisted by Search and Rescue and KBM towing, recovered a small black pickup truck from the Shuswap River as a result of a collision that occurred on June 14th, 2014. The driver died as a result of the collision and his body was recovered with his truck. The file is being investigated by the coroner.

• File 2013-25328: On August 27th, 2014, Logan Scott was arrested for manslaughter in relation to the death of 27 year old Jillian McKinty on November 27th, 2013 at her residence in Armstrong, BC. The investigation continues with the Southeast District Major Crime Unit.

• File 2014-19083: On August 31st, 2014 at 11:10 p.m. two females were operating an ATV on Belvedere St, Enderby when they failed to stop at the intersection of Cliff Ave and crashed the ATV into the front of the Okanagan Regional Library. Two RCMP members were in the area at the time of the collision and responded immediately. The two females were located on the street with serious injuries and were transported to the hospital. One female suffered a serious spinal cord injury and the other female received nonlife threatening facial injury. Alcohol and speed are believed to be a contributing factor. The RCMP continues to investigate.

• Files (2100) 2014-4011, 2014-4012: On September 6th, North Okanagan Traffic Services stopped two motorcycles on Hwy 97 near Falkland for excessive speeding. One was doing 160 KMH in the 90 zone and the second one was at one point doing in excess of 170 KMH. Both bikes were seized for 7 days and issued excessive speeding fines.

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• File 2014-2046: On September 18th, 2014, the North Okanagan RCMP received a report that a 2003 Ford F350 had been stolen from Chase Falkland Rd, Falkland. An RCMP member responded to the complaint and soon discovered a rash of stolen Ford trucks. While on scene at the initial stolen truck complaint another stolen Ford F350 was located left in its place. The member spoke to the registered owner of the second stolen Ford F350 who had no idea his truck had been stolen. While at the residence a third stolen Ford F250 was discovered as well as a Ford F250 that had been broken into. Investigation continues.

TRAFFIC ENFORCEMENT:

• 14 Road blocks, • 600 vehicles checked, • Numerous warnings issued, • 2 violation tickets issued, • 2 IRP 3 day roadside suspensions issued, • 1 IRP 90 day roadside suspensions issued, • 1 24 hour prohibition issued.

600

500

400

2011 300 2012 2013 200 2014 100

0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Detachment Violation Tickets//Warnings Armstrong 17 Spallumcheen 125 Enderby 29 Falkland 12 Lumby 101 Westside 13

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FORENSIC IDENTIFICATION SERVICE (FIS):

• In the last 3 months Vernon FIS have averaged approximately 35 - 40 files a month. Call loads have been consistently high and all 3 members are in full rotation.

• Vernon FIS has seen a significant increase for calls overall. We are up 36% for the same period last year and remarkably, our Criminal Identifications were up 127% over the same period last year. We also had multiple Identifications to several Prolific Offenders which led to arrests.

3rd Quarter Results:

• FIS received 33 calls for service in this quarter.

Break and Enter 15

Theft Vehicle 9

Drugs 0

Theft 3

Mischief 0

Armed Robbery 0

Assault 1

Homicide/Attempt 1 Recovered Stolen Vehicle/ Misc Vehicle 1/3

• During this quarter a total of 20 individuals were identified on 19 files through fingerprints or other types of physical evidence, this represents almost double the average.

RESERVISTS:

• This past quarter our reservists have continued to provide dedicated traffic enforcement within the City and Coldstream jurisdictions as well as the Provincial jurisdiction, as funding permitted.

• Two of our Reservists were again involved in boating safety and enforcement activities within the North Okanagan this past summer, primarily funded by way of the South East District Boating initiative. Termination of the Regional District Boating initiative has resulted in the elimination of these dedicated patrols by our officers on the North Okanagan lakes under that program.

• All three of our active reservists have been and continue to be available to assist our regular detachment personnel in community event policing and support activities such as scene security during more serious or complex investigations.

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Reservists Traffic Enforcement July – Sept 2014

Detachment Patrols V.T. Warnings Other Armstrong 0 10 6 0 Enderby 0 0 0 0 Falkland 1 5 0 0 Lumby 0 0 0 0 Spallumcheen** 0 0 0 0 Vernon Rural 0 0 0 0 Westside Road 2 16 0 0 Total 5 31 6 0

POLICE DOG SERVICES (PDS):

• Police Dog Services has been reviewed at the Division level and as a result an initiative commenced in September which has identified designated on call of Police Dog Service teams during the peak hours, 7 days a week within the North Okanagan Corridor (Vernon/North Okanagan, Kelowna & Penticton Detachment areas). This was established in an attempt to align units for maximized shift coverage and reduce on call requirements. This initiative identifies one of the Vernon/North Okanagan Police Dog Service members to be on call for 2 weeks out of 3, covering from the Kelowna bridge north during off duty hours.

AUXILIARY MEMBERS:

• This quarter the eleven active auxiliaries have contributed 240 hours to the local Communities in the North Okanagan. One specific auxiliary member logged an additional 264 hours participating in the Cops for Kids bike ride in September, for a combined total of 504 hours.

• Our auxiliaries played an integral part of Funstastic and Canada Day celebrations in the Park. They have also been out for community events including the IPE, Run for the Cure and the Terry Fox (school runs) in Armstrong and Enderby.

• On Sept 21st the RCMP held a team building event for the auxiliaries and their spouses which included an afternoon of golf at Hillview. The event was designed to help build a renewed enthusiasm for the program and was very much appreciated by all that attended.

• We are currently are in the process of recruiting and screening 18 new auxiliary candidates for our program. Ten are from Vernon, two from Coldstream and six from the Armstrong Enderby area.

• Most of the current active members are now up to date on their mandatories that are required. More training is in place for this fall.

COMMUNITY ACHIEVEMENTS:

• Several of our members participated in red serge at the City of Vernon Canada Day Celebrations in Polson Park which are a hit every year.

• This summer many of our regular and auxiliary members experienced the great opportunity of participating in the Okanagan Military Tattoo.

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• Anonymous Santa Toy Ride was attended and escorted by RCMP motorcycle.

• Presentation to the Vernon Downtown Business Association regarding arsons and how business can better protect themselves.

• Presentation to the Vernon Rotary club regarding arsons and how to mitigate the risks of being a target.

• Each year our members in red serge enjoy the opportunity to participate in the annual Kiwanis/Silver Star Rotary Club’s Father & Daughter Ball and this year was no exception. Our members look forward to next year’s event.

HUMAN RESOURCES:

• Vernon/North Okanagan Detachment has seen some slowing trend of transfers, with a few older moves having been completed this past quarter. There continues to be some impact on capacity as a result of administrative issues, such as medical absence and restricted duty. To offset this we have strived for and been successful in maintaining surplus resources which has assisted in maintaining minimum resource levels.

• At present we are awaiting the departure on transfer of two members, the retirement of one member, the resignation of one member and the arrival of 3 incoming members. We are also awaiting the process of identifying of a new Sgt. for one of the city watches, a process which unfortunately may take several months to finalize.

8

Page 13 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item C.1

3rd Quarter Statistics – City of Armstrong ACTIVITY TYPE July 2013 July 2014 August August September September 2013 2014 2013 2014 Total Files 107 90 108 121 103 71 Robbery Assault 1 2 3 1 Domestic Assault N/A 1 N/A N/A 1 Sex Offence 1 1 2 1 B&E Residence 1 2 B&E Commercial Theft of Vehicle 2 2 3 2 2 Theft From Vehicle 4 1 6 5 3 4 Theft Over $5000 Theft Under $5000 1 1 4 8 6 2 Drug Offence 1 4 3 4 1 Liquor Offences 6 1 2 6 1 2 Impaired Driving 4 3 2 2 24 Hour Driving Suspension 3 2 1 Motor Vehicle Accidents 1 1 3 3

3rd Quarter Statistics – Spallumcheen ACTIVITY TYPE July 2013 July 2014 August August September September 2013 2014 2013 2014 Total Files 110 101 107 110 88 81 Robbery 1 Assault 1 2 4 2 Domestic Assault N/A 1 N/A N/A Sex Offence 1 B&E Residence 1 2 B&E Commercial 2 Theft of Vehicle 1 1 2 Theft From Vehicle 1 1 Theft Over $5000 2 Theft Under $5000 1 4 Drug Offence 2 1 1 2 Liquor Offences 1 2 1 1 Impaired Driving 4 3 2 1 24 Hour Driving Suspension 4 1 2 2 3 Motor Vehicle Accidents 10 6 9 12 8 3

9

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3rd Quarter Statistics – City of Enderby ACTIVITY TYPE July 2013 July 2014 August August September September 2013 2014 2013 2014 Total Files 100 108 107 121 91 92 Robbery 1 Assault 3 5 3 2 1 2 Domestic Assault N/A N/A 1 N/A 1 Sex Offence B&E Residence 3 2 1 1 B&E Commercial 1 1 1 1 Theft of Vehicle 1 2 Theft From Vehicle 2 1 6 2 Theft Over $5000 1 1 1 1 Theft Under $5000 1 2 5 3 4 1 Drug Offence 2 3 1 2 1 Liquor Offences 9 4 2 6 2 6 Impaired Driving 1 2 2 1 24 Hour Driving Suspension 2 2 1 Motor Vehicle Accidents 3 1 1 4 5 3

3rd Quarter Statistics – Enderby Rural ACTIVITY TYPE July 2013 July 2014 August August September September 2013 2014 2013 2014 Total Files 92 91 86 107 73 62 Robbery Assault 3 2 4 3 1 Domestic Assault N/A N/A 2 N/A 1 Sex Offence 1 1 B&E Residence 4 2 1 B&E Commercial Theft of Vehicle 2 1 Theft From Vehicle 1 1 1 Theft Over $5000 1 Theft Under $5000 4 5 5 1 3 3 Drug Offence 1 1 3 2 1 Liquor Offences 1 1 4 1 Impaired Driving 1 1 2 4 2 24 Hour Driving Suspension 1 Motor Vehicle Accidents 6 8 7 12 4 3

10

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3rd Quarter Statistics – Village of Falkland ACTIVITY TYPE July 2013 July 2014 August August September September 2013 2014 2013 2014 Total Files 28 17 26 14 18 20 Robbery Assault 1 Domestic Assault N/A N/A N/A Sex Offence B&E Residence 1 B&E Commercial Theft of Vehicle 1 2 Theft From Vehicle 1 2 1 Theft Over $5000 Theft Under $5000 Drug Offence Liquor Offences Impaired Driving 1 24 Hour Driving Suspension Motor Vehicle Accidents 2 1 1

3rd Quarter Statistics – Falkland Rural ACTIVITY TYPE July 2013 July 2014 August August September September 2013 2014 2013 2014 Total Files 53 58 53 50 47 47 Robbery 1 Assault 1 2 1 Domestic Assault N/A 1 N/A N/A Sex Offence B&E Residence 1 1 B&E Commercial 4 Theft of Vehicle 1 1 1 Theft From Vehicle 2 3 Theft Over $5000 Theft Under $5000 1 1 1 2 Drug Offence 2 Liquor Offences 1 Impaired Driving 1 2 24 Hour Driving Suspension 1 1 Motor Vehicle Accidents 9 6 4 5 2 2

11

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3rd Quarter Statistics – Village of Lumby ACTIVITY TYPE July 2013 July 2014 August August September September 2013 2014 2013 2014 Total Files 37 62 42 50 45 52 Robbery Assault 3 3 1 3 2 Domestic Assault N/A 1 N/A N/A 1 Sex Offence 1 B&E Residence 2 1 1 B&E Commercial 2 Theft of Vehicle 1 1 1 1 Theft From Vehicle 1 1 1 Theft Over $5000 Theft Under $5000 1 5 2 1 4 Drug Offence 2 1 Liquor Offences 1 3 1 2 Impaired Driving 1 1 1 24 Hour Driving Suspension 1 1 1 Motor Vehicle Accidents 1 1 1 1 1

3rd Quarter Statistics – Lumby Rural ACTIVITY TYPE July 2013 July 2014 August August September September 2013 2014 2013 2014 Total Files 74 64 71 57 45 49 Robbery Assault 2 1 2 Domestic Assault N/A N/A 1 N/A Sex Offence B&E Residence 1 1 1 B&E Commercial Theft of Vehicle 2 Theft From Vehicle 1 1 Theft Over $5000 Theft Under $5000 1 Drug Offence 2 1 1 Liquor Offences 1 Impaired Driving 1 1 1 24 Hour Driving Suspension 1 Motor Vehicle Accidents 8 6 9 9 4 2

12

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3rd Quarter Statistics – OKIB ACTIVITY TYPE July 2013 July 2014 August August September September 2013 2014 2013 2014 Total Files 65 47 54 54 55 35 Robbery Assault 6 1 2 1 2 2 Domestic Assault N/A 1 N/A N/A Sex Offence 1 B&E Residence 1 2 1 1 B&E Commercial 2 Theft of Vehicle 4 1 1 Theft From Vehicle 3 1 1 Theft Over $5000 Theft Under $5000 2 1 2 1 Drug Offence 1 1 Liquor Offences 1 1 1 Impaired Driving 1 1 1 24 Hour Driving Suspension 2 5 Motor Vehicle Accidents 3 3 4 1 4

3rd Quarter Statistics – Splatsin ACTIVITY TYPE July 2013 July 2014 August August September September 2013 2014 2013 2014 Total Files 37 35 43 29 29 21 Robbery Assault 4 1 4 2 Domestic Assault N/A 1 N/A 2 N/A Sex Offence B&E Residence 1 B&E Commercial 1 Theft of Vehicle 1 Theft From Vehicle 1 1 Theft Over $5000 Theft Under $5000 1 1 1 2 Drug Offence 1 2 Liquor Offences 2 2 4 3 1 2 Impaired Driving 2 1 1 24 Hour Driving Suspension 1 1 1 Motor Vehicle Accidents 1 2 1 3 1 1

13

Page 18 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item C.1

NORTH OKANAGAN RCMP VICTIMS ASSISTANCE 3rd QUARTER ACTIVITY REPORT July 1st to September 30th 2014

CASELOAD: • Number of new files: 138 • Client type: Female: 93 Male: 45 • Adult: 120 Child: 2 Youth: 10 Senior: 6 • Number of new clients from family violence: 31 • Current average monthly active caseload: 330 • Number of hours out on call: 50 hours • Number of volunteer in-office service hours: 433 hours • Number of volunteer stand-by on-call hours: 2993 hours • Number of volunteers: 12 • Number of staff: 3 Full time: 2 Part time: 2 Casual: 1

HIGHEST NUMBER OF INCIDENT TYPES: • Domestic violence • Sudden death • Assault

AREA OF COVERAGE: • Vernon • Coldstream • Armstrong • Spallumcheen • Enderby • Lumby • Cherryville • Falkland

CLIENT CONTACT/SUPPORT: • Daily in office client support • Court support. • After hour call-outs

Page 19 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item C.1

NORTH OKANAGAN RCMP VICTIMS ASSISTANCE 3rd QUARTER ACTIVITY REPORT July 1st to September 30th 2014

VOLUNTEER TRAINING/PROGRAM DEVELOPMENT: • Program monthly training for volunteers & staff • Volunteer one on one meetings • Volunteer training on Emergency Social Services (ESS) Reception Centre preparedness

STAFF TRAINING & MEETINGS: • Weekly staff meetings/daily program file reviews • Program Manager attended Police Victims Services Critical Incident Stress Management training in Delta BC July 8th and 9th • Assistant Manager and Program Manager attended 3 day RCMP “E” Division Domestic Violence Forum Sept 23-25, in Richmond BC • Assistant Manager and Program Manager attended RCMP “E” Division Crime Prevention Services workshop on ‘Raising Awareness About Youth Suicide’ September 30th in Kelowna BC

COMMUNITY MEETINGS: • Integrated Case Assessment Team (ICAT) meetings • Violence Against Women in Relationships (VAWIR) committee meetings • Suicide Prevention committee meetings • Homicide/Suicide Bereavement groups planning meetings • Program Manager provided presentation on Victims Assistance Program to Crisis Line volunteers • Program Manager meeting with Emergency Social Services (ESS) Director Helen Sinclair

OPERATIONAL MEETINGS: • Detachment liaison meetings • Detachment Unit/Section Heads meetings • RDNO employee/liaison/staff meetings • Program Manager and RDNO Administrator meetings • Health and Safety meetings • Quarterly Police Victim Services Region board meetings

I am including a Morning Star article written by a staff writer regarding our local ICAT team. The Regional awards recognize projects that impact a specific region. The categories that are awarded at both the Regional and Provincial levels are Innovation, Leadership, Organizational Excellence, and Partnership.

Community

North Okanagan effort earns honor A18 Friday, September 12, 2014 – The Morning Star By Staff Writer - Vernon Morning Star

Posted Sep 12, 2014 at 1:00 AM

Page 20 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item C.1

NORTH OKANAGAN RCMP VICTIMS ASSISTANCE 3rd QUARTER ACTIVITY REPORT July 1st to September 30th 2014

Agencies involved in a North Okanagan collaboration have been recognized with a Premier’s Award.

More than 280 employees and teams from B.C.’s Interior and north regions were recognized for developing new, more efficient ways of providing services to B.C. communities.

The collaborative effort of several North Okanagan agencies resulted in a streamlined approach to the highest risk domestic violence cases, which increases the safety and security of B.C. families.

The North Okanagan Integrated Case Assessment Team (ICAT) is a collaboration between the Ministry of Social Development and Social Innovation, the Ministry of Children and Family Development, members of the Vernon/North Okanagan RCMP, the Vernon Women’s Transition House Society, Vernon Correction Services Canada, Community Corrections, the Interior Health Authority’s Mental Health and Addictions branch and the local RCMP Victim Services.

Each agency involved in the program plays a unique role by sharing information, identifying safety risks to the family and taking proactive measures to help keep B.C. families safe.

ICAT created a best-practice, victim-centred approach to domestic violence cases where the victim is fully supported by several agencies without having to navigate each agency separately.

“Public servants across the Interior and north put their hearts into making B.C. an even better place to live, work, and raise a family,” said Premier Christy Clark in announcing the recipients.

“Each recipient of this award has found a creative way to deliver the important services British Columbians depend on.”

This year’s regional recipients were selected by a group of independent adjudicators and announced via a streaming online video presentation.

Completed by: Anita EILANDER Program Manager

Page 21 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item C.2

City of Vernon Protective Services Safe Communities Unit Regional Crime Prevention Programs Coordinator

Report to the Regional District North Okanagan Board of Directors

Date: October 28th 2014

Summary

• Coordinator attended 3 day BCCPA Conference at Burnaby, Vancouver. • Seniors Crime Prevention talk at Pioneer Square Seniors complex Armstrong. • Coordinator attended Grace Bible Church BX for Seniors Crime Prevention talk. • Attended Ministry of Highways/Transportation offices in Vernon met with Travis Tormala, Approvals Technician regarding Block Watch signs / permits. • Coordinator met with ICBC area representative Christine Silver in Vernon, regarding Speed Watch / Lock out auto crime / Bike Safety Rodeo programs • Coordinator attended Wellness Centre Lumby gave Seniors talk/advice • Attended JPW offices Armstrong and met with QA manager/ BW Signs. • Coordinator liaising with a possible 3 new Block Watch Captains for programs. • ICBC Speed reader board being used daily in the RDNO 5 Electoral areas • Coordinator gets daily crime updates from the RCMP occurrence logs. • Coordinator reads and responds to RCMP emails on GroupWise system. • Coordinator working on PowerPoint presentations in the SCU office. • Coordinator submits 3 monthly, 200 plus words, Crime/Safety articles to newsletters in the RDNO electoral areas • Coordinator continues to perform ICBC Lockout Auto crime in the RDNO areas. • Continuing to promote the RCMP Block Watch program in the 5 Electoral Areas which gives Coordinator communication with 462 households. • Regular emails sent and contact with Block Watch Captains and program members with crime alerts, updates and Crime/Safety tips. • Coordinator continues to visit Electoral Areas on daily visits and talks to resident’s community groups and businesses regarding safety / crime concerns. • Coordinator has worked 15 days in October. • Coordinator has taken 2 EDO in October. • Coordinator has taken 1 Statuary day off, Thanksgiving Day October. • Coordinator has taken 2 Vacation days off in October.

Page 22 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item C.2

RDNO Area B (BX/Swan Lake) – Area C (BX Silver Star)

• Attended Grace Bible Church Seniors dinner and spoke regarding Crime Prevention topics, Home Security, Personal Safety and Fraud Cons & Scams 60 members in attendance. • Coordinator met with the 2 Captains of the new Block Watch programs in, Pleasant Valley Road and Kalamalka Lakeview Drive. • Attended Hillview Elementary School met with Vice Principle to discuss future programs and supplied all 330 students with ICBC Pedestrian Safety jacket/backpack reflectors. • Attended BX School, met with Principle to discuss programs and supplied all 430 students with ICBC Pedestrian Safety jacket/backpack reflectors. • Visited businesses and gave Robbery Prevention / Credit card Fraud advice. • Visited BX hiking recreational car parks regarding ICBC Lockout Auto crime. • Attended BX Dog Park, spoke to motorists regarding ICBC Lockout Auto crime. • Attended Keddlestone Road/ Wilson Jackson/Deer Park area and visited numerous properties to increase the Block Watch membership in the area • Speed Watch program on 3 occasions on Pottery Rd, Hillview school zone. • Speed Watch program on 2 occasions on East Vernon Rd in October. • Speed Watch program on 2 occasions on BX / Silver Star Rd in school zone • Speed Watch program on 2 occasions in October on Pleasant Valley Rd. • Maintaining regular contact with the 12 Block Watch programs in the area, which gives Coordinator access to over 228 households / family members by the e-mail system and Block Watch Captains set up. • Coordinator visits area 1 day a week, split into 2 morning/afternoon periods.

RDNO Area D (Lumby Rural) – RDNO Area E (Cherryville)

• Coordinator attended and spoke regarding Crime Prevention / Community Safety advice to seniors at the Seniors Drop in and Wellness Centre in Lumby, • Attended and spoke on agenda at Cherryville Elementary school PAC meeting. • Attended and spoke at the Cherryville Community meeting at Community hall • Met with Principle of Cherryville Elementary school to discuss future programs and supplied all 80 students with ICBC Pedestrian Safety jacket/backpack reflectors. • Coordinator attended Cherryville local businesses and advised on Robbery Prevention / Credit card Fraud program to staff. • ICBC Speed Watch program 2 occasions on the Mabel Lake Road, Lumby in school zone near JW Inglis elementary school. • Speed Watch program performed 2 occasion in October on Highway 6 Westbound, near to Frank’s store in Cherryville. • Speed Watch program performed once at North Fork Rd Cherryville school zone. • Submitted Crime Prevention article for Cherryvillan monthly newsletter. • Maintaining regular contact with the 1 Block Watch program in area, Whitevale Road, Lumby which gives Coordinator access to 25 households / family members

Page 23 of 167 • ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA Coordinator visits area 1 day a week, split into 2 morning/afternoonNovember periods. 6, 2014 -Item C.2

RDNO Area F (Enderby Rural)

• Attended at Grindrod Elementary school, met with Principle to discuss programs and supplied all 80 students ICBC Pedestrian Safety jacket/backpack reflectors. • Attended Shuswap River Watershed Sustainability meeting in Enderby.. • Attended Enderby & District Community meeting at A.L.Fortune school Enderby. • Conducted Block Watch presentation at home of Block Watch Captain to new Block Watch at Twin Lakes Rd, Terry Rd Gunther Ellison Rd, Rural Enderby. • Attended Grindrod Store and advised regarding Crime Prevention topics • Attended Block Watch Captain in Grindrod to get updates regarding area issues. • Met with Grindrod Recreation members about possible drug activities in Grindrod Park and possible solutions regarding vehicle activities. • Coordinator met with members in Grindrod / Mara and debriefed summer River Watch program. • Coordinator visited local businesses in Area F regarding Crime Prevention topics. • Coordinator attended Mabel Lake Resort and Rivermouth Marina regarding parking issues and ICBC Lockout auto crime and spoke with motorists/boat users. • Speed Watch performed on 2 occasions on Mabel Lake Rd Ashton Creek Enderby • Speed Watch program performed on 2 occasions in Grindrod during October, monitoring traffic over bridge and through area, 50k zone. • Attended Deep Creek / Mallory Rd / Gardom Lake, Rural Enderby Block Watch program and toured area with the Captain regarding increasing membership. • Visited Block Watch Captain in Grandview Bench regarding increasing membership in the surrounding area and any community concerns. • Met with Block Watch Captain in Mara to discuss any community concerns. • Maintaining regular contact with the 7 Block Watch programs in area which gives the Coordinator access to over 209 households / family members by the email system and the Block Watch Captain set up. • Coordinator visits area 1 day a week, split into 2 morning/afternoon periods.

I submit my Coordinators October monthly report, my October Speed Watch monthly report for your information and consideration,

Kind regards,

Roy Morgan.

Regional District of North Okanagan. Crime Prevention & Community Safety Coordinator. City of Vernon Protective Services

Page 24 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item C.2

City of Vernon Protective Services Safe Communities Unit Regional Crime Prevention Programs Coordinator

Block Watch programs in the RDNO 5 Electoral Areas

Area B

Herry Road – 10 properties Sandford Road / Holbrook Road – 15 properties Kalamalka Lakeview Drive – 25 properties Pleasant Valley Road – 8 properties Cunningham Rd / Spalding Rd / McDonald / Norquay Rd – 23 properties

Area C Hartnell Road / Day Road / Neil Road / Lynx Road – 20 properties Upper Hartnell Road – 20 properties East Vernon Road / Pottery Road / Mountview Road – 34 properties Upper Keddlestone Road – 18 properties Lower Keddlestone Road – 25 properties Wilson Jackson Road – 20 properties Dixon Dam Rd – 10 properties

Area D Whitevale Road – 25 properties

Area E None

Area F Grandview Bench – 29 properties Grindrod – 20 properties Mara – 64 properties Watershed Road / Rosaman Road – 16 properties Deep Creek Road – 27 properties Twin Lakes Road – 45 properties Anderson Road – 8 properties

Through the Block Captain lists I have direct contact to the 462 properties through phone and email system.

Page 25 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item C.2

SPEED WATCH MONTHLY REPORT for October 2014

RDNO Speed Watch PROGRAM COORDINATOR: Roy Morgan PHONE: 250-550-7845 FAX: 250-260-5866 E-MAIL: [email protected]

Locations # of Speed Total Over 10 # of # of (Intersection/ Corridor/ Watch Vehicles km/h deployments tickets Highway) Deployments Checked with police issued presence (2 or 3 strikes) Pleasant Valley Road 2 143 0 Vernon Christian school B Pottery Road, 3 226 0 Hillview school B Silver Star Rd, BX school C 2 618 0 East Vernon Road C 2 58 0 Mabel Lake Road, near JW 2 163 0 Inglis Elementary. Lumby D Cherryville North Fork Road, 1 10 0 near Elementary school. E Highway 6E, near Franks 2 122 0 store, Cherryville E Highway 97N, Mara, near 0 0 0 Putula Recreation park. F Mabel Lake Road, near Ashton 2 72 0 Creek store, Rural Enderby F Grindrod, Highway 97S F 2 92 0 Mabel Lake Road, Kingfisher F 0 0 0 Grindrod 4th School zone F 0 0 0

18 1504 0 TOTALS

18 0 Total visibility hours # of Warning Letters issued

1.0 0 Total admin hours # of Active Volunteers

19 0 TOTAL HOURS # of Seat Belt Surveys

Comments: Locations chosen close to school zones and communities concerns regarding speed.

Page 26 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item C.2

City of Vernon Protective Services Safe Communities Unit Regional Crime Prevention Programs Coordinator

Okanagan and Similkameen Invasive Species Report for Summer 2014

This report is produced as a request from Directors at the EAAC meeting on Thursday 2nd October 2014.

I met with Lisa Scott, Coordinator of OASISS, Okanagan and Similkameen Invasive Species Society during a presentation at Ellison Provincial Park on July 24th 2014.

During the remainder of the summer months July / August / September I attended Boat Launch areas and during my time there I distributed leaflets and spoke with boat users and park users as listed below regarding this program.

Kalamalka Lake Kekuli Bay Provincial Park Boat Launch Area B

7 visits, 33 leaflets handed out

Mabel Lake Provincial Park Boat Launch Rural Lumby Area D

4 visits, 15 leaflets handed out

Sugar Lake Provincial Park Cherryville Area E

2 visits, 15 leaflets handed out

Mabel Lake Rivermouth Marina Kingfisher Boat Launch Rural Enderby Area F

6 visits, 15 leaflets handed out

Mabel Lake Resort Kingfisher Boat Launch Rural Enderby Area F

4 visits, 22 leaflets handed out

Mara Lake Provincial Park Boat Launch Rural Enderby Area F

6 visits, 18 leaflets handed out

Page 27 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

REGIONAL DISTRICT PLANNING DEPARTMENT of NORTH OKANAGAN INFORMATION REPORT

REZONING APPLICATION

DATE: October 21, 2014

FILE NO.: 14-0317-C-RZ

APPLICANT: Tim & Cheryl Boulter

LEGAL DESCRIPTION: The West 1/2 of the South 1/2 of the South 1/2 of Sec 29, Twp 5, ODYD; AND the West 1/2 of the North 1/2 of the North 1/2 of Sec 20, Twp 5, ODYD

P.I.D.# 013-571-168 / 013-571-028

CIVIC ADDRESS: 7961 Silver Star Road

PROPERTY SIZE: 32.38 ha / 32.37 ha

SERVICING: Individual On-site septic sewage disposal systems and drilled wells

PRESENT ZONING: Non-Urban (N.U)

PROPOSED ZONING: Country Residential (C.R)/ Non-Urban (N.U)

O.C.P. DESIGNATION: Country Residential

PROPOSED USE: 15 Lot Rural Residential Subdivision

PLANNING DEPARTMENT RECOMMENDATION:

That Rezoning Bylaw No. 2662, 2014 which proposes to rezone a 28 ha portion of the properties legally described as The W1/2 of the S1/2 of the S1/2 of Sec 29, Twp 5, ODYD; AND the W1/2 of the N1/2 of the N1/2 of Sec 20, Twp 5, ODYD and located at 7961 Silver Star Road, Electoral Area “C” 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. 2662, 2014 be given First Reading; and further,

That Second Reading of Rezoning Bylaw No. 2662, 2014 be withheld until the applicant submits a revised hydrological and water supply study which takes into consideration the potential to service the full build out of the proposed lots and the impact it could have on the water supply in the area.

BACKGROUND:

This report relates to an application to rezone a portion of the properties located at 7961 Silver Star Road from the Non-Urban (N.U) Zone to the Country Residential (C.R) Zone. If successful in rezoning the properties, the applicant is proposing a 15 lot subdivision. Page 28 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

Site Context

The subject properties are located on the north side of Silver Star Road and both are 32 ha in size. The southern property has frontage on Silver Star Road and an unconstructed highway right-of-way on the west side of the property via Jordashe Road. A single family dwelling is located near the southeast corner of the property. Access to the dwelling is gained from Silver Star Road. The northern property is currently vacant. Access to it is gained from Wilson Jackson Road via an unconstructed highway right-of-way. The properties are largely treed and generally slope upwards from the southwest to the northeast. A creek traverses the property in a north to south direction.

The subject properties are designated Country Residential in the Official Community Plan and are zoned Non-Urban (N.U). The surrounding properties are used for rural residential purposes. The Official Community Plan designations and zoning for these properties are as follows: • North: designated Country Residential and zoned Country Residential and Non-Urban; • East: designated Country Residential and Small Holdings and zoned Country Residential and Small Holdings; • South: designated Country Residential and Park and zoned Country Residential and Community Park and Public Use (Kedleston Park); • West: designated Country Residential and zoned Country Residential and Non-Urban.

The following orthophoto of the subject and surrounding properties was taken in 2013.

Page 29 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

The Proposal

As shown on the attached site plan, the applicant is proposing to partially rezone a 28 ha portion of the subject properties from Non-Urban to Country Residential to potentially accommodate a 15 lot subdivision. Fourteen of the proposed lots would be zoned Country Residential and be approximately 2 hectare in size. The remainder lot would continue to be zoned Non-Urban and be approximately 36 hectares in size.

Access to proposed lots 2-10 would be gained via a new road which is to connect with Silver Star Road. Access to proposed Lot 1 would be directly from Silver Star Road. Proposed lots 1- 10 vary greatly in slope with gradients ranging from 18% to 30%. Proposed Lots 11-14 would be accessed from a newly constructed road that connects to Wilson Jackson Road. These lots are not as steep with gradients ranging from 7% to 18.5%.

The applicants are proposing individual on-site septic sewage disposal and drilled wells for each lot. The applicants retained the services of Western Water Associates to carry out a hydrogeologic assessment and water supply review for the proposed subdivision. The report indicates that:

“The availability of groundwater was evaluated in the context of the Regional District of North Okanagan Subdivision Servicing Bylaw 2600 requirements for non-community water supplies. RDNO Bylaw 2600 requires that private groundwater supplies meet 1 imperial gallon per minute (1 IGPM or 6,550 L/day) sustainably, without negatively impacting other groundwater users in the area. The results of the groundwater availability assessment were favourable, and it appears that there is sufficient groundwater available for the proposed subdivision. This conclusion assumes groundwater use on each lot will be for private domestic purposes and will not exceed on a long term average, a rate of 6,550 L/day. Depending on specific lot locations, there appears to be three possible aquifer systems at the properties that could be exploited: a deep bedrock aquifer system, a relatively deep sand and gravel aquifer and a shallow aquifer associated with the creek running through the property. A well drilling and testing program is proposed at the time of subdivision to identify and characterize the yields of individual wells. The hydrogeologic assessment indicates that it is possible that adequate groundwater supplies may not be obtained on all proposed lots, depending on the presence / absence of surficial aquifers and the bedrock fracture characteristics on a given lot. In those cases, lots without adequate water may need to be amalgamated with a neighbouring lot were sufficient water is obtained”.

ZONING BYLAW:

The subject property is proposed to be rezoned from Non-Urban (N.U) to Country Residential (C.R). Uses permitted in the C.R zone include ancillary single family dwellings, bed and breakfast use, boarding house use, community care facilities, home occupation use, intensive agricultural use, limited resource use, manufactured homes, public parks and playgrounds, single family dwellings, two family dwellings, veterinary clinics, wineries and cideries, work force housing units and secondary suites.

Page 30 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

The maximum number of dwellings permitted on 2 ha parcels in the Country Residential zone is one Single Family Dwelling or one Two Family Dwelling. One Ancillary Single Family Dwelling is also permitted provided it is ancillary to an existing single family dwelling. Lots 21.6 ha or greater in size in the Non-Urban zone are permitted one Single Family Dwelling or Two Family Dwelling, two Single Family Dwellings and one ancillary Single Family Dwelling.

The proposal as compared to the C.R zone requirements is as follows:

CRITERIA PROPOSAL ZONE REQUIREMENTS Lot Area (min.) >2 ha 2 ha 14 of the 15 proposed Lot Frontage (min.) 10 % of perimeter of lot lots meet the min req. Building Height (max) Accessory residential use Not specified 8 m Residential use Not specified 12 m Agricultural use Not specified 20 m Lot Coverage (max.) Not Specified 30% (all buildings & structures) Setbacks (min.) - Front Not Specified 7.5 m - Rear Not Specified 7.5 m - Side (east & west) Not Specified 4.5 m Two off-street parking spaces for Parking Spaces (min.) 2 each dwelling unit.

Section 310 Building Site

All lots created within the Small Holding (S.H.), Country Residential (C.R.), Non-Urban (N.U.), and Large Holding (L.H.) zones of the Zoning Bylaw must contain a contiguous area of land 2,000 m2 or larger in size to serve as a suitable building site. Building sites shall be less than 30% natural slope and be accessible from a public highway in accordance with the following private access driveway design standards: Commencing at the edge of the finished road surface, private access driveways must be as close to right angles as practicable to the finished road surface for a minimum distance of 6 m, and have a minimum width of 5.5 m for the distance specified above and 4 m minimum width thereafter, and have a maximum slope of 2% from the ditch line for a minimum distance of 10 m and a maximum slope of 15% thereafter.

OFFICIAL COMMUNITY PLAN:

The Official Community Plan designates the land use of the subject property as Country Residential. The following OCP Policies are applicable to the application:

Rural Lands Policies

5.1.5 Because of the importance of water supplies for new development and the uncertainty about water supply for some Rural Lands, assurance about water supply should be provided with a rezoning application or an application to amend this Plan and as appropriate, hydrogeological studies should be undertaken to determine impacts, if any, on existing wells in the neighbourhood and the local aquifer.

Page 31 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

5.1.6 Some lands in this Official Community Plan area are designated as Country Residential; however, this designation does not ensure that the land would be rezoned as Country Residential and the following information and considerations are necessary to guide a review of any rezoning application which may or may not be approved by the Regional District: a. maps should be submitted showing how the rezoning area can develop into the Country Residential standard including the location of any new streets, environmental protection measures, lot layouts and any community amenities; b. the area should not be subject to flooding, high water table or terrain instability; c. the development of the area should not require excessive expenditures for community services such as roads, utility services and school busing; d. the terrain should be suitable for development whereby each new lot would have a building site and driveway access in compliance with the “Zoning Bylaw”; e. each new lot shall have an area that is adequate for on-site sewage disposal with a reserve site for on-site sewage; f. information should be provided to show how development can be supplied with an adequate water supply as outlined in Policy 5.1.5 of this Plan; g. sensitive environmental attributes should not be negatively impacted by a higher density of land use and in this regard, the Regional District may request that an environmental impact analysis be undertaken; h. other submissions other than those cited herein may be necessary in order to adequately evaluate an application; and i. notwithstanding these specific considerations, the Regional District will be guided by community goals and objectives cited in this Plan and other policies in this Plan as may be appropriate in the consideration of any application.

5.1.8 When changing the designation of land to the Non-Urban or Country Residential designation, due consideration will be given to site specific characteristics and site servicing issues.

Natural Area Policies

11.2.6 Encourage the voluntary protection of natural features.

11.2.7 Encourage the protection, preservation, enhancement and management of sensitive ecosystems or land contiguous to sensitive ecosystems of private lands through the following methods: a. Donation of areas to the Regional District or provincial government; b. Donation of areas to a Land Trust or conservation organization; c. Creation of conservation covenants in favour of municipal, provincial government, private conservation organizations; d. Establishment of right of ways under the Land Title Act for affected areas; e. Establishment of long-term leases for sensitive areas; f. Land stewardship in conservation initiatives by the private landowner; g. Consideration of alternative development standards, such as clustering.

11.2.8 Areas with a high capability rating as wildlife habitat should remain in as large a parcel as possible to protect these habitat areas.

Page 32 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

Steep Slope Policies

11.3.1 Development on slopes greater than 30% carry inherent geotechnical risks, access and safety concerns and therefore it is recommended that if possible development is accommodated elsewhere on the site and steep slopes are encouraged to be left as natural or open spaces.

11.3.2 The Regional District may require a geotechnical site evaluation for development on steep slopes. The assessment should take into consideration site design as it relates to substrates, natural contours, natural gradients and ensure site stability for the subject and neighbouring properties. The recommendations of this evaluation may be required to be incorporated into a Section 219 Restrictive Covenant.

Utilities: Water Supply Policies

13.3.5 Because of the importance of water supplies for new development and the uncertainty about water supply for some areas of the Regional District, assurance about water supply may need to be provided with a rezoning application or an application to amend this Plan and as appropriate, hydrogeological studies should be undertaken to determine impacts, if any, on existing wells in the neighbourhood and the local aquifer.

Riparian Development Permit Area (RDPA)

The Regional District considers that all watercourses are within the Riparian Development Permit Area. The subject property will require a RDPA at the time of subdivision. The primary objective of the Riparian Development Permit Area designation is to regulate development activities in watercourses and their riparian areas in order to preserve natural features, functions and conditions that support natural processes.

Environmentally Sensitive Lands Development Permit Area

The subject property will require an Environmentally Sensitive Lands Development Permit at the time of subdivision as the subject properties fall within areas of high conservation ranking as identified on Schedule ‘C’ of the Official Community Plan. The primary objective of the Environmentally Sensitive Lands Development Permit Area designation is to regulate development activities in areas of High and Very High conservation value to protect rare and fragile terrestrial ecosystems and habitat for endangered species or native rare vegetation or wildlife.

Wildfire Interface-Protection of Development From Hazardous Conditions

The subject property also falls within the Wildfire Interface Development Permit Area. The primary objective of the Wildfire Interface Development Permit Area designation is to ensure that particular development and maintenance measures are implemented to protect persons and property from wildfire hazard, and to ensure that property owners are aware of the wildfire hazard. It is also important that ecosystem values are addressed in wildfire mitigation activities and not overlooked during the assessment and implementation of works. The Wildfire Development Permit would be required at the time of subdivision.

Page 33 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

PLANNING ANALYSIS:

The Planning Department recommends that the proposal be given favourable consideration as it represents a rural residential land use that is consistent with the Electoral Areas “B” and “C” land use designation of the subject properties and complies with the previously noted Rural Lands Policies in that the proposed lots: a) would not be subject to flooding or high water table; b) would not require excessive expenditures for community services such as roads, utility service and school busing, as such services already exist; c) at time of subdivision the applicants will need to ensure the following: • the terrain is suitable for development and prove each new lot would have a building site and driveway access in compliance with the “Zoning Bylaw”; • each new lot will have an area that is adequate for on-site sewage disposal with a reserve site for on-site sewage; d) prior to final subdivision approval the applicants will need to complete an Environmentally Sensitive Lands Development Permit which will identify natural features and other sensitive environmental attributes which should not be negatively impacted by the higher density of land use; e) prior to final subdivision approval a Riparian Development Permit which assesses the impact of development activities in watercourses and their riparian areas will be required; and f) a Wildfire Interface Development Permit which identifies particular development and maintenance measures to protect persons and property from wildfire hazard, and to ensure that property owners are aware of the wildfire hazard will need to be completed prior to final subdivision approval.

With regard to the Development Permit requirements noted above, it should be noted in order to meet the guidelines of the various Development Permit Areas, the applicant may or may not have to revise the lot layout and/or reduce the total number of proposed lots.

With regard to the stability of the terrain, it is noted that the subject properties are not in an area known to be subject to geotechnical hazards and that the majority of the proposed 2 ha lots have slope gradients of 7% to 30%. This should allow for suitable building sites, private on-site sewage disposal areas and private driveways.

The proposal has been reviewed against the OCP policies that require a domestic water source for the proposed lots. In this case, the Country Residential zone would permit 14 of the proposed lots to have one Single Family Dwelling and one Ancillary Single Family Dwelling or one Two Family Dwelling. The remainder Non Urban lot would be permitted to construct one Single Family Dwelling and one Ancillary Single Family Dwelling or one Two Family Dwelling, and two additional Single Family Dwellings. In this regard, it is noted that the hydrogeologic assessment and water supply review demonstrates that a water source is available for one dwelling unit per lot based on the Subdivision Servicing Bylaw No. 2600, 2013 standards for a well. The hydrogeologic assessment has accounted for a total increase in local groundwater use of up to 14 Imperial Gallons Per Minute from one or more aquifers, which accounts for 14 new dwellings. Staff note that if each lot were to reach full build out there could be a total of 32 dwellings 18 of which have not been included in the hydrogeologic and water supply assessment.

Page 34 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

Hydrologic assessments and water supply reviews for full build-out are not required at the time of subdivision or building permit and would therefore not take into account the potential impact on neighbouring wells and the local aquifer. Staff therefore recommend that prior to Second Reading, a revised hydrogeologic assessment and water supply review be provided to get a better understanding of the impacts full build out could have on the existing water supply. This information will be important for the neighbourhood to have when they become aware of the proposal.

SUMMARY:

This report relates to an application to rezone a portion of the properties located at 7961 Silver Star Road. The proposal is generally consistent with the policies contained within the Electoral Areas “B” and “C” Official Community Plan. The Planning Department recommends that Rezoning Bylaw No. 2662, 2014 be given First Reading and that Second Reading be withheld until a hydrological and water supply study is submitted which takes into consideration the potential to service the full build out of the proposed lots and outlines the potential impact it could have on the water supply in the area.

REFERRAL COMMENTS:

The application was referred for comments to the following:

1. Electoral Area “C” Director

2. Electoral Area “C” Advisory Planning Commission

3. Electoral Area Advisory Committee

4. Building Inspection Department No concerns or comments with respect to the subject application.

5. Interior Health Authority No comments received.

6. Ministry of Transportation and Infrastructure Preliminary Approval is granted for the rezoning for one year pursuant to section 52(3)(a) of the Transportation Act.

This approval in no way constitutes approval for any future subdivision, future intersections with Silver Star Rd or future public road design as shown on the proposed development drawings submitted with the referral package. Areas of concern that will be reviewed at the time of subdivision are, but not limited to: • Geotechnical concerns due to slope and the limited ability to provide safe building sites.1 • Any proposed road must meet the requirements as laid out in Sec 1400 of the BC Supplement to TAC Geometric Design Guide. Road must be designed and certified by a Professional Engineer registered to practice in British Columbia.

1 This is a standard MoTI response and no analysis has been carried out in this regard. MoTI has indicated this analysis would occur at the time of subdivision. Page 35 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

Rezoning Application 14-0317-C-RZ (Tim & Cheryl Boulter) Page 9

• Any intersection point with Silver Star Rd must have at least 150m sight distance in both directions. • Please forward the Bylaw to MoTI after Third Reading, for endorsement.

7. Ministry of Environment The Ecosystems Section Recommends the applicant engage a qualified professional. This application is subject to the Riparian Areas Regulation (RAR). The proponent should be advised that a RAR Assessment is required for subdivision as defined in Section 872 of the Local Government Act. The assessment defines the required Streamside Protection and Enhancement Area (SPEA) setback, which must be determined prior to subdivision. RAR assessments must be completed by a qualified environmental professional (QEP) following the provincial RAR guidelines. For more information on RAR visit http://www.env.gov.bc.ca/habitat/fish protection act/riparian areas.html.

To ensure proposed activities are planned and carried out with minimal impacts to the environment and in compliance with all relevant legislation, the proponent and approving agency are advised to adhere to guidelines in the provincial best management practices (BMP's) document: Develop with Care: Environmental Guidelines for Urban & Rural Land Development (http://www.env.gov.ca/wld/BMP/bmpintro.html).

8. Ministry of Forests No comments received.

9. BX Fire Department No comments received.

10. School District 22/83 No comments received.

Submitted by: Reviewed by:

/ ( ") aura Frank,IMCIP Sustainability Coordinator Deputy Planning Manager

Endorsed by: Approved for ln~lusion: ( (~ av j Chief Administrative Officer

Page 36 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1 ELECTORAL AREA "C" REZONING APPLICATION SUBJECT PROPERTY MAP File: 14-0317-C-RZ Applicant: Tim & Cheryl Boulter Location: 7961 Silver Star Road

Page 37 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

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Page 38 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1 REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2662

A bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to change a zone designation

WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones;

AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto;

AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to a Zoning Bylaw and must consider every application for an amendment to the bylaw;

AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008 and amendments thereto” to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit:

AND WHEREAS the Board has received an application to rezone property;

NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows:

A. CITATION

This Bylaw may be cited as the “Rezoning Bylaw No. 2662, 2014”.

B. AMENDMENTS

1. That a portion of the properties legally described as The W1/2 of the S1/2 of the S1/2 of Sec 29, Twp 5, ODYD; AND the W1/2 of the N1/2 of the N1/2 of Sec 20, Twp 5, ODYD and located at 7961 Silver Star Road, Electoral Area “C” 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 this Bylaw.

2. That the Zoning Map, being Schedule “A” to Zoning Bylaw No. 1888, 2003 be amended accordingly.

Read a First and Second Time this day of , 2014

Advertised on this day of , 2014 This day of , 2014

Public Hearing held pursuant to the provisions of this day of , 2014 Page 39 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.1

Section 890 of the Local Government Act

Read a Third Time this day of , 2014

Approved by Minister of Transportation and this day of , 2014 Infrastructure (Transportation Act s. 52(3))

ADOPTED this day of , 2014

Chair Corporate Officer

Page 40 of 167 SEC. 29 - ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA N OF O 3 November 6, 2014 -Item E.1 S A IL 1/2 W KAP85814 ON 37892 2.000ha S K C A 3 /4 J 2 A A 3.212ha S P

PLAN E PLAN N KAP57143 44036 37 34647 440 2 R 4.010ha P 1 O 2.064 ha 1 A 2.023ha D

1 PL 1 AN

54 CR A122 K A P B 5 4 4 0 KAP57143 1 W1/2 OF S1/2 OF S1/2 SEC. 29 PLAN 26583

NU 2 T.P. 5

ha 2 PLAN 0757

NE 1/4 OF NE 1/4 PL K AP8 Sec. 19 1 2 0 7 2 6 W 1/2 O 0 CR F N 1/2 OF N 1/2 PLAN 32229 KA P8 90 0758 SEC 20 KAP80759 A15 KA 849 P80 4455 3 758 74 6.15 ha 90535 540 P80757 850 A15 O

1 1 LO337024 PLAN 878 AD PLAN 4 A RO 27690 34348 AR ST B1173 R 1 2 LVE 2 SI 3 KEDLESTON PARK PLAN 23292

D 2 5 SW 1/4 O SCHEDULE "A" to accompany the Regional District of North Okanagan "Rezoning Bylaw No. 2662,2014".

Area rezoned from Non-Urban Zone (N.U.) to Country Residential Zone (C.R.) shown .....

I hereby certify this to be a true and correct copy of SCHEDULE "A" attached to and forming part of the Regional District of North Okanagan "Rezoning Bylaw No. 2662,2014".

Dated at Coldstream, BC this ______day of ______, 2014

______1:6,000 Page 41 of 167 Corporate Officer ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2

REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 12-0023-C-OR

TO: Electoral Area Advisory Committee FROM: Planning Department DATE: October 28, 2014 Official Community Plan Amendment Bylaw No. 2550 and Rezoning SUBJECT : Bylaw No. 2551 [Coughlin]

RECOMMENDATION:

That Rural Vernon Official Community Plan Amendment Bylaw No. 2550, 2012 and Rezoning Bylaw No. 2551, 2012 which propose to amend the land use designation and zoning of a 1.0 ha portion of the property legally described as Lot 2, Sec 20, Twp 5, ODYD, Plan KAP81991 and located at 7125 Tillicum Road, Electoral Area ‘C’ from Country Residential to Small Holdings not be forwarded to a Public Hearing.

BACKGROUND:

Rural Vernon Official Community Plan Amendment Bylaw No. 2550, 2012 and Rezoning Bylaw No. 2551, 2012 propose to amend the (previous) Official Community Plan land use and the (current) zoning of a 1.0 ha portion of the property located at 7125 Tillicum Road from Country Residential to Small Holding. If successful in rezoning the property as proposed, the owner intends to submit a subdivision application that would propose to create a new 1.0 ha lot and a 3.83 ha remainder lot. The subject property was previously subdivided under Section 946 of the Local Government Act (residence for relative). As such, there is a Covenant on title preventing further subdivision under that section. Creation of an additional lot therefore requires an OCP Amendment and Rezoning first.

The application received support in principle by the Board of Directors on June 20, 2012 at which time the Board resolved that prior to a Public Hearing, the applicant hold a Public Information Meeting and provide a report verifying that potable water is available to service the proposed lots. The Board also resolved that Greater Vernon Parks, Recreation and Culture be strongly encouraged to cooperate with the property owner for extension of a trail through the subject property. OCP Amendment Bylaw No. 2550, 2012 was subsequently granted First Reading on July 18, 2012.

At the Regular Meeting of October 3, 2012 the Board of Directors received the information provided by the applicant with regard to the required Public Information Meeting and water supply report. The Board then gave Second Reading to Rural Vernon Official Community Plan Amendment Bylaw No. 2550, 2012 and First and Second Reading to Rezoning Bylaw No. 2551, 2012 and referred the Bylaws to a Public Hearing.

However, on October 23, 2012, the applicant provided a letter requesting that the rezoning application be placed on hold until further notice. On April 23, 2014, the applicant advised that he would like to proceed with rezoning of the subject property.

Page 42 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2 OCP Amendment Bylaw No. 2550 and Rezoning Bylaw No. 2551 (Coughlin) Report to Electoral Area Advisory Committee – October 27, 2014 Page 2

Efforts have been made to advance the OCP policies and objectives regarding trail acquisition and development and to address the Board’s direction to cooperate with the owners of the subject property on the acquisition of a trail corridor through the property. However, no agreements have been reached to date. In this regard, the Regional District objective is to acquire a trail corridor that would generally follow the south side of the portion of BX Creek which traverses through the subject property in an east to west direction. An existing riparian area Covenant affects the area immediately adjacent to the Creek, and without modification, could affect the alignment. The owner has suggested an alternate alignment away from the creek, along Dixon Dam Road adjacent to the most southern property line.

It is also important to note that, during the applicant’s requested “on hold” period, the Regional District also acquired a statutory right of way over Cedar Falls Campground, the adjacent property to the south west.

Electoral Areas “B” and “C” Official Community Plan No. 2626, 2014

On September 3, 2014, Rural Vernon Official Community Plan Bylaw No. 1708, 2003 was repealed upon the adoption of Electoral Areas “B” and “C” Official Community Plan No. 2626, 2014. As such, First and Second Reading of Official Community Plan Amendment Bylaw No. 2550 would be repealed and replaced with a new OCP Amendment Bylaw in order to amend the land use designation of the subject property as proposed under the new OCP. The application would require further review against the new OCP but such has not been fully undertaken at this time given other outstanding issues and the need to report back to the Board given the time elapsed from the previous Resolutions.

DISCUSSION:

Both the repealed Rural Vernon Official Community Plan Bylaw No. 1708, 2003 and the recently adopted Electoral Areas “B” and “C” Official Community Plan No. 2626, 2014 support the acquisition and development of a trail along the BX Creek corridor. In balancing the various OCP policies that led to staff’s initial positive recommendation on this matter, it was a very important consideration that the OCP’s Creek corridor policies would be advanced. The recently adopted new OCP went through much public consultation and it only further reinforces the importance of the creek corridor. As noted above, efforts have been made to address the Board’s direction to cooperate with the owners of the subject property on the acquisition of a trail corridor through the property, however, no agreements on an acceptable alignment have been reached to date.

It should also be noted that staff assumed that a trail corridor could be acquired prior to, or as a condition of, subdivision and that the Provincial Approving Officer would not allow the subdivision to be completed without the OCP policies regarding the Creek corridor being implemented. Staff recently sought legal advice on this matter. The Provincial Approving Officer has ample authority to reject the proposed subdivision on the basis it is “against the public interest” if it does not include a trail corridor along the Creek as envisaged by the OCP; several previous challenges to rejections in similar circumstances were unsuccessful at court (e.g. Burns v. Dale, Vancouver (City) v. Simpson). Nevertheless, it is understood that the Approving Officer is not required to reject the subdivision, and could instead take the position that the Regional District is responsible for balancing and advancing its OCP policies and objectives.

It is important to note that the Board has discretion now, and there is no obligation to adopt a requested OCP amendment and rezoning bylaw. Furthermore, it is important that there has always been an intent to pay for the acquisition, and not advancing this matter is not about reducing acquisition costs or acquiring the trail without compensation.

Page 43 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2 OCP Amendment Bylaw No. 2550 and Rezoning Bylaw No. 2551 (Coughlin) Report to Electoral Area Advisory Committee- October 27, 2014 Page 3

In Staff's opinion, the trail corridor policies are sufficiently important that it would be premature to amend the recently adopted OCP in a manner that intensifies the subdivision, use and development of parcels and potentially compromises these policies. The Planning Department recommends that Rural Vernon Official Community Plan Amendment Bylaw No. 2550, 2012 and Rezoning Bylaw No. 2551, 2012 which propose to amend the land use designation and zoning of a 1.0 ha portion of the subject property from Country Residential to Small Holdings not be forwarded to a Public Hearing at this time. Staff intend to advance the discussions with the owners of the subject property in order to address the Regional Districts' objective to establish a trail along the portion of the BX Creek corridor which traverses through the subject property.

SUMMARY:

The applicant is proposing to amend the Official Community Plan land use designation and rezone a 1.0 ha portion of the property located at 7125 Tillicum Road from Country Residential to Small Holding to facilitate a one lot plus remainder subdivision (which is not currently permitted given an LGA s.946 Covenant registered on title of the subject property). The Planning Department recommends that Rural Vernon Official Community Plan Amendment Bylaw No. 2550, 2012 and Rezoning Bylaw No. 2551, 2012 which propose to amend the land use designation and zoning of a 1.0 ha portion of the subject property from Country Residential to Small Holdings not be forwarded to a Public Hearing. This requires the Board specifically reconsider its 2012 direction to send these bylaws to Public Hearing, in light of the additional information provided in this report, and the elapse of time. The balancing of OCP policies and objectives originally envisaged is not achieved without a trail along the Creek corridor, and there are no guarantees that the Provincial Approving Officer will implement the OCP trail corridor policies as a condition of subdivision. It is suggested that the proposed Bylaw amendments are presently premature and that it is necessary to further discussions with the owners of the subject property on the acquisition of a trail corridor through the property. Should the Board wish to advance the application to a Public Hearing, OCP Amendment Bylaw No. 2550 would need to be repealed and replaced with a new OCP Amendment Bylaw.

Submitted by:

Greg Rout! . Deputy Planning Manage

ftpproved for llilc usion:

I )

Officer

Page 44 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2 ELECTORAL AREA "C" OCP/REZONING APPLICATION SUBJECT PROPERTY MAP File: 12-0023-C-OR Applicant: James & Sheila Coughlin Location: 7125 Tillicum Road

!-'LAN 32147 4 PLAN 878 2

7 PLAN 878

2

----- 2 PLAN 5298

PlAN N 1/2 of E 1/2 of NW1/4 KAP83252 29055

Page 45 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2

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.. Page 46 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2

REGIONAL DISTRICT PLANNING DEPARTMENT of NORTH OKANAGAN INFORMATION REPORT

OFFICIAL COMMUNITY PLAN / REZONING APPLICATION

Date: May 8, 2012

File No.: 12-0023-C-OR

Applicant: James & Sheila Coughlin

Legal Description: Lot 2, Sec 20, Twp 5, ODYD, Plan KAP81991

P.I.D.# 026-825-309

Civic Address: 7125 Tillicum Road

Property Size: 4.83 ha

Servicing: groundwater (well) / on-site septic disposal

Present Zoning and OCP Country Residential Designation:

Proposed Zoning and Country Residential and Small Holdings OCP Designation:

Proposal: Subdivide the subject property into one 1 ha lot and one 3.83 ha remainder lot.

PLANNING DEPARTMENT RECOMMENDATION:

That the application to amend the Rural Vernon Official Community Plan land use designation and the zoning of a 1.0 ha portion of the property legally described as Lot 2, Sec 20, Twp 5, ODYD, Plan KAP81991 and located at 7125 Tillicum Road, Electoral Area ‘C’ from Country Residential to Small Holdings be supported in principle and staff be directed to prepare an Official Community Plan Amendment Bylaw for First Reading only; and further

That a Public Hearing not be held until the applicant has: 1. held a Public Information Meeting in accordance with the Public Information Meeting Guide; 2. provided a report prepared by a professional hydrogeologist or a professional engineer having a knowledge of groundwater hydrology or groundwater geology verifying that water of sufficient quantity and quality is available year round to service the proposed lots and that the extraction of water from the proposed water supply will not deplete the water supply of neighbouring wells.

F:\3000-3699 LAND ADMIN\3063 AREA C\3063 - APPLICATIONS\OR\2012\12-0023-C-OR - COUGHLIN\12-0023-C-OR - COUGHLIN - OR Info Sheet.docx Page 47 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2

OCP/RZ Application 12-0023-C-OR (James & Sheila Coughlin) Page 2

BACKGROUND:

This is an application to change the Official Community Plan land use designation and the zoning of a 1 ha portion of the property located at 7125 Tillicum Road from Country Residential to Small Holdings. If approved, the applicants are proposing to subdivide the property into one 1 ha lot and one 3.83 ha remainder lot.

Site Context

The 4.83 ha subject property is located on the northeast side of Tillicum Road and across Tillicum Road from the BX Falls Park. The property also has frontage on the west side of Dixon Dam Road. The property is mostly forested and BX Creek runs through the centre of the property in a northeast to southwest direction. The land slopes steeply upwards from the northwest side of the creek and the southeast side towards Dixon Dam Road. The land slopes gently in the vicinity of the southeast portion of the property adjacent to Dixon Dam Road. A single family dwelling, an ancillary single family dwelling and two accessory residential buildings are located on the northwest side of the creek. Access to these buildings is gained from a driveway that connects to Tillicum Road. The property is serviced with a well and an on-site septic field.

The subject property was created in 2006 through a boundary adjustment subdivision under Section 946 of the Local Government Act. The subdivision combined the portion of the subject property on the northwest side of the creek with the portion of the property on the southeast side of the creek and created a 1 ha lot which is located directly to the south of the 1 ha lot proposed to be subdivided under the subject application. As a condition of subdivision and in accordance with the Development Permit requirements of the day, a covenant was registered on the title of the property to establish a 15 m ‘no disturb’ setback on BX Creek and to establish conditions associated with the property being within a floodplain area.

The property is currently designated and zoned Country Residential. The properties to the northwest and south are also designated and zoned Country Residential. The properties to the west and southwest are designated and zoned Park and Commercial. The properties to the east are designated and zoned Small Holdings and Residential. The properties to the north are designated Agricultural and zoned Non-Urban.

The subject property was assessed as a part of the Vernon Coldstream Sensitive Ecosystem Inventory completed in 2007. The property is identified as being situated within a core conservation and buffer area and includes a mixture of medium and low sensitivity ecosystems. The proposed new lot would be immediately adjacent to a wildlife corridor with the remainder lot incorporating the corridor. Low sensitivities are assumed to have little or no inherent ecological value or importance as wildlife habitat while medium sensitivities have moderate ecological importance based on ecosystem rarity and sensitivity and/or value to rare wildlife. Medium sensitivities rankings can be also due to an ecosystem’s importance to wildlife, such as agricultural areas that may be significant foraging areas or corridors.

Page 48 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2

OCP/RZ Application 12-0023-C-OR (James & Sheila Coughlin) Page 3

Proposal

The applicants propose to rezone the gently sloping southeast portion of the 4.83 ha subject property from Country Residential to Small Holding to potentially allow for the subdivision of that portion of the property into a 1.0 ha lot that would be zoned Small Holding. The remainder 3.83 ha lot would still be zoned Country Residential. The remainder lot would continue to have its legal frontage on Tillicum Road and Dixon Dam Road and would contain the existing buildings, driveway, well and septic disposal area.

The proposed 1.0 ha lot would gain access and have legal frontage on Dixon Dam Road and would be vacant of buildings. The proposed new lot would be serviced by a new well and on- site sewage disposal. Information regarding proof of water or septic field specifications has not been provided.

OFFICIAL COMMUNITY PLAN:

The subject property is designated Country Residential in the Rural Vernon Official Community Plan. The following policies are applicable to the proposal to change the land use designation of a 1 ha portion of the property to Small Holdings:

Rural Lands Policies

1. Rural Lands within the Plan area are designated either Large Holding, Non-Urban, Country Residential or Small Holding as shown on map Schedules ‘B’ and ‘C’ where the minimum lot size standard is 30.5 ha, 7.2 ha, 2.0 ha and 1.0 ha respectively. 2. The Regional District considers that the Rural Lands in Electoral Areas ‘B’ and ‘C’ are sufficient to meet the housing needs over a period of at least five years. 3. Developers on Rural Lands will be encouraged to consult with the Ministry of Forests with regard to subdivision design, layout of roads, selection of building sites and the clearing of trees with regard to protection of the proposed development from wildfire hazard. 4. Because of the importance of water supplies for new development and the uncertainty about water supply for some Rural Lands, assurance about water supply should be provided with a rezoning application or an application to amend this Plan and as appropriate, hydrogeological studies should be undertaken to determine impacts, if any, on existing wells in the neighbourhood and the local aquifer. 5. The following information and considerations are necessary to guide the review of any rezoning application which may or may not be approved by the Regional District: a) information maps should be submitted showing how the rezoning area can develop into the Country Residential standard including the location of any new streets, environmental protection measures, lot layouts and any community amenities; b) the area should not be subject to flooding, high water table or terrain instability; c) the development of the area should not require excessive expenditures for community services such as roads, utility services and school busing; d) the terrain should be suitable for development whereby each new lot would have a building site and driveway access in compliance with the “Zoning Bylaw”; e) each new lot shall have an area that is adequate for on-site sewage disposal; f) information should be provided to show how development can be supplied with an adequate water supply; g) Natural Features or other sensitive environmental attributes should not be negatively impacted by a higher density of land use and in this regard, the Regional District may request that an environmental impact analysis be undertaken; Page 49 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2

OCP/RZ Application 12-0023-C-OR (James & Sheila Coughlin) Page 4

h) the subject properties are outside an area where the long-term planning is to accommodate urban land uses such as within an area bounded by an ‘Urban Containment Boundary’ where parcels should be maintained in as large a size as possible to better facilitate urban development;

6. The Regional District will consider any application to amend this Plan for a Small Holding development and the following information and considerations are necessary to guide a review of the application which may or may not be approved by the Regional District: a) information maps should be provided to show that a new Small Holding designation in this Official Community Plan will follow a broad neighbourhood area and the Regional District will consider designating this whole area into the Small Holding designation; b) the subject lands are outside the Agricultural Land Reserve; and c) information outlined in (Item No. 6 above) should be provided to adequately evaluate a proposed change to this Official Community Plan.

7. Pursuant to Section 904 of the Local Government Act, the Regional District may apply a bonus density to a maximum of 20% for Small Holding developments without an amendment to this Plan where an application to amend the Zoning Bylaw proposes a minimum of 10% of land to be dedicated for community or site amenities as follows: a) the dedication of parks or trails as outlined in this Plan; b) the long-term security of a Natural Area as outlined in this Plan or other significant environmental or habitat features.

Trail Policies

1. The Regional District supports the expansion of the BX Trail eastward along the BX Creek valley from BX Ranch Park to crown lands in the Silver Star Mountain area.

Development Permit Areas

The subject property is designated as being within a Development Permit Area for the Protection of the Natural Environment as BX Creek traverses through the property. The issuance of a Development Permit in this regard would be a condition of subdivision approval. The subdivision would be exempt from the requirements of a Development Permit if it were demonstrated that it complies with the Provincial Riparian Areas Regulation.

The subject property is also designated as being within a Development Permit Area for the Protection of Development from Hazardous Conditions as the property is located within a wildfire hazard area. Issuance of a Development Permit in this regard would be a condition of building permit approval.

ZONING BYLAW:

The subject property is zoned Country Residential (C.R). The number of dwellings allowed per lot in the C.R zone (relevant to this application) may not exceed: one single family dwelling or one two family dwelling or one manufactured home; and one ancillary single family dwelling on lands in and out of the ALR.

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OCP/RZ Application 12-0023-C-OR (James & Sheila Coughlin) Page 5

The applicant proposes to rezone the property to the Small Holdings (S.H) zone. The number of dwellings allowed per lot in the S.H zone (relevant to this application) may not exceed: one single family dwelling or one two family dwelling (on lots greater than 2.0 ha in size) or one manufactured home.

The minimum lot size and lot frontage standard for lots in the C.R zone is 2.0 ha and one-tenth the perimeter of a lot. The minimum lot size and lot frontage standard for lots in the S.H zone is 1.0 ha and one-tenth the perimeter of a lot.

Building Sites and Driveway Access

All lots created within the S.H and C.R zones must contain a contiguous area of land 2,000 m2 or larger in size to serve as a suitable building site. Building sites must be less than 30% natural slope and must be accessible from a public highway by a private access driveway which commences at the edge of the finished road surface as close to right angles as practicable for a minimum distance of 6 m and have a minimum width of 5.5 m for the distance specified above and 4 m minimum width thereafter and have a maximum slope of 2% from the ditch line for a minimum distance of 10 m and a maximum slope of 15% thereafter.

REGIONAL GROWTH STRATEGY:

The subject property is designated Rural Protection Area within the Regional Growth Strategy Bylaw No. 2500, 2011. The following definition has been provided for the Rural Protection Area:

“RURAL PROTECTION AREAS: are areas that will not have access to water and sewer infrastructure, consist of large lot sizes and are associated with rural uses. Rural Protection Areas are intended to provide for a variety of rural land uses, including low density rural residential development, natural resources, and agricultural and existing small scale neighbourhood commercial uses. Rural Protection Areas help protect rural landscapes and agricultural lands, prevent unsuitable urban development and densities, limit water and sewer infrastructure extensions beyond the Rural Protection Boundary and maintain rural lifestyle options. Natural lands, open spaces, agricultural lands and environmentally sensitive lands that are unsuitable for residential development are included within the Rural Protection Areas, including: the Agricultural Land Reserve, watersheds, conservation areas, natural habitats, grasslands, forests, wetlands, major parks and recreation areas. Rural developments around drinking water sources and reservoirs should be restricted to protect water quality and quantity.”

The Regional Growth Strategy outlines the regional policies that are to be considered by the Board of Directors when reviewing an OCP/Rezoning Amendment application. The following policies apply with respect to this application:

UC‐2.1: designate Rural Protection Boundaries, consistent with the Regional Growth Strategy, within Official Community Plans for the purpose of protecting lands within the Rural Protection Area. Lands designated as Rural Protection Areas are intended to accommodate low density development on larger (1 hectare and greater) parcels of land that are not serviced with both community water and sewer systems.

Page 51 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2

OCP/RZ Application 12-0023-C-OR (James & Sheila Coughlin) Page 6

UC‐2.7: protect the character of rural areas: Rural Protections Areas contain a variety of lands with natural resource value including agriculture and forestry. These lands have historically played a significant role in shaping North Okanagan character and identity, offering rural lifestyle choice, as well as providing important economic benefits. Their long term viability and productivity is increasingly threatened by urban encroachment and the spread of incompatible land uses.

PLANNING ANALYSIS:

As directed by the Board, applications for OCP amendments are to be considered in batches so that the cumulative effect they will have on the area and its character can be better analyzed. To date, the subject application is the only OCP amendment application received in 2012 for Electoral Area “C”. In 2011, the Board considered an application which proposed to change the OCP land use designation and zoning of a 1 ha portion of the property located at 7400 McKoryk Road from Country Residential to Small Holdings. The application was not supported as it was inconsistent with OCP policies as the Small Holdings designation is not broadly applied to lands surrounding the subject property and approval of this application for OCP amendment and rezoning to Small Holdings could have raised expectations amongst land owners for similar consideration. In 2009, the Board considered an application which proposed to change the OCP land use designation of the property located at 7025 Herbert Road from Country Residential to Small Holdings and Commercial. The application was not supported as in terms of both servicing and compatibility with neighbouring uses the application did not comply with the Rural Vernon OCP policies. Also in 2009, the Board considered an application which proposed to change the OCP land use designation of the property located at 7285 Dixon Dam Road from Country Residential to Small Holdings. The application was supported as the application appeared to comply with the OCP policies and the suitability of the land for the use was deemed satisfactory.

The OCP land use designation of the subject property does not envision the development of the property as proposed, although there are Rural Land Policies which, for the most part, support the proposal. Specifically, the proposal complies with the following Policies: a) the subject property is adjacent to properties that are designated and zoned as Park, Recreation Commercial, Country Residential, Small Holdings and Residential. The proposal would be in keeping with the established zoning, OCP land use designation and parcel sizes in the surrounding area; b) the subject property is located outside the Agricultural Land Reserve; c) the proposed rezoning would only allow for the creation of one new 1 ha lot, of which would have road frontage and access. This would negate the need to provide maps that show how the rezoning area can be ultimately developed; d) the proposed new lot would not be subject to flooding, high water table or terrain instability; e) subdivision of the property should not require excessive expenditures for community services such as roads, utility services and school busing as such services already exist; f) the proposed new lot would have a building site and driveway access in compliance with the Zoning Bylaw; g) it is highly probable that the proposed new 1 ha lot could be serviced with an on-site sewage disposal system; h) the proposed subdivision would leave intact an environmentally sensitive wildlife corridor that has been identified in the Vernon Coldstream Sensitive Ecosystem Inventory.

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OCP/RZ Application 12-0023-C-OR (James & Sheila Coughlin) Page 7

It is suggested that the proposed development would also be consistent with the Regional Growth Strategy as the subject property is within a designated Rural Protection Area which supports the subdivision of lots that are 1 ha or larger.

The applicant has not submitted information on the proposed water supply, except to state that the proposed remainder lot would be serviced with an existing well and that the proposed new lot would be serviced with a new well. To ensure that an adequate water supply exists and in keeping with the Policies of the OCP, the applicant would need to submit documentation which confirms that water of sufficient quantity and quality is available year round to service the proposed lots and that the extraction of water from the proposed water supply will not deplete the water supply of neighbouring wells.

The OCP states that the Regional District supports the expansion of the BX Trail eastward along the BX Creek valley from BX Ranch Park to crown lands in the Silver Star Mountain area. The applicant is not proposing to dedicate a trail along the creek as part of the proposed subdivision. Section 941 of the Local Government Act (Provision of Park Land) does not allow the Regional District to require park (and dedication) as the proposed subdivision would create less than 3 lots. Should the rezoning be granted, Greater Vernon Parks and Recreation would be afforded an opportunity to offer to purchase a trail corridor at the subdivision application stage.

In light of the above, the Planning Department recommends that the application be supported in principle. In accordance with Section 879 of the Local Government Act, it is also recommended that further consideration of the proposal be subject to the applicant gauging the views of the residents in the surrounding area via a Public Information Meeting. In keeping with the Rural Land Policies of the OCP, it is also recommended that further consideration of the proposal be subject to the applicant confirming that the proposed lots can be adequately serviced with water.

SUMMARY:

This is an application to change the Rural Vernon Official Community Plan land use designation and the zoning of a 1 ha portion of the 4.83 ha subject property at 7125 Tillicum Road from Country Residential to Small Holding. If approved, the applicant is proposing to subdivide the property into a new 1.0 ha lot that would be zoned Small Holdings and a 3.84 ha remainder lot that would be zoned Country Residential. The proposal represents a rural land use that is not specifically identified in the current OCP land use designation of the property but is consistent with the OCP Rural Lands Policies and the Regional Growth Strategy. It is therefore recommended that the application be supported in principle and the necessary OCP Amendment Bylaw be drafted for further consideration. It is further recommended that a Public Hearing not be held until the applicants have gauged the views of the residents in the surrounding area via a Public Information Meeting and until the applicants have confirmed that the proposed lots can be adequately serviced within water.

Page 53 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2

OCP/RZ Application 12-0023-C-OR (James & Sheila Coughlin) Page 8

REFERRALS:

Section 879 of the Local Government Act states that during the amendment of an OCP, the proposing local government must provide one or more opportunities it considers appropriate for consultation with person, organizations and authorities it considers will be affected. Section 882 of the Local Government Act requires that, after First Reading, a local government consider an OCP amendment in conjunction with its Financial Plan and any applicable Solid Waste Management Plan. If the OCP Amendment Bylaw proceeds further than First Reading, the bylaw will be referred further. In regard to the requirements of Section 879, 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. Electoral Area Advisory Committee 4. School District #22 5. Building Inspection Department 6. Greater Vernon Parks and Recreation Looking to acquire a 15m SROW along the southern edge of the property as well as a 3 m SROW along the frontage both for trail use.

7. Ministry of Transportation and Infrastructure The Ministry had no objections to the rezoning and the Ministry has indicated that additional comments will be forthcoming at the subdivision stage. The Ministry has granted preliminary approval for the rezoning for one year pursuant to Section 52(3) of the Transportation Act.

8. Interior Health Authority IHA will require, at the time of subdivision, the following: a) Confirmation from an Authorized Person that there is adequate space available on each of the proposed lots for both primary and replacement onsite wastewater dispersal areas based in Type I effluent (with gravity dispersal) and a 4 bedroom home. All requirements on the Interior Health Subdivision Data Information Record should be completed and supported with the requested documentation, including an accurate site plan and soils assessment report. IHA also recommends that the applicant provide confirmation that any existing wastewater systems have been recently maintained and are functioning properly. Both the existing onsite sewage systems and delineated replacement areas should be located on the final site plan to confirm that all necessary setback distances are being met to proposed property lines, drinking water wells, etc. b) Based upon connection to a community water systems not being available and the indication that private individual wells will serve as the water supplies for this development, IHA recommends that approval be contingent on upon the applicant confirming separate sources for each lot and confirmation that appropriate setback distances to onsite sewage disposal are established.

Page 54 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2

OCP/RZ Application 12-0023-C-OR (James & Sheila Coughlin) Page 9

9. Ministry of Environment The Environmental Protection Service of the Ministry has provided the following comments. The information provided suggests that domestic wastewater disposal will occur by individual onsite septic disposal systems for each proposed lot. Since such a system with a minimum flow of less than 22.7 m3/day falls under the Sewage Systems Regulation, IHA should be consulted for further information.

10. Ministry of Forests, Lands and Natural Resource Operations The Ecosystem Section of the Ministry has provided the following comments. The application is subject to the Riparian Area Regulation (RAR) and a RAR assessment is required for subdivision as defined in section 872 of the Local Government Act. The assessment defines the required Streamside Protection and Enhancement Area (SPEA) setback, which must be determined before subdivision. RAR assessments must be completed by a qualified environmental professional (QEP) following the provincial RAR guidelines.

To ensure proposed activities are planned and carried out with minimal impacts to the environment and in compliance with all relevant legislation, the proponent and approving agency are advised to adhere to the guidelines in the provincial best management practices (BMPs) document: Develop with Care: Environmental Guidelines for Urban and Rural Land Development (http://www.env.gov.bc.ca/wld/BMP/bmpintro.html).

11. Greater Vernon Water Greater Vernon Water indicated that the property in question is outside the Greater Vernon Water service area boundary.

12. Sustainability Coordinator The sustainability issues raised by the Official Community Plan (OCP) and zoning amendment referred to in File 12-0023-C-OR are characteristic of rural development in general and raise questions about the long-term sustainability of small rural holdings. As this application includes an amendment to the OCP, it is also proposing a development that is potentially inconsistent with the goals and objectives of the community as expressed by the OCP. However, given the size and zoning of lots in the surrounding area the application is not inconsistent with existing land use patterns.

The property in question is adjacent to properties zoned as Small Holdings and Residential, with Country Residential zoning either side. A change in zoning to Small Holdings will be somewhat in keeping with the area due to the adjacent Small Holdings and Residential parcels and the small size of the Country Residential parcels to the south. This situation means the application does meet the OCP policy that Small Holdings should follow a broad neighbourhood area.

One of the main issues this application raises is the impact it may have on the ecosystems within the area. Rural development can lead to substantial removal of native vegetation and/or disturbance to important ecosystems. Sustainable development should protect or improve local habitats and biodiversity. The property in question was assessed as a part of the Vernon Coldstream Sensitive Ecosystem Inventory completed in 2007 and is situated within a core conservation and buffer area and includes a mixture of medium and low sensitivity ecosystems. The proposed new lot would be immediately adjacent to a wildlife corridor with the remainder lot incorporating the corridor.

Page 55 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2

OCP/RZ Application 12-0023-C-OR (James & Sheila Coughlin) Page 10

Human settlement pressures represent the greatest threat to sensitive ecosystems and include landscape fragmentation, disruption of natural disturbance regimes, edge effects, and invasive species introductions. If this application was to proceed protection of the ecosystems in both the new and remainder lots should be incorporated into any future developments. Given the high ecological importance of waterways and riparian areas, further subdivision of the remainder lot should be discouraged to prevent fragmentation of this corridor.

In addition to the potential impacts on ecosystems developments of this nature also raise a number of issues with regard to the cumulative impacts of increasing the number of residences in rural areas. Issues that need to be considered include; • Cumulative impacts of multiple septic fields. With the increasing number of septic fields in any one area, there is an increased risk of contamination of ground and surface water bodies. • Cumulative impacts of ground water extraction and long term supply. In considering the sustainability of a rural residential development more than just the needs of the initial home builders need to be considered. Increasing numbers of wells and groundwater extractions may impact existing users, hydraulically connected surface water bodies and associated ecosystems. Maintenance of adequate long-term supply for all communities (human and ecological) needs to be addressed when considering rural developments. • Transport and associated greenhouse gas emissions. Development in rural areas leads to an increase in vehicle use and longer vehicle trips both during development and once established, especially when residents commute for work, school and recreation activities. The small size of land parcels zoned Small Holding does not often result in on-site economically viable businesses and therefore residents are likely to need to commute for employment. With the growing concern regarding greenhouse gas emissions and climate change consideration of vehicle impacts, transport alternatives and proximity to services need to be incorporated into rural developments. • Fragmentation of the rural landscape. Preservation of the rural landscape and rural "way of life" are often expressed as concerns. On-going reductions in parcel size contribute to the fragmentation of the rural landscape changing its nature.

Submitted by:

Deputy Planning Manager Approved For Inclusion:

Endorsed by: R~ General Manager, Planning and Building Page 56 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2 REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2550

A bylaw to amend Rural Vernon Official Community Plan Bylaw No. 1708, 2003 and amendments thereto

WHEREAS pursuant to Section 876 [Authority to adopt a bylaw] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, adopt one or more official community plans;

AND WHEREAS the Board has enacted the “Rural Vernon Official Community Plan Bylaw No. 1708, 2003” and amendments thereto to provide a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan;

AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to an Official Community Plan and must consider every application for an amendment to the plan;

AND WHEREAS the Board has enacted the ”Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008” and amendments thereto to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit:

AND WHEREAS the Board is desirable and expedient to amend “Rural Vernon Official Community Plan Bylaw No. 1708, 2003”.

NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled, enacts as follows:

GENERAL

1. This Bylaw may be cited as “Rural Vernon Official Community Plan Amendment Bylaw No. 2550, 2012”.

2. The Official Community Plan marked Schedule “B”, attached to and forming part of the Rural Vernon Official Community Plan Bylaw No. 1708, 2003 and amendments thereto is amended by changing the designation of a 1.0 ha portion of the property legally described as Lot 2, Sec 20, Twp 5, ODYD, Plan KAP81991 and located at 7125 Tillicum Road, Electoral Area “C”, from Country Residential to Small Holdings as shown on Schedule “A” attached to and forming part of this bylaw.

Page 57 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2 Bylaw No. 2550, 2012 Page 2

Read a First time this 18th day of July, 2012

Bylaw 2550 considered in conjunction with the Regional District Financial Plan and Waste Management Plan this 18th day of July, 2012

Read a Second time this 3rd day of October, 2012

Advertised on this day of , 2014, and

this day of , 2014

Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act on this day of , 2014

Read a THIRD Time this day of , 2014

ADOPTED this day of , 2014

Chair Corporate Officer

Page 58 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2 4 PLAN 878 1 2.080 ha i'LAi\1 .'J?U

7 PLAN 878

AMD.LOT 5

5 2.000 ha PLAN 24288

2

1 1.15ha KAP92092 COV

; I

A PLAN 34570

PLAN 42914

2

SCHEDULE "A" to accompany the Regional District of North Okanagan "Rural Vernon Official Community Plan Amendment Bylaw No. 2550, 2012" (Coughlin}. Area redesignated from Country Residential to Small Holding shown ...... E:ZJ I hereby certify this to be a true and correct copy of SCHEDULE "A" attached to and forming part of the Regional District of North Okanagan "Rural Vernon Official Community Plan Amendment Bylaw No. 2550, 2012" (Coughlin}.

Dated at Goldstream, BC this ___ day of----,.....---, 2012

1:4,000 Page 59 of 167 Corporate Officer ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2 REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2551

A bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to change a zone designation

WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones;

AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto;

AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to a Zoning Bylaw and must consider every application for an amendment to the bylaw;

AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008” and amendments thereto to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit:

AND WHEREAS the Board has received an application to rezone property;

NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled, enacts as follows:

GENERAL

1. This Bylaw may be cited as “Rezoning Bylaw No. 2551, 2012”.

2. That a 1.0 ha portion of the property legally described as Lot 2, Sec 20, Twp 5, ODYD< Plan KAP81991 and located at 7125 Tillicum Road, Electoral Area “C”, be rezoned from the Country Residential Zone [C.R] to the Small Holding Zone [S.H] as shown on Schedule “A” attached to and forming part of this bylaw.

3. That the Zoning Map, being Schedule “A” to Zoning Bylaw No. 1888, 2003 be amended accordingly.

Read a First and Second time this 3rd day of October, 2012

Page 60 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.2 Bylaw No. 2551, 2012 Page 2

Advertised on this day of , 2014, and

this day of , 2014

Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act on this day of , 2014

Read a THIRD Time this day of , 2014

ADOPTED this day of , 2014

Chair Corporate Officer

Page 61 of 167 P.28973 4 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA 2 PLANNovember 878 6, 2014 -Item E.2 1 PLAN AMD.LOT 6 2.080 ha 16902 PLAN 878

1 7 PLAN PLAN 878 20861 7 AMD.LOT 5

WALLACE ROAD PLAN 878 5 8 1 2.000 ha PLAN 24288

KAP92091 2 2 3 2 3 4 1.16ha 4 1.00ha 1.16ha 5 KAP81991 KAP92090 PLAN 33712 4.830 ha 1 1.15ha KAP92092 COV.

SPK293 2 PLAN 33712 KAP83988 1 7 KAP81991 PLAN 30557 COV. 11 1 A17806 P. 36693 KAP70949 KAP67869 BX FALLS PARK EPP5084 A 36891 PLAN A P.31072 2.850 ha 10 2 PLAN 34570 PLAN 26635 KAP70949

42308 PLAN 42914 P.39937 2 2.040 ha 42873 KAP79899 KAP76274

1 2 P.42307 PLAN 5298 PLAN 5298 7125 Tillicum Road

SCHEDULE "A" to accompany the Regional District of North Okanagan "Rezoning Bylaw No. 2551, 2012" (Coughlin).

Area rezoned from Country Residential to Small Holding shown ......

I hereby certify thisDIXON to be DAM a true ROAD and correct copy of SCHEDULE "A" attached to and forming part of the Regional District of North Okanagan "Rezoning Bylaw No. 2551, 2012" (Coughlin).

Dated at Coldstream, BC this ______day of ______, 2012

______1:4,000 Page 62 of 167 Corporate Officer ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 13-0326-D-ALR

TO: Electoral Area Advisory Committee FROM: Planning Department DATE: October 27, 2014 Agricultural Land Commission Application No. 13-0326-D-ALR SUBJECT: (Smith) for the property located at 1092 Creighton Valley Road

RECOMMENDATION:

That the application of Reg and Lynne Smith under Sections 17(3) and 21(2) of the Agricultural Land Commission Act to include land in the Agricultural Land Reserve and to subdivide the property legally described as the SE 1/4 of Section 14, Township 41, ODYD, Except Plan 28906 and located at 1092 Creighton Valley Road, Electoral Area “D” not be authorized for submission to the Agricultural Land Commission.

BACKGROUND:

This report relates to an Agricultural Land Commission application to subdivide a 41.34 ha property located at 1092 Creighton Valley Road into two lots and to include the non-ALR portion of the property within the Agricultural Land Reserve (ALR).

The application was previously considered by the Board of Directors at the Regular Meeting held on February 5, 2014. At that time, the application proposed to subdivide the subject property by creating one 12 ha lot along the easterly side of the property and one 29 ha remainder lot. The application also proposed to include within the ALR a 3.75 ha and 0.30 ha portion of land located at the southeast corner and the northwest corner of the property. The attached Planning Department report dated November 14, 2013 provides more details related to the above noted proposal. After considering the application, the Board passed the following resolution:

That consideration of the Agricultural Land Commission Application from Reg and Lynne Smith (File No. 13-0326-D-ALR) be postponed pending receipt of a revised subdivision layout from the applicants which has the proposed lot encompass land of lower agricultural value to retain the higher quality agricultural land (hay field and pasture as identified on the site plan) as one farming unit.

In response to the Board’s direction, the applicants submitted a revised plan of subdivision which would create a 20 ha new lot and a 21 ha remainder lot. The revised proposal would exclude approximately 2.4 ha of pasture land from the remainder lot whereas the previous subdivision concept would have excluded approximately 3.4 ha of pasture land from the remainder lot. The revised plan would also exclude the southerly sloping area from the remainder lot. As with the previous proposal, the applicants also propose to include the non- ALR portions of the subject property into the ALR.

Page 63 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

The revised and previously proposed subdivision concepts are shown below.

PLANNING ANALYSIS:

After considering the original proposal, the Board directed the applicants to submit a revised subdivision layout which has the proposed new lot encompass land of lower agricultural value in order to retain the higher quality agricultural land (hay field and pasture) as one farming unit. The applicant has submitted a revised proposal which does not fully address the Board’s request. In this regard, the revised plan would not retain all of the higher quality agricultural land as one farming unit and instead would retain approximately one (1) ha more of pasture land within the remainder lot than the original proposal. The applicants have stated that the rationale for the revised layout is to include approximately 2.4 ha of pasture land within the new 20 ha lot so that it can be used as a hobby farm.

The Planning Department originally recommended that the proposal not be supported as it would not comply with the Agricultural Policies of the Electoral Areas “D” and “E” Official Community Plan which supports the agricultural use of lands in the ALR and the retention of large parcels in the ALR.

Based on the above, the Planning Department recommends that the subject application not be authorized for submission to the Agricultural Land Commission.

SUMMARY:

The subject application proposes to subdivide the property located at 1092 Creighton Valley Road pursuant to Section 21(2) of the Agricultural Land Commission Act. The application also proposes to include approximately 4 ha of land into the ALR pursuant to Section 17(3) of the ALC Act.

This report addresses a revised proposal for subdivision which was submitted by the applicant as follow-up to the resolution of the Board of Directors passed on February 5, 2014.

Page 64 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3 13-0326-D-ALR (Smith) Report to Electoral Area Advisory Committee- October 27, 2014 Page 3

The Planning Department recommends that the application not be authorized for submission to the Agricultural Land Commission as the size and soil characteristics of the ALR portion of the property allow it to be used for limited agricultural purposes and subdividing it would not be consistent the Agricultural Policies of the Electoral Areas "D" and "E" Official Community Plan which supports the retention of large parcels in the ALR. Furthermore, the revised proposal does not meet the intent of the Board resolution which encouraged the applicant to retain the higher quality agricultural land (hayfield and pasture) as one agricultural unit.

Submitted by: Reviewed by:

~ · GregA~~eyi Planner Deputy-. annmg Manager

Endorsed by:

Rob Smailes, MCIP, RPP General Manager, Planning and Building

Page 65 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3 ELECTORAL AREA "D" AGRICULTURAL LAND COMMISSION APPLICATION SUBJECT PROPERTY MAP File: 13-0326-D-ALR Applicant: Reg & Lynne Smith Location: 1092 Creighton Valley Road

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HiE >IFG o"> TEFIEl' O•'NERISi OESIGNAT EO H Eil EON I< F flCI!.V ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

REGIONAL DISTRICT OF NORTH OKANAGAN

Extract from the Minutes of a Meeting of the

Board of Directors

Held on

Wednesday, February 5, 2014

NEW BUSINESS

Agricultural Land Commission Application SMITH, L. and R. [File No. 13-0326-D-ALR]

Moved and seconded by Directors Cyr and Pearase That consideration of the Agricultural Land Commission Application from Reg and Lynne Smith (File No. 13-0326-D-ALR) be postponed pending receipt of a revised subdivision layout from the applicants which has the proposed lot encompass land of lower agricultural value to retain the higher quality agricultural land (hay field and pasture as identified on the site plan) as one farming unit. CARRIED

Page 68 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

REGIONAL DISTRICT PLANNING DEPARTMENT of NORTH OKANAGAN INFORMATION REPORT

APPLICATION UNDER SECTIONS 17(3) AND 21(2) OF THE AGRICULTURAL LAND COMMISSION ACT

DATE: November 14, 2013

FILE NO.: 13-0326-D-ALR

APPLICANT: Reg & Lynne Smith

LEGAL DESCRIPTION: The SE 1/4 of Section 14, Twp 41, ODYD, Except Plan 28906

P.I.D.# 013-585-258

CIVIC ADDRESS: 1092 Creighton Valley Road

PROPERTY SIZE: 41.34 ha (102.15 acres)

SERVICING: On-site well and septic sewage disposal

A.L.R. 38.0 ha in ALR

SOIL CLASSIFICATION: Class 5 within ALR, Class 7 out of ALR

ZONING: Non Urban (N.U)

O.C.P. DESIGNATION: Agricultural / Non Urban / Major Road / Riparian DP Area

PROPOSAL: Subdivision within the ALR to create 1 lot plus a remainder lot

PLANNING DEPARTMENT RECOMMENDATION:

That the application of Reg and Lynne Smith under Sections 17(3) and 21(2) of the Agricultural Land Commission Act to include land in the Agricultural Land Reserve and to subdivide the property legally described as the SE 1/4 of Section 14, Township 41, ODYD, Except Plan 28906 and located at 1092 Creighton Valley Road, Electoral Area “D” not be authorized for submission to the Agricultural Land Commission.

BACKGROUND:

This report relates to an application to subdivide, within the Agricultural Land Reserve (ALR), a 41.34 ha property located at 1092 Creighton Valley Road. The proposed subdivision would create one new 12 ha lot and a 29.34 ha remainder lot. In addition, the applicants propose to include approximately 3.8 ha of land within the ALR. As the property is located within the ALR, approval of the subject application must be obtained from the Agricultural Land Commission.

Page 69 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

Agricultural Land Commission Application 13-0326-D-ALR (Reg & Lynne Smith) Page 2

Site Context and the Proposal

The subject property is located on the south side of Creighton Valley Road. Creighton Creek flows east to west through the central portion of the property along the base of a treed mountainside which rises to the south. Between Creighton Creek and Creighton Valley Road, the property is developed with a house and farm buildings and consists of pastures, hayfields, treed bluffs, and a swampy area near the creek at the northwest corner of the property.

The subject property is zoned Non-Urban (N.U) and is designated Agricultural and Non-Urban in the Electoral Areas “D” and “E” Official Community Plan. The majority of the property is within the ALR with the exception of a +3.75 ha area at the southeast corner of the property and a +0.3 ha area fronting on Creighton Valley Road. The non-ALR portion in the southeast corner is steep and heavily treed while the smaller non-ALR area fronting on the road is generally flat, primarily open with a few trees, and similar in character to adjoining pasture land in the ALR.

The zoning, OCP designation and ALR status of adjacent properties are as follows:  North – zoned Non-Urban (N.U), designated Non-Urban and Agricultural, partially in the ALR;  Northeast – “Camels Hump Guest Ranch” zoned Recreation Commercial (C.5) and Non- Urban (N.U), designated Commercial, Non-Urban, and Agricultural, partially in the ALR;  East – zoned Non-Urban (N.U), designated Non-Urban and Agricultural, partially in the ALR;  South – Crown Land zoned Large Holdings (L.H), designated Resource and Agricultural, partially in the ALR;  West – zoned Non-Urban (N.U), designated Agricultural, within the ALR.

The following ortho photo of the subject and surrounding properties was taken in 2007.

Page 70 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

Agricultural Land Commission Application 13-0326-D-ALR (Reg & Lynne Smith) Page 3

ALR Boundary Review

The Regional District carried out a review of the ALR boundaries in Electoral Areas “D” and “E” in the late 1990s. As part of this process, involving extensive public consultation, the RDNO developed a list and map of areas suggested for exclusion, inclusion, or for further study by a soil scientist. As part of this review, the subject property was not identified for further study and was not recommended for exclusion or inclusion.

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, topography, and climate characteristics. As the class numbers increase from Class 1 to 7, the range of potential 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 practices have been implemented, such as irrigation, stone removal or drainage.

Class 1 soils have no significant limitation in use for crops. Class 2 soils have moderate limitations that restrict the range of crops or require moderate conservation practices. Class 3 soils have moderately severe limitations that restrict the range of crops or require special conservation practices. Class 4 soils have severe limitations that restrict the range of crops and/or require special conservation practices. Class 5 soils have very severe limitations that restrict their capability to producing perennial forage crops. Class 6 soils are capable only of producing perennial forage crops and improvement practices are not feasible. Class 7 soils have no capability for arable culture or permanent pasture.

With the exception of the non-ALR area in the southeast corner, the unimproved rating of the subject property is Class 5 with limitations related to low moisture holding capacity and stoniness. This area could potentially be improved to Class 4 with limitations related to stoniness and topography. The unimproved rating of the non-ALR area within the southeast corner of the property is Class 7 with limitations related to topography and shallowness to solid bedrock. An improved rating is not provided for this area.

OFFICIAL COMMUNITY PLAN:

The Electoral Areas “D” and “E” Official Community Plan designates the land use of the ALR portion of the subject property as Agricultural and the non-ALR portions as Non-Urban. The areas within 30 metres of Creighton Creek and its tributaries are designated as a Riparian Development Permit Area for protection of natural features, functions and conditions that support natural processes. Creighton Valley Road is classified as a Major Road. The following OCP Land Use Policies are relevant for this application:

Agricultural Land Policies 1) Agricultural lands are designated on OCP map Schedules B, B1 & B2 and are within the ALR and the Agricultural Land Commission Act will take precedence;

Page 71 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

Agricultural Land Commission Application 13-0326-D-ALR (Reg & Lynne Smith) Page 4

2) Lands designated Agricultural and within the ALR 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 ALC Act, Regulations, Orders and Policies of the Commission; 3) The minimum parcel size for Agricultural lands shall be 30.5 ha. Large parcel sizes and setbacks are encouraged and supported through the Zoning Bylaw regulations to minimize the potential for land use conflicts and to support long term agricultural use consistent with Agricultural Land Commission Act objectives; 4) Support the Agricultural Land Commission in its efforts to protect and enhance farmland. Where land is in the ALR, minimum parcel sizes shall apply only when the land is: a) excluded from the ALR; or b) approved for subdivision within the ALR pursuant to the Agricultural Land Commission Act, regulations thereto, or orders of the Commission; or c) exempted by the Agricultural Land Commission Act, regulations thereto, or orders of the Commission; 5) The Land Reserve Boundaries underwent a comprehensive review through the 2001 OCP process and the revised boundaries are reflected on Schedule B, B1 & B2. Having successfully completed this review, the RDNO is unlikely to advance additional requests for exclusions. If an exclusion application is advanced, the application will need to be supported by a soil analysis conducted by a professional agrologist or a soil scientist, concluding that the land is physically incapable of supporting agriculture as evaluated. Additionally it must be demonstrated that there are no negative impacts on agriculture. This information is to be provided at the expense of the landowner. 6) The rural character of Electoral Areas ‘D’ and ‘E’ shall be maintained to encourage the establishment of the widest range of agricultural activities. 7) Encourage strategies that will see large agricultural land holdings retained and parcels consolidated and operated as single agricultural operations rather than broken up as individual land tenures with multiple ownership.

Rural Land Use Policies 1) Low density rural lands are those used for, or having potential for resource extraction and that are not suitable for intensive development because of limitations including but not limited to elevation, slope, water, accessibility, distance to community services, disruption of existing resource or agricultural uses, or interference with watershed conservation and are designated as Large Holdings (L.H) and Non-Urban (N.U). 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).

Development Permit Areas A 30 m wide strip measured from the high water mark on either side of the Creighton Creek and its tributaries are identified as being within a Riparian Development Permit Area for protection of natural features, functions and conditions that support natural processes.

Transportation Policies Transportation policies relevant to this application state that Major Roads shall have a minimum width of 25 m.

Page 72 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

Agricultural Land Commission Application 13-0326-D-ALR (Reg & Lynne Smith) Page 5

ZONING BYLAW:

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 single and two family dwellings, manufactured homes, ancillary single family dwellings, accessory buildings and structures, accessory farm sales, bed and breakfast uses, boarding house uses, community care facilities, fruit and produce pickers’ cabins and work force housing units, home occupations, intensive and limited agricultural uses, packing houses, public parks and playgrounds, rapid infiltration and spray irrigation of treated effluent, resource uses, veterinary clinics, wineries and cideries.

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; and 3) one ancillary single family dwelling on land in and out of the ALR.

PLANNING ANALYSIS:

The Planning Department recommends that this application for subdivision within the ALR not be authorized for submission to the Agricultural Land Commission as it does not comply with the Agricultural Policies of the Electoral Areas “D” and “E” Official Community Plan which supports the agricultural use of lands in the ALR, and the retention of large parcels in the ALR.

The applicants have noted that approximately 10 ha of the 12 ha parcel proposed to be created by subdivision are mountainous and not farmable. The southeast portion of the subject property, including the area proposed for ALR inclusion, is described on the applicant’s site plan as “very steep” and is rated in the Canada Land Inventory as Class 7, which is considered to have no capability for crops or permanent pasture.

In an improved condition, the ALR portion of the property and the non-ALR portion fronting the south side of Creighton Valley Road are rated as having severe limitations that restrict the range of crops and/or require special conservation practices. In an unimproved state, these lands would have very severe limitations that restrict their capability to producing perennial forage crops. Reducing the size of the property through subdivision would further limit the farming options available to the property. The OCP supports the retention of large parcels in the ALR in order to support their long term agricultural use.

The proposal to include approximately +3.75 ha of steep, non-arable land into the ALR would have little or no value to agriculture. For this reason, the Planning Department does not recommend support for inclusion of the southeast corner into the ALR. The proposal to include the +0.3 ha portion of non-ALR land into the ALR is more reasonable as the agricultural capability rating and current use of this non-ALR area is the same as the contiguous ALR portion however there would be negligible benefit to agriculture given the small size and limitations of the area.

During the 1999 ALR boundary review, no changes to the ALR boundary in proximity to the subject property were recommended by RDNO nor approved by the ALC.

Page 73 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

Agricultural Land Commission Application 13-0326-D-ALR (Reg & Lynne Smith) Page 6

Approval of the request to subdivide within the ALR could set a precedent that may lead property owners to believe that agricultural parcels in the surrounding area can be subdivided. This in turn could lead to additional requests for subdivision within the ALR. The creation of smaller parcels in agricultural areas can also affect land values in the area by giving the impression that farm land can be used for non-agricultural development. This may result in artificial inflation of the value of agricultural land making it more difficult for farmers to purchase.

SUMMARY:

The subject application proposes to subdivide the property located at 1092 Creighton Valley Road pursuant to Section 21(2) of the Agricultural Land Commission Act. The application also proposes to include approximately 3.8 ha of land into the ALR. The applicant is proposing to subdivide the subject property to create one new 12 ha lot and one remainder 29 ha lot. The Planning Department recommends that the application not be authorized for submission to the Agricultural Land Commission as the size and soil characteristics of the ALR portion of the property allow it to be used for limited agricultural purposes and subdividing it would not be consistent the Agricultural Policies of the Electoral Areas “D” and “E” Official Community Plan as doing so would limit the long term agricultural use of the property

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 The Committee reviewed the application at their meeting on October 17, 2012 and provided the following comments:  No benefit for agriculture and no reasons given to help support the application;  Breaking up a large field limits ability to farm (hay) a property;  Proposal would not be positive for agriculture; and  Subdivision would make farming difficult and diminish the farming potential of the subject property. 5. Building Inspection Department There are no records of Building Permit issuances for residences on the property. There is a cluster of buildings shown on the site plan for which the buildings do not have designated uses. [As follow-up to the referral response from the Building Inspector, staff contacted the applicant to request a site plan identifying all buildings on the property. A site plan was subsequently submitted which indicates there is one house on the property.] 6. Ministry of Transportation and Infrastructure The Ministry of Transportation and Infrastructure (MoTI) has no objections to the proposed subdivision layout. If the applicants move forward with their subdivision, an application will be required to MoTI and will be subject to all the applicable legislation.

Page 74 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

Agricultural Land Commission Application 13-0326-D-ALR (Reg & Lynne Smith) Page7

7. Integrated Land Management Bureau 8. Ministry of Agriculture 9. Ministry of Environment I Ministry of Natural Resource Operations

Submitted by: '~~- Marnie Skobalski, MCIP, RPP Planner Approved For Inclusion:

Endorsed by:

Rob Smailes, MCIP General Manager, Planning and Building

Page 75 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

REGIONAL DISTRICT OF NORTH OKANAGAN

Extract from the Minutes of a Meeting of the

Regional Agricultural Advisory Committee

Held on

Thursday, October 17, 2013

Agricultural Land Commission Application SMITH, R. & L. [File No. 13-0326-D-ALR]

Discussion ensued regarding the following:  Reasons for the application;  Soil capabilities for the non-ALR portion of the subject property;  Issues/difficulties with farming in the Creighton Valley Road area;  Issues/difficulties to farm a smaller parcel; and  Irrigation, size and topography of the subject property;

Comments:  No benefit for agriculture and no reasons given to help support the subdivision;  Breaking up a large field limits ability to farm (hay) a property;  Proposal would not be positive for agriculture; and  Subdivision would make farming difficult and diminish the farming potential of the subject property.

Page 76 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.3

ELECTORAL AREA "D" AGRICULTURAL LAND COMMISSION APPLICATION SUBJECT PROPERTY MAP File: 13-0326-D-ALR Applicant: Reg & Lynne Smith Location: 1092 Creighton Valley Road

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REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 3046.01.04

TO: Electoral Area Advisory Committee FROM: Sustainability Coordinator DATE: October 17, 2014 SUBJECT: Community Works Fund Project #097

RECOMMENDATION: That the Swan Lake Water Quality Assessment be funded from the Community Works Fund at a cost of up to $31,148.00 as per the proposal presented by Western Water Associates.

DISCUSSION Swan Lake is situated north of Vernon, BC and surrounded by a range of land uses including industrial, commercial, residential and agricultural. Highway 97 runs along the east shore where the majority of the commercial and industrial lands exist.

The RDNO is interested to find out what influence, if any, adjoining land uses, existing sewerage disposal systems and storm water are having on water quality in Swan Lake. There is no sewage system serving the lands around the lake and existing sewerage disposal systems include individual septic systems and holding tanks. Various historical developments exist near the lake and there is concern regarding the impact of land use activities on water quality.

Historical monitoring on Swan Lake is very limited. The BC Ministry of Environment has not undertaken any monitoring however, a volunteer with the BC Lake Stewardship Society did carry out a Level 1 monitoring and assessment program between 2009 and 2011. This program included water temperature and water clarity and from this work Swan Lake was determined to be mesotrophic.

Impetus for this project stems from a number of reasons including anecdotal evidence that a plume develops between Meadowlark and Elmwood roads on the east side of the lake over the summer months.

A request for proposals was posted in August 2014 to design a program to measure the influence of surrounding land uses on water quality in Swan Lake, particularly any influences from sewerage disposal systems. Six proposals were received with varied water quality monitoring programs.

Western Water Associates were selected by RDNO staff as their proposal received the highest weighting in the proposal evaluation. The proposal includes the following: • Highest number of samples over broadest spread of sampling sites including a site reconnaissance to identify hot spots for the monitoring over the rest of the program • Sampling over low, high and receding water – across the seasons • Includes groundwater assessment

Page 80 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.4 CWF#097 Report to EAAC- October 17, 2014 Page 2

COMMUNITY WORKS FUND The project has been assessed utilising the Regional District of North Okanagan Community Works Fund (CWF) Tier 2 project assessment which is attached to this report for your review and information. The project is eligible for funding in two categories; Wastewater and Capacity Building. As the project is designed to identify what influence adjoining land uses, existing sewerage disposal systems and storm water are having on water quality in Swan Lake, it will inform future considerations of servicing for the Swan Lake Corridor. The Swan Lake Corridor is identified as a future growth area in the Regional Growth Strategy and important from an employment lands perspective, contingent on improved servicing. Therefore, the results of this project will inform implementation of the RGS and future waste water management in the area.

ADDITIONAL FUNDING SOURCE

This project would fit the criteria for Okanagan Basin Water Board grant funding. The 2015 funding deadline will be in February with notification in April and cannot be used for projects that have already begun. Therefore, if this Assessment were to be begun prior to the spring of 2015, it could be broken into two phases, with the first funded from the Community Works Fund and the second potentially from the OBWB grant, if successful. The full cost of the Assessment is included here to ensure full funding is in place. If we are successful in obtaining OBWB funding some of the cost could be off-set.

SUMMARY: It is recommended that the Swan Lake Water Quality Assessment be funded from the Community Works Fund at a cost of up to $31,148.00

Submitted by: I I // J . ) <:.:_____ I (

Anria~Page Sustainability Coordinator

I Endorsed by: /"pproved fd lnclubion:

Rob Smailes, MCIP, RPP General Manager, Planning and Building

Page 81 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.4

Community Works Fund Project Assessment – Tier 2 Over $8,000

Date: October 3, 2014

Project #: 097

Recipient: RDNO

Project Cost: $31,148.00

Project Description: Funding of a water quality monitoring assessment on Swan Lake to identify what influence adjoining land uses, existing sewerage disposal systems and storm water are having on water quality in Swan Lake.

Project Eligibility Yes Explanation  RDNO Eligible funding recipient?

 Eligible costs?

If project is related to a building, is the building primarily used for public good?

Benefits of the Project – Yes Explanation  Provide valuable information about a Benefit to local community community asset.

Benefit to Electoral Area  Swan Lake is a highly used recreational resource, enjoyed by residents from Benefit to more than one throughout the Greater Vernon area and Electoral Area beyond.

Benefit to all Electoral Areas

Benefit to entire Regional District

Page 82 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.4

Does the Project meet funding agreement categories? Project Category Yes

Public Transit – infrastructure that supports a shared passenger transport system available for public use

Community Energy Systems – infrastructure that generates or increases the efficient use of energy

Drinking Water – infrastructure that supports drinking water conservation, collection, treatment and management systems  Wastewater – infrastructure that supports wastewater and storm water collection, treatment and management systems.

Solid Waste – infrastructure that supports solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage.  Capacity Building – investments related to strengthening the ability of local governments to develop long-term planning practices

Local roads, bridges (roads, bridges and active transportation infrastructure

Sport Infrastructure – amateur sport infrastructure

Recreational Infrastructure – recreational facilities and networks.

Cultural Infrastructure – infrastructure that supports arts, humanities and heritage

Tourism Infrastructure – infrastructure that attract travelers for recreation, leisure, business or other purposes.

Disaster Mitigation – infrastructure that reduces or eliminates long-term impacts and risks associated with natural disasters.

Does the Project work towards achieving one of the three key national objectives? Fund Priorities Yes Explanation Productivity and Economic Growth  If the water quality monitoring program indicates that there are significant impacts on Clean Environment the water quality of Swan Lake, further work could be undertaken to reduce impacts.  As a well utilized sport and recreation asset, and a valuable wildlife habitat area, Swan Strong Cities and Communities Lake enhances the community providing for healthy residents.

Page 83 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.4

Does the Project incorporate principles of Sustainability? Principles of Sustainability Yes Explanation  Swan Lake is well used community resource Social for recreational and sporting activities. Environmental (e.g. energy  Swan Lake provides important wildlife habitat, efficiency, water savings etc) especially for waterfowl.  As a valuable community asset, Swan Lake enhances the Greater Vernon area, making it Economic attractive as a place to live and visit, which enhances the local economy.

Other benefits of the Project Project Benefits Yes Explanation  If the water quality assessment indicates that the surrounding land uses and waste water Education value are negatively impacting Swan Lake, education and awareness programs could be informed by the results. Public Awareness (media opportunities) Leverage of additional  RDNO staff will apply for OBWB grant resources (funds, volunteer funding for this project time, in-kind contributions) Integration with other Regional District of North Okanagan initiatives The RDNO is involved with a number of projects that involve the monitoring of water quality in significant water bodies within the region including the Shuswap River and

Kalamalka Lake. This project is consistent with these and will inform broader discussions regarding the Swan Lake Corridor and infrastructure planning.

The Swan Lake Corridor is identified as a future growth area within the Regional Growth Strategy and is considered within the Regional Employment Lands Action Plan project. Justification for prioritisation of project

Concerns with respect to the potential impact surrounding land uses and waste water systems are having on Swan Lake have been raised by community members during the recent Electoral Area B and C OCP review and directly with the Area B director. Very little water quality data exists for Swan Lake and the proposed study would provide both a baseline of conditions in the lake and an indication of the influence land use activities and waste water are having on the lake.

Distribution of Funds

Electoral Area B

Staff Recommendation

That the Swan Lake Water Quality Assessment be funded.

Page 84 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.5

REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 3046.01.04

TO: Electoral Area Advisory Committee FROM: Sustainability Coordinator DATE: October 17, 2014 SUBJECT: Community Works Fund Project #085

RECOMMENDATION: That the Mara Community Hall Water System Upgrade be funded from the Community Works Fund at a cost of up to $18,237.66.

DISCUSSION The Mara Community Hall has been informed by Interior Health that their current drinking water system does not meet the standards of the Drinking Water Protection Act. The Environmental Health Officer has indicated that the existing water treatment system must be replaced and upgraded by year end for the hall to continue to utilize their water source. Due to the existing water source being extremely hard, the water source will be changed from a well to the Shuswap River and a UV and chlorine disinfection system installed. Installation of the intake line and stand in the Shuswap River will require diving access.

COMMUNITY WORKS FUND The project has been assessed utilising the Regional District of North Okanagan Community Works Fund (CWF) Tier 2 project assessment which is attached to this report for your review and information. The project is eligible for funding in the Drinking Water category, infrastructure that supports drinking water collection, treatment and management systems.

SUMMARY: It is recommended that the Mara Community Hall Water System Upgrade be funded from the Community Works Fund at a cost of up to $18,237.66.

Submitted by:

Anna Page Sustainability Coordinator

Endorsed by: ( Approved fon lnolus~on:

' ~ \ R6bST11aiJes,MCIP, RPP General Manager, Planning and Building

Page 85 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.5

Community Works Fund Project Assessment – Tier 2 Over $8,000

Date: October 1, 2014

Project #: 085

Recipient: Mara Musical and Athletics Association- Mara Community Hall Water Disinfection System Up-grade

Project Cost: $18,237.66

Project Description: The Mara Community Hall has been informed by Interior Health that their current drinking water system does not meet the standards of the Drinking Water Protection Act. The Environmental Health Officer has indicated that the existing water treatment system must be replaced and up-graded.

The new proposed up-grade to the Mara Hall water disinfection system will include a change in water source, to the Shuswap River, relocation of the existing pump and installation of UV and Chlorine treatment. The works and costs are outlined in the attached Mountain View Electric cost estimate, dated September 25, 2014, for $16,722.00.

During the process of identifying a suitable water source, Mountain View Electric has taken two water samples and had a comprehensive analysis run on each, for a total cost of $1,515.66.

Project Eligibility Yes Explanation Mara Musical and Athletes Association. Eligible funding recipient?  Expenditures associated with acquiring a Eligible costs?  tangible capital asset If project is related to a building, Community Hall. is the building primarily used for  public good?

Benefits of the Project – Yes Explanation  Improvement in facilities at Mara Community Benefit to local community Hall.

Benefit to Electoral Area

Benefit to more than one Electoral Area

Benefit to all Electoral Areas

Benefit to entire Regional District

Page 86 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.5

Does the Project meet funding agreement categories? Project Category Yes

Public Transit – infrastructure that supports a shared passenger transport system available for public use

Community Energy Systems – infrastructure that generates or increases the efficient use of energy

Drinking Water – infrastructure that supports drinking water conservation,  collection, treatment and management systems

Wastewater – infrastructure that supports wastewater and storm water collection, treatment and management systems.

Solid Waste – infrastructure that supports solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage.

Capacity Building – investments related to strengthening the ability of local governments to develop long-term planning practices

Local roads, bridges (roads, bridges and active transportation infrastructure

Sport Infrastructure – amateur sport infrastructure

Recreational Infrastructure – recreational facilities and networks.

Cultural Infrastructure – infrastructure that supports arts, humanities and heritage

Tourism Infrastructure – infrastructure that attract travelers for recreation, leisure, business or other purposes.

Disaster Mitigation – infrastructure that reduces or eliminates long-term impacts and risks associated with natural disasters.

Does the Project work towards achieving one of the three key national objectives?

Fund Priorities Yes Explanation Productivity and Economic Growth

Clean Environment

 Mara Hall is a focal centre for the community, Strong Cities and Communities providing a central point for activities, functions and events.

Page 87 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.5

Does the Project incorporate principles of Sustainability?

Principles of Sustainability Yes Explanation  Mara Hall is a local community resource providing facilities for community events and Social functions. Such facilities can strengthen the sense of community, providing a focal point for local activities. Environmental (e.g. energy efficiency, water savings etc)

Economic

Other benefits of the Project Project Benefits Yes Explanation  Provides an opportunity to inform the public Education value of the importance and technologies available to provide clean healthy drinking water. Public Awareness (media opportunities) Leverage of additional resources (funds, volunteer time, in-kind contributions)

Integration with other Regional District of North Okanagan initiatives

The RDNO has utilized the Community Works Fund to support improvements to community facilities such as halls throughout the life of the funding program.

Justification for prioritisation of project

Mara Hall currently has a boil water notice in place and the Environmental Health Officer requires an improved system. The proposed water disinfection system at Mara Hall will meet the requirements of the Environmental Health Officer.

Distribution of Funds

Area F

Staff Recommendation

That the Mara Community Hall Water System Up-grade be funded from the Community Works Fund for up to $18,237.66.

Page 88 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.5

PO Box 467 1009 Belvedere Street Enderby, BC VOE 1VO Phone: 250-838-6455 Fax: 250-838-6732 MOUNT/\IN VIEW ELECTRICLTD. [email protected]

September 25, 2014 Reference Number: 14-3151

Mara Community Hall 11 Coeii-Jones Road Mara, BC VOE 2KO

Attention: Karen Rohats

SUBJECT: Water Disenfection System Upgrade

Please find here our cost for the following:

Submit a construction permit to Interior Health Install a new 2" intake line from the basement of the hall to the river Diving charges to set intake and intake stand included. Excavation charges included Relocate the existing jet pump and pressure tank from the crawlspace to the basement Install a NEXSAND Model 263-742 2.0 Cu.ft backwash filter after the pressure tank Connect the drain line of the backwash filter to the hall system drain line Install a 1 micron cartridge filter, DGD-2501-20 Dual Gradient, polypropylene. 4.5" x 20" Big Blue Filter Housing. after the backwash filter Install a Trojan UVMAX PRO 20 UV Disinfection system c/w disconnect solenoid after the cartridge filter Install JLP1000-2PPG Plastic 1"flow meter, 2 Pulse/Gallon after the UV filter to monitor different flow rates of water and adjust chlorination pump accordingly Install Stenner S1N45MRH2A1S Peristaltic chlorine injection pump controlled by the flow meter. Stenner Control Module 0.1-1 sec, PCM1 included. Connect the new filtration system to the existing water lines Install (2) receptacles for the UF filter and chlorine injection pump Flush and disenfect all water lines for the hall Remove the existing water softener from the water system Submit a water sample to Interior Health for water potability approval All materials installed, NSF-61 approved. Specification sheets to be submitted to IHA Engineering for approvals.

Installed Cost: $ 16,722.00 GST extra

1 Page 89 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.5

PO Box 467 1009 Belvedere Street Enderby, BC VOE 1VO Phone: 250-838-6455 Fax: 250-838-6732 MOUNTAIN VIEW ELECTRICLTD. [email protected]

Should you have any further questions or concerns, do not hesitate to contact me at 250-838- 6455.

Thank you for allowing us to be of service to you again.

}[::_~ Darren Kerkhof

2

Page 90 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA POBox~7 November 6, 2014 -Item E.5 1009 Belveder& S!reet End&rby, BC ¥0E 1VO 250·838-$455

MOUNTAIN VI£'.V ELECTRIC LTD.

MARA COMMIJIIITY HAU 11 com. J01::,s RD. : -::=:.. W..'V._ 6C VO£ 2KO Statement Date Our Reference""

lun09/14 MAAACO Attention: KA.W~ ROHA"G

.~&-, CAlC Wucitc.c;o;U:1;,.,. · 'J'LI."'S.. -n~t uu.a: ~U :~ WI' . ~ti# z ~'f"'-':(~ . Wl973o M.>yl0/ 14 WATER TREA IN n4.92 W)~S97 .1\aylO/ H WATER TREA IN ~0.74 790.74

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Page 91 of 167 MOUNTAIN VIEW ELECTRIC LTD . P . O Box 467 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA 1009 Belv edere Street Enderby, British Col uUfubmEul~a~, ~C~A~NriV~OTt~~l~V~~~------­November 6, 2014 -Item E.5 Telephone : 250- 838- 6455 Fax : 250- 838- 6732

------,~ - - INVOICE Sold To: :I W39897 MARA COMMUNITY HALL \,I Invoice Number: Invoice Date: May 30/14 11 COELL JONES RD . Terms: NET 30 MARA , BC Customer Code: MARA CO VOE 2KO Reference: Att : KAREN ROHATS Customer Order: ------Work Order # : 14- 1299 Work Order Type: Water Treat Job Location: Job Location: 11 COELL JONES RD . 11 COELL JONES RD . Called By: KAREN MARA , BC Starting Date: Mar 24/14 250- 838- 0626 Ending Date: Apr 7/14

Total

Work Performed COMPRHENS IVE WATER ANALYSIS TEST FOR INTERIOR HEALTH CALL KAREN FOR ACCESS TO THE HALL

PLEASE SEE ATTACHED REPORT 187 . 50 WATE R SYSTEMS TECHNICIAN 2 . 50 Hrs 1 . 00 51 . 20 51 . 20 FECAL COLIFORMS TEST 51 . 20 51 . 20 HPC IN WATER TEST 1. 00 1 . 00 448 . 00 448 . 00 POTABILITY , IH COMPREHENSIVE 15 . 19 15 . 19 GREYHOUND WAY BILL 61020343182 1 . 00 565 . 5 9 Total- Other Char ges

I

!- ---- .... ---· - -.... ------_I 753 . 09 i - CONDITIONS - Subtotal 2% PER MONTH ON OVERDUE ACCOUNTS

GST/BN# (103779815) 37 . 65

Total Invoice 790 . 74

L

Page 92 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.6

REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 3046.01.04

TO: Electoral Area Advisory Committee FROM: Planning Department DATE: October 23, 2014 Public Participation Strategy for the Electoral Area "F" Official SUBJECT: Community Plan Review

RECOMMENDATION:

That the Public Participation Strategy for the Electoral Area "F" Official Community Plan Review be received for information.

DISCUSSION:

The current Electoral Area "F" Official Community Plan (OCP) was adopted in 2004. On August 20, 2014 the Board of Directors endorsed the Terms of Reference for the Review and update of the Electoral Area "F" Official Community Plan. Funding for the review in the amount of $77,600.00 from the Community Works Fund was confirmed at the September 17, 2014 regular meeting of the Board.

A Public Participation Strategy has been developed to help guide the review process as well as identify various opportunities for public consultation. The participants, activities and timing outlined in the strategy are based on what is deemed possible, ideal and useful during the OCP review planning process. Adjustments may need to be made to the public participation strategy during the review process to reflect changing opportunities and timeframes.

Endorsed by:

Rob rna es, MCIP, RPP 1David sel General Manager, Planning and Building Chief Administrative Officer

Page 93 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.6

Electoral Area “F” OCP Review Public Participation Strategy Purpose

The purpose of this document is to outline the strategies, tasks, and activities that will be used to engage a broad cross-section of people in the review and up-date of the Electoral Area “F” Official Community Plan. Participants, Roles and Activities

Participants in the review process are outlined below along with the roles they will play.

Steering Committee The steering committee will be an integral part of the OCP process, serving as a “community sounding board” throughout the planning process. The committee will be formed from members of the Electoral Area “F” Advisory Planning Commission and other key community members to oversee the review process, identify community issues, provide input on policy development and assist with community engagement. The committee, which is intended to represent a variety of community viewpoints, will provide ongoing advice and feedback to ensure public engagement and strategies are effectively carried out, and that the results obtained from the engagement are properly integrated into the plan.

The Steering Committee is expected to meet between 4 and 6 times during the review.

Community Members Participation by members of the community is critical to shaping the review process and identifying the issues that are to be addressed. Participation will be sought through a variety of mechanisms including open houses, community association meetings, and focus group discussions to identify issues and concerns as well as share ideas and provide feedback at key points throughout the project.

• A survey will be developed in both an on-line and paper format to provide a mechanism through which significant numbers of people can participate in the review process. Surveys are a valuable tool for providing access to the process for people who are unable to, or prefer not to, attend public meetings and focus group discussions. Staff will explore the potential to carry out a phone survey to obtain a higher response rate. • Community focus group meetings will be utilized as a means to review policies and discuss specific issues. These may take the form of small, interest group oriented meetings, or larger public meetings that include facilitated focus sessions. • Community participation will also be sought at existing community events which will provide opportunities for community members to engage in the planning process. Setting up opportunities at such events often captures people who may not turn out at more traditional public participation activities.

Page 94 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.6

• An Interim report will be developed to provide an up-date of the issues and concerns identified by the community and will be posted online and provided at public open houses.

Government Agencies Linkage to other government agencies, their activities and policies is a significant part of the planning process. Provincial Ministries, neighbouring local governments and First Nations, as well as School District 22, have been notified of the initiation of this review process, invited to participate and will be provided with a referral of the proposed OCP once it has been drafted.

RDNO Staff A team of RDNO Planning staff will be undertaking the OCP review and will address existing issues identified from implementation of the existing OCP. Staff from other departments and at the City of Enderby will be consulted throughout the process as required on issues such as parks, trails, infrastructure and building.

Communication and Notification of Events Various methods will be employed to inform the community of the OCP review and opportunities for participation. These will include identifying and contacting existing community groups, associations and networks, advertising at community facilities (e.g. Library, Community Halls), newspaper advertisements & feature stories and the RDNO website.

Public Participation & Timing As the project progresses, the review process or timeframes might need to be amended to address new issues or allow for more in-depth policy development on community discussions. Such flexibility ensures that the planning process remains responsive to the needs of all participants.

During the development of an official community plan, the local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected. The following consultation opportunities have been designed to ensure early notification and engagement in the review process.

Tasks- Electoral Area “F” OCP Review Timeline

Project Initiation Board approves Terms of Reference for the Electoral Area “F” Sept 2014 OCP review Appointment of the Electoral Area “F” OCP Review Steering Oct 2014 Committee Government Agencies notified and invited to participate Oct 2014 Webpage and Graphics Development for Planning Process Oct-Nov 2014

Page 95 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.6

Phase 1: OCP Review and Update High level review of existing OCP Nov –Dec 2014

Initiate Public Consultation to establish Community Vision, Goals & Oct 2014 - Jan Objectives 2015 Community Association Meetings Nov –Dec 2014

General Public Information Meeting / Open House Jan On-line / Print & Phone Survey Nov-Jan

Detailed review and development of goals and objectives Jan – March 2015

Detailed review and development of land use designations and Jan – March 2015 policies Detailed review of Development Permit Area Policies Jan-March 2015 Review Sensitive Habitat Inventory and Foreshore Inventory Jan – March 2015 Mapping (DPA) & Biodiversity Conservation Strategy. Staff prepare Draft 1 of OCP May – June 2015

Checking In- Did we Get it Right? Public Review of Draft 1 of OCP June – July 2015

Steering Committee Meeting to Review Draft June 2015

Focus Group / Citizen Led Meetings to review Draft Plan July 2015 Attend Community Events June- July 2015 Public Open House July 2015 Staff prepare Draft 2 of OCP Aug 2015

Phase 2: OCP Bylaw Adoption Report to Board for 1st reading and referral to relevant agencies, Sept 2015 municipalities, First Nations, and Regional Districts Bylaw Revisions based on referral comments Oct 2015 Report to Board for 2nd reading and referral to public hearing Nov 2015 Public Hearing Dec 2015

Report for 3rd & 4th reading / Adoption Dec 2015 - Jan 2016

Conclusion Public participation is a vital component in the process of reviewing an OCP, the intent of which is to provide a long-term vision for the community, reflecting the community’s values for the area and their aspirations with regard to land use planning. The community needs to have multiple opportunities and mechanisms to participate in the review process and influence the final product.

Page 96 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 3060.26

TO: Electoral Area Advisory Committee FROM: Planning Department DATE: October 21, 2014 SUBJECT: Soil Removal and Deposit Bylaw No. 2647, 2014

RECOMMENDATION:

That Soil Removal and Deposit Bylaw No. 2647, 2014 be amended as outlined in the staff report dated October 21, 2014, and further;

That Soil Removal and Deposit Bylaw No. 2647, 2014 be given Second Reading, as amended, and referred to Public Hearing.

DISCUSSION:

The Board of Directors passed the following resolution on August 20, 2014:

That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2647, 2014,which proposes to establish regulations regarding the application, approval, suspension or denial of permits for the removal and deposit of soil material within Electoral Areas “B” and “C” of the Regional District of North Okanagan, be given First Reading; and further,

That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2647, 2014, be referred to internal departments, Ministry of Energy and Mines, Agricultural Land Commission and various agencies for review and comment.”

This report outlines amendments to Soil Removal and Deposit Bylaw No. 2647, 2014 for consideration of Second Reading and referred to Public Hearing.

BACKGROUND/HISTORY:

Brentwood Road and area residents appeared as a delegation to the Electoral Area Advisory Committee at the Regular Meeting of August 8, 2013. The residents were concerned about aggregate operations in the area as summarized below: • The impact a gravel quarry would have on area residents quality of life; • Brentwood Road is not an industrial use road, although was being used as such; and • A potential risk of fire from the gravel extraction operation.

In response to these concerns, the Electoral Area Advisory Committee forwarded a resolution for the Board’s consideration. The Board of Directors passed the following resolution at the Regular Meeting of August 21, 2013:

Page 97 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

That staff be directed to work with the Ministry of Energy and Mines in preparing a Soil Removal Bylaw to prohibit the extraction of minerals from properties within Electoral Areas “B” and “C”.”

While extraction of soils, including aggregates, may not be prohibited by local governments through zoning powers1, it is possible under Section 723 of the Local Government Act.2 Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2620, 2014, which proposed to prohibit soil removal and deposit on Country Residential (C.R.) zoned parcels in Electoral Areas “B” and “C” was introduced for Board of Directors consideration on February 5, 2014. On February 5, 2014 the Board of Directors passed the following resolution:

That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2620, 2014 which proposes to establish regulations related to aggregate extraction and processing, be given First Reading; and

That, in accordance with Section 723 of the Local Government Act and Section 9 of the Community Charter, authority be requested from the Minister of Energy and Mines to prohibit extraction and deposition of aggregate resources as represented in Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2620, 2014; and further,

That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2620, 2014 be referred to Regional District legal counsel, internal departments, Ministry of Energy and Mines, Agricultural Land Commission and various agencies for review and comment prior to consideration of Second Reading.

Due to the nature of the referral comments received from the Ministry of Energy and Mines, Bylaw No. 2620 would need to be substantially amended; therefore, staff recommended that First Reading be rescinded and the bylaw be abandoned.

Bylaw No. 2647, which proposed a regulatory approach to soil removal and deposit in Electoral Areas “B” and “C”, was introduced at the August 7, 2014 Electoral Area Advisory Committee meeting. The Board of Directors gave Bylaw No. 2647 First Reading on August 20, 2014 with the following resolution:

That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2647, 2014,which proposes to establish regulations regarding the application, approval, suspension or denial of permits for the removal and deposit of soil material within Electoral Areas “B” and “C” of the Regional District of North Okanagan, be given First Reading.

Recent Legislative Changes:

While there is some shared jurisdiction over aggregate operations between local and provincial authorities, the fundamental authority with respect to aggregate extraction rests with the Ministry of Energy and Mines (MEM) through the Mines Act and the permits issued under it. The Mines Act focuses on mining activities, worker health and safety, environmental impacts, and reclamation at the mine site.3 It does not clearly address questions of where mines should be located and can be inadequate to deal with the full range of community impacts. The regulatory tools that the Regional

1 Note that ‘extraction’ includes only as much drilling, blasting and breaking necessary to permit transport of the resource off site. 2 Local Governments can prohibit extraction through Soil Removal & Deposit Bylaws (SRDBs). However, a SRDB that prohibits the removal of soil in any location requires the approval of the Minister of Energy and Mines. 3 Young Anderson Barristers and Solicitors, RE: Implementation of a APP, to Regional District of Fraser Valley Regional District, October 6, 2010. Page 98 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

District could use to regulate aggregate operation are zoning bylaws in combination with soil removal and deposit bylaws.

Bill 17, 2014, the Miscellaneous Statutes Amendment Act, 2014, was given Royal Assent on May 29, 2014 and includes changes to both the Community Charter and the Local Government Act that removes the requirement for the Minister to approve the application of fees within municipal (Community Charter Section 195(3)) and regional district (Local Government Act Section 723(7)) soil removal and deposit bylaws (SRDB).

The Regional District, because of the proposed regulatory approach, does not require Ministerial Approval because proposed Bylaw No. 2647 does not: a) prohibit soil deposit with reference to its quality or contamination; or, b) prohibit soil removal.

REFERRAL COMMENTS:

Bylaw No. 2647

Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2647, 2014 was referred to the following agencies on August 22, 2014: Ministry of Energy and Mines; Agricultural Land Commission; Ministry of Agriculture; Ministry of Transportation and Infrastructure; Ministry of Environment; City of Vernon and District of Coldstream.

The following agencies provided comments on Bylaw No. 2647, 2014:

Ministry of Agriculture:

The Ministry of Agriculture requested that the following changes be made to Bylaw No. 2647: • Replace ‘registered agrologist’ with ‘Professional Agrologist’ within the Bylaw; • Include the requirement of a land/soil reclamation plan with a monitoring program within Section 3.f. Permit Application Required Information; and, • The Ministry strongly supports the requirement to identify the positive benefits to agriculture.

Staff response:

Staff proposes to replace ‘Professional Agrologist’ with ‘registered agrologist’ within Bylaw No. 2647 and add the following definition to Section 2.0:

Professional Agrologist means a person registered as an agrologist under the Agrologist Act, as amended.

Ministry of Energy and Mines (MEM):

The MEM was referred Bylaw No. 2647 on August 22, 2014 and a response has not been received to date. Regional District staff was coordinating with MEM staff on both approach and direction of the Soil Removal and Deposit Bylaw prior to First Reading of Bylaw No. 2647 through written correspondence and a conference call on September 3, 2014.

MEM staff recommended that the Regional District pursue a regulatory approach when rewriting the soil removal and deposit bylaw and reiterated the comments received during the MEM letter received on March 12, 2014. The Regional District will continue to work with MEM staff after Second Reading of Bylaw No. 2647.

Page 99 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

Bylaw No. 2620 (abandoned)

The following comments were received during the referral of draft Soil Removal and Bylaw No. 2620, 2014, which proposed a prohibition on soil removal and deposit within the Country Residential (C.R.) Zone in Electoral Areas “B” and “C”. Bylaw No. 2620, 2014 was abandoned by the Board of Directors on August 20, 2014.

Ministry of Energy and Mines:

MEM provided the following comments in a letter dated March 12, 2014:

It is the opinion of MEM that Bylaw No. 2620 is likely prohibitive to the removal of soil, specifically aggregate materials for the following reasons: 1) The bylaw prohibits aggregate activities by placing severe volume restrictions on aggregate within known high value aggregate resource areas; and, 2) The bylaw attempts to broadly restrict aggregate mining including areas with high aggregate potential without demonstrating how an adequate local supply of aggregate will be provided for the foreseeable future.

Under the Community Charter, these prohibitions would require the approval of the Minister of Energy and Mines. If this bylaw is referred to the Minister of Energy and Mines in its current form, MEM would recommend that Bylaw No. 2620 not be approved.

Staff response:

Bylaw No. 2620, 2014, which proposed an aggregate extraction prohibition, was abandoned based upon the comments received by MEM. The subject of this report is Bylaw No. 2647 which proposes a soil removal and deposit regulatory approach.

The second comment may require the need to demonstrate an adequate local aggregate supply as a condition of restricting aggregate extraction. As demonstrated on aggregate pilot projects undertaken by the Fraser Valley Regional District and the Regional District of Central Okanagan, the Regional District of North Okanagan may enter into an agreement with MEM to undertake a major multi-year collaborative aggregate resource planning project.

Agricultural Land Commission (ALC):

The ALC had no objection to the bylaw, but suggests the following language be substituted in “Exemptions” i, iii, for clarity and accuracy:

“Removal and deposit of soil in an Agricultural Land Reserve (ALR) which is permitted by BC Regulation #171/2002”

The ALC does not issue permits, nor does the ALC Act reference soil extraction or deposition.

Staff response:

Bylaw No. 2647, under Section 3.c.i.i. Exemptions, includes the following statement: “is undertaken as a permitted farm use on land located within the Agricultural Land Reserve (ALR), as specified within the Agricultural Land Reserve Use, Subdivision and Procedure Regulation.”

Page 100 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

Ministry of Environment:

The Ministry of Environment expressed concerns with the 350 m3 volume threshold. It is the opinion of the Ministry that the 350 m3 threshold may result in areas of environmental or ecological significance to be lost without proper consideration given to onsite environmental values prior to soil removal or deposit taking place. A volume slightly less than the 350 m3 could result in substantial alteration to valuable ecosystems with no opportunity for comment.

The Ministry identified areas within the 2003 Rural Vernon Official Community Plan that are recognized as natural areas. The Ministry is concerned that sensitive environmental sites maybe outside of the currently described sensitive areas, or development permit areas may undergo substantial disturbance without opportunity for Ministry comment. Examples of sites of particular interest are wetlands that may not have an overland connection to a stream and or small pockets of native grasslands that may not have been identified in past inventory projects.

The Ministry suggested a 50 m3 threshold, which has been used by the City of Kelowna and the District of Coldstream within their Soil Removal and Deposit Bylaws. The 2007 Green Bylaws Tool Kit for Conserving Sensitive Ecosystems & Green Infrastructure suggests Bylaw exemptions.

Staff response:

Staff note Electoral Areas “B” and “C” Official Community Plan Bylaw No. 2626, 2014 includes an Environmentally Sensitive Lands Development Permit Area (ESLDPA), based upon current Sensitive Ecosystem Inventories and Okanagan Biodiversity Conservation Strategy mapping. The ESLDPA would apply to all land alterations in High and Very High Conservation Value areas.

An ESL Development Permit is required for “land alteration”, which is not based on volume, and these activities may also require a Soil Removal and Deposit Permit. The 350 m3 threshold was selected to capture commercial soil removal and deposit operations while permitting land owners of rural properties to undertake property development without a soil permit. Staff do not recommend changing the 350 m3 threshold.

As a condition of a soil removal and deposit permit issuance, an ESLDPA Permit may be required.

ANALYSIS:

The Regional District recognizes that many types of soil, including aggregates, are important resources that are essential for sustaining growth within the region. Although economically important to a region, soil removal and deposition operations must ensure that other community objectives and policies are considered, including the protection of agricultural land, environmental protection, minimizing impacts on adjacent properties and respecting community character.

The preparation of Bylaw No. 2647, as presented at First Reading, was undertaken with consideration of aggregate extraction best practices, the experience of other local governments with soil removal and deposit operations, policy approaches from other SRDBs and reference to the “Guide to Preparing Mine Permit Applications for Aggregates Pits and Quarries in British Columbia”4 and Best Management Practices guides from MEM.

Legal council provided advice on individual components of Soil Removal and Deposit Bylaw No. 2647 and guidance on the overall approach to soil removal and deposit regulation.

4 Ministry of Energy and Mines (2010) Page 101 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

The intent of this Bylaw is to exempt those individuals and property owners who require removal and/or deposit of soil that are considered to be 'minor' while requiring permits for 'major' commercial soil operations. The Bylaw would exempt soil removal or deposit operations that did not exceed 350 m3 (approximately 45 single axle dump truck loads) per year or landowners that have obtained Development Permits and/or Building Permits for development purposes.

Staff have reviewed Bylaw No. 2647 in relation to Agency comments received to date, input received through the process of adopting Zoning Text Amendment Bylaw No. 2613, 2014 [Mineral Extraction] and Board of Directors requests for further clarification and analysis.

Processing of Soil

Processing of resource material is not dealt with within Soil Removal and Deposit Bylaw No. 2647, 2014. Processing of soils, including aggregates or quarry materials, is a zoning and land use matter. Soil Removal and Deposit Permit applications that are proposing soil processing as an aspect of the operation for properties that do not permit that use will require application for rezoning or a temporary use permit.

Written confirmation from an applicant regarding the scope and scale of processing activities proposed should be submitted prior to consideration of permit issuance. Proposed processing operations should be either expressly prohibited by a Soil Removal or Deposit Permit and the associated Mine Permit issued, if the land is located in an area where it is not permitted, or resolved through the appropriate RDNO Electoral Area zoning and/or land use planning processes prior to inclusion in any permits.

Staff recommends that the following amendments be made to Bylaw No. 2647: a) Add the following definitions to Section 2. Definitions:

Processing includes washing, screening, grading or crushing of Soil.

Permit Duration:

The proposed SRDB Permit duration is “10 years, or a lesser term if required by the General Manager (of Planning and Building)”. The rational for permit duration of this length was to reduce the impact on limited Staff resources to process permits, relying on permit conditions and requirements as triggers for permit expiration or revocation. Staff proposes changing permit duration to correspond with the expiration date of a Mine Permit, if applicable to the soil removal and deposit operation.

SRDB Section 3.h. Permit Conditions requires that all soil removal or deposit plans, descriptions of activities are attached to the permit. If those plans or activities change, the permit is no longer valid and a new permit application is required. As well, contravention of other Regional District Bylaws or any of the attached Permit conditions may result in Permit revocation. Staff have further explored the potential implications of a 10 year Permit duration and determined that most soil removal and deposit activities, contingent on size of the operation, will be competed within five years of permit issuance.

A MEM-issued Mine Permit duration is 5 years, although Mine Permit renewal may be a 10 year period. Other soil removal and deposit activities that are regulated through the SRDB may not require a Mine Permit. These activities may range from small scale operations related to land development and/or improvement to very large operations related to ALR soil improvements.

The permit duration provision could be further refined to reflect the scale of a soil removal and deposit operation and synchronize the duration of SRDB Permits with corresponding MEM Mine Permits.

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Staff recommends that the following amendments be made to Bylaw No. 2647: a) Add the following definitions to Section 2. Definitions:

Mine means a mine as defined in the Mines Act, as amended.

Mine Permit means a permit issued by the Minister pursuant to the Mines Act, as amended. b) Add the following requirement to Section 3.f. Permit Application Required Information:

ii. If a Mine, in addition to 3.f.i., the Permit application must include a copy of the Mine Permit application or Mine Permit, if issued. c) Replace Section 3.i. Permit Duration provisions with the following:

i. The term of the Permit shall be one (1) year, or a greater term if required by the General Manager; or, ii. The expiration date of a Permit shall correspond with the expiration date of the Mine Permit, issued under the Mines Act and associated Regulations, for the proposed Soil Removal and Deposit. d) Replace Section 3.j.i.e. Permit Expiry provisions with the following:

e. the expiry date identified within the Permit.

Permit Conditions and Permit Issuance:

The Board of Directors has the authority to refuse the issuance of a permit if the application does not fulfill the requirements of the Soil Removal and Deposit Bylaw and the conditions included within the Permit. Based upon the advice of legal council, a soil removal and deposit Permit must be issued if all Bylaw conditions and requirements have been met by the applicant. Neighbourhood opposition to a proposed soil removal and deposit operation is not sufficient to refuse the issuance of a Permit and the Regional District does not have the authority to prohibit aggregate extraction operations.

Upon review of soil removal and deposit permit conditions and requirements for issuance, staff identified the need to address the matter of transferability. As well, staff also identified the need for clarification that a condition of permit issuance is verification of other permits and authorizations from the Regional District and other agencies necessary for the soil removal and deposit operation, including a Mine Permit if applicable.

Staff recommends that the following amendments be made to Bylaw No. 2647: a) Add the following to Section 3.h Permit Conditions:

iv. No Permit issued pursuant to the terms of this bylaw may be transferred, assigned or sold. v. Before a Permit is issued, the applicant shall have first obtained all permits and permissions required from the Regional District and any other authority having jurisdiction and, without limiting such requirement, a Mine Permit if the Mines Act applies to the Soil Removal and Deposit.

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Noise and Dust:

Although Section 3.f Permit Conditions includes a requirement that a Permit Holder can not allow dust, dirt or noise to escape the property boundary that may cause a private or public nuisance, the method of dust and noise control was not requested as part of the Permit Application Information.

Staff recommends that the following amendments be made to Bylaw No. 2647: a) Add the following requirement to Section 3.f.i. Permit Application Required Information:

f. the proposed methods to control noise and dust generated by the proposed soil removal or deposit.

Buffers and Setbacks:

The concept of aggregate extraction operation setbacks was discussed at the September 17, 2014 Public Hearing for Zoning Text Amendment Bylaw No. 2613, 2014, which amended Limited Resource Use to exclude all resource processing uses from the Country Residential (C.R.) Zone within Electoral Areas “B” and “C”. The Board of Directors requested that staff further explore the use of setbacks as a mechanism to reduce land use conflicts that may result from aggregate operations.

Although a zoning bylaw can not regulate or prohibit aggregate extraction, including the introduction of setbacks, a soil removal and deposit bylaw can include setback and buffer requirements as a condition of permit issuance. The subject of setbacks as a condition of soil removal and deposit permits was discussed with legal council and any proposed setbacks can not be so large as to be prohibitive.

Bylaw No. 2647, 2014, at First Reading, included setback, tree cover and berm information as part of the required Permit Application Required Information submitted by the applicant, although setback requirements were not included within the Bylaw. Instead, the onus is on the applicant to identify mitigation measures that fulfill Permit requirements and are based on Provincial guidelines and best management practices.

The Province has guidance documents and best management practices that aggregate operators are to consider when planning an aggregate extraction operation and developing a Mine Permit application, including: • Guide to Preparing Mine Permit Applications for Aggregates Pits and Quarries in British Columbia;5; • A Practical Guide for Aggregate Operators6; • Aggregate Operators Best Management Practices Handbook of British Columbia: Volume 1 – Introduction and Planning7; and, • Aggregate Operators Best Management Practices Handbook of British Columbia: Volume 2 – Best Management Practices8.

According to Provincial Best Management Practices, aggregate excavation should be setback at least 5 metres from the boundary of the mine property and berms and/or buffer strips should be used to separates incompatible land uses and mitigate nuisances and adjacent property impacts, including noise, dust and aesthetic impacts of an aggregate operation. Although not a Provincial regulatory

5 Ministry of Energy and Mines (2010) 6 Ministry of Energy and Mines (2007) 7 Ministry of Energy and Mines (2002) 8 Ministry of Energy and Mines (2002) Page 104 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

requirement, MEM does reference Best Management Practices when reviewing Mine Permit applications.

The Regional District could introduce buffer, setback or berm requirements as a condition of Permit issuance, based upon Provincial guidelines and other local government SRDBs. There have been several buffering approaches within municipal and regional district SRDB, including:

a) Many SRDBs do not reference or include any setback or buffer requirements or considerations, relying on the conditions of the Permit to mitigate identified issues.9 This is the approach taken by Bylaw No. 2647 at First Reading. b) Some SRDBs require a 7 metre vegetated buffer strip that separates the aggregate operation from adjacent properties.10 c) A few SRBDs require fencing around the entire aggregate operation (District of Saanich) or buffer zones of between 50 metre (<4 ha) and 150 metre (>4 ha), contingent on the size of the property (District of Metchosin, Salt Spring Island).

The introduction of a 7 metre buffer strip requirement as a permit condition within Bylaw No. 2647 is based upon Provincial aggregate operation guidelines, best management practices and the corresponding approach taken by other local governments. As a condition of Permit issuance, input from the public information session and public submissions could result in a requirement for enhanced setbacks from residential or small lot rural properties, although these setbacks can not be prohibitive and should be established at a depth that is necessary to mitigate noise, dust or other community concerns.

Staff recommends that the following amendments be made to Bylaw No. 2647: a) Add the following definition to Section 2. Definitions:

Buffer Zone means a strip of land a minimum of seven (7) metres in width that is either retained in a natural state or landscaped in accordance with the terms of the Permit to provide a visual and sound barrier between the Permit area and adjacent and nearby lots, parks, trails, green spaces, roads and other uses.

Stockpile means any accumulation of soil which has been removed from its natural position. b) Add the following to Section 3.h.i. Permit Conditions:

f. A Buffer Zone shall be maintained at all times around the perimeter of each lot subject to a Permit except to the extent required to maintain vehicular access as indicated on the Permit. As a Permit Condition, a Buffer Zone may be required to exceed seven (7) metres if adjacent to a Residential, Small Holding (S.H.) or Country Residential (C.R.) Zoned lot.

g. If permitted by the Permit, Stockpiles of Soil will be maintained in such a manner so that they do not adversely affect or damage adjacent properties or encroach into Buffer Zones.

h. All vehicles and machinery used for soil removal and deposit shall be kept outside of the Buffer Zone at all times.

9 Examples of SRDBs without setback or buffer provisions – City of Kelowna, City of Port Coquitlam, District of Coldstream, District of West Kelowna, Town of Osoyoos, District of North Cowichan; Capital Regional District – Juan de Fuca EA, City of Nanaimo, City of Langford 10 Examples of SRDBs with 7 metre buffer requirements – City of Abbotsford, District of Chilliwack, Town of View Royal, District of Highlands, District of Central Saanich and Fraser Valley Regional District. Page 105 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

Public Consultation:

Bylaw No. 2647 includes a provision under Permit Issuance for a mandatory public information meeting, in accordance with the Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008, which is undertaken by the applicant. A public information meeting has notifications requirements, public input opportunities and meeting guidelines, however, it is not a Public Hearing as prescribed in the Local Government Act.

Section 890 of the Local Government Act does not include a requirement for a Public Hearing for permit applications. The Board of Directors may consider other public consultation opportunities for community input when considering permit conditions for large-scale commercial aggregate and quarry operations, including a public information session held by the Regional District or other methods to obtain affected landowner input.

The Province’s Guide to Preparing Mine Permit Applications for Aggregates Pits and Quarries in British Columbia also includes First Nations and public consultation requirements that may be part of a Mine Permit application process.

Staff recommends that the following amendments be made to Bylaw No. 2647: a) Amend the Section 3.g.i.d. Permit Issuance by adding the underlined text as outlined below:

d. Public notification has been undertaken and a public information meeting has been held in accordance with Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008, and the Regional District Board has received a report of the public information meeting from the applicant; and, b) Add the following to Section 3.g Permit Issuance:

e. The Regional District may hold a public information meeting or use other public engagement methods, prior to consideration of issuance of a Permit that also require Mine Permits, issued under the Mines Act and associated Regulations.

Constraining Soil Deposit and Removal in Areas of Potential Land Use Conflict:

The Regional District has been in discussion with MEM staff during the development of the SRDB regarding approaches that may result in constraints to aggregate production in areas with a high potential of land use conflict. MEM has indicated that any proposed aggregate prohibitions must be supported by analysis and policy that would ensure an adequate supply of aggregate resources and that resulting aggregates policy recommendations are supported by the MEM.

The proposed Soil Removal and Deposit Bylaw No. 2647 does not prohibit aggregate or quarry extraction within any residential or rural zone within Electoral Areas “B” and “C”. If the Board of Directors is interested in exploring approaches that may constrain aggregate extraction in areas with potential land use conflicts, the following two Regional Districts aggregate pilot project examples could be considered.

The Fraser Valley Regional District (FVRD): The Aggregate Pilot Project was initiated by the Minister of State for Mines in 2003 in response to persistent and intense conflicts surrounding aggregate operations in FVRD’s Electoral Areas. The key stakeholders in the Project were FVRD, MEM and the aggregate industry

Page 106 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

The purpose of the Project is to: • improve understanding of aggregate supply and demand; • foster better communications between MEMPR, local government and industry to resolve issues and conflicts; • improve aggregate planning and permitting processes to reduce conflicts; • ensure a sustainable supply of aggregate for the long term; • develop a new approach for decision-making respecting aggregate management; and, • improve coordination with respect to concurrent jurisdiction and permitting processes.

This has involved a detailed technical analysis of aggregate supply and the identification of areas when aggregate extraction may be constrained to reduce land use conflicts.

The aggregate pilot project was funded jointly by the local aggregate producers, MEM, FVRD and member municipalities, with a budget of $100,000 over 5 years. In addition, local and regional staff resources have been used extensively throughout this process. The project is ongoing, without agreement between the funding parties. The FVRD currently relies on a regulatory SRDB. Although there are zoning prohibitions on aggregate extraction is some Electoral Area Rural zones, these provisions are enforceable.11

Regional District of Central Okanagan (RDCO): The Regional District, as an element of the Regional Growth Strategy Review, initiated an aggregate pilot project in 2010. The rational for this pilot project, modeled after the Fraser Valley approach, was to provide the technical rational for constraining aggregate extraction to reduce land use conflicts. The three phase project was estimated to cost between $300,000 and $400,000. Currently, Phase I – Aggregate Supply and Demand Study Update has been completed within the Regional Growth Strategy review process and funded through Gas Tax Regionally Significant Projects.

The Regional District of North Okanagan could consider initiating a similar aggregate pilot project process to develop an agreed upon policy framework that would constrain aggregate extraction within areas of concern, including the Country Residential (C.R.) Zone. If the Regional District considers proceeding with an equivalent aggregate pilot project: • MEM and the aggregate industry should be partners with the Regional District on this project; • The project is expected to require several years to complete, at a minimum; • Extensive public consultation should be undertaken; • Sufficient staff and budgetary resources must be available; • Financial resources must be available, through Electoral Area Planning (030) and/or other funding arrangements; and, • The project must be undertaken with the understanding that the outcome of this planning process may not result in aggregate extraction curtailment within the Country Residential (C.R.) Zone.

The Board of Directors could consider partial funding of a North Okanagan Aggregate Pilot Project through a volume-based aggregate extraction levy dedicated to long range planning initiatives for aggregate resources.12 Volume based soil fees can be used by local governments to recover service costs associated with soil removal and deposit operations. The most common volume based fees are a levy per m3 of soil removed or deposited to offset infrastructure degradation associated with these operations, especially transportation infrastructure.

11 In British Columbia: Vernon (City) v. Okanagan Excavating (1993) LTD. (1993) BCSC, (1994) BCCA confirmed that extraction is not a use of land and could not be prohibited by local government zoning powers. 12 A volume-based fee for long-range aggregate planning was a recommendation that resulted from the Fraser Valley Aggregate Pilot Project Page 107 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

Further investigation and discussion would be necessary to determine an appropriate amount to be dedicated to aggregate planning purposes and the resulting volume based fee.

LEGISLATIVE AUTHORITY:

The Regional District of North Okanagan established a Soil Removal Regulation Extended Service on March 14, 1990 with the adoption of Regional District of North Okanagan Bylaw No. 862. The Letters Patent for the establishment of a Regional District Soil Removal and Deposit Service, as well as Bylaw No. 862, are attached to this report. The proposed Soil Removal and Deposit Bylaw can be enacted under this existing service.

STAFF/FINANCIAL IMPLICATIONS:

The adoption of a regulatory soil deposit and removal bylaw would require adequate staff capacity for administration and bylaw enforcement. Staff anticipates that, based upon the experiences of other jurisdictions with similar bylaws and recent Regional District experiences, that a minimum of 0.5 FTE of staff time, across various departments, may be necessary to implement Bylaw No. 2647.

Staff have identified soil removal and deposit bylaw permit application fees and soil volume-based fees (per m3) as methods of recovering the costs of providing the service, in addition to requisition from Electoral Areas “B” and “C”.

The Bylaw has been developed to balance Regional District regulation of soil removal and deposit within Electoral Area “B” and “C” with existing staff and financial resources, with the intent of focusing on industrial-scale commercial soil and removal operations. A reduction in the annual volume threshold of 350 m3 of soil13 would require a reconsideration of both staff resources required for application processing and bylaw enforcement, as well as the financial resources required for administering the Bylaw.

FINANCIAL IMPLICATIONS (FEES):

Local Government Act, Section 723 (5) includes provisions that authorize a Regional District to charge soil deposit and removal fees for the issuance of a permit and the activity of soil removal. These fees “may vary according to the quantity of soil removed or the quantity of soil or other material deposited, and the rates or levels of fees may be different for different areas of the regional district.”

If approved, the Soil Removal and Deposit Bylaw will require an amendment to the Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008 to include a fee for this new permit requirement. The proposed application fee of $1,100.00 is consistent with the Regional District's fee for a Development Variance Permit which, according to the Columbia Shuswap Regional District, has similar staff review and referral requirements, Board of Directors approval and public notification processes.

If the Board of Directors includes a Public Information Meeting or other public consultation requirements for applications that also require a Mine Permit issued under the Mines Act, the refundable public consultation deposit of $1,000 may be considered to recover any Regional District expenditures.

It is anticipated that the proposed permit fee will adequately cover the staff time necessary to process such applications and move them through to the Board of Directors for consideration.

13 To put the 350 m3 threshold into perspective, in order to excavate a 6 foot deep foundation for a 2,000 ft2 (185.8 m2) home would require the excavation of approximately 340 m3 (or 44 single-axel dump truck loads) of soil. Page 108 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

SUMMARY:

The Board of Directors directed staff to prepare a Soil Removal and Deposit Bylaw to enable the Regional District to regulate soil removal and deposit in Electoral Areas “B” and “C”. Soil Removal and Deposit Bylaw No. 2647, 2014 was given First Reading on August 20, 2014 and agency referrals were sent on August 22, 2014.

In response to referral responses, Zoning Text Amendment Bylaw No. 2613, 2014 [Mineral Extraction] Public Hearing comments and Board of Directors discussion, the following amendments are proposed:

• Include definitions of the following within Section 2. Definitions: - Professional Agrologist - Buffer Zone - Mine - Mine Permit - Processing - Stockpile

• Replace ‘registered agrologist’ with ‘Professional Agrologist’ within the Bylaw.

• Add the following requirement to Section 3.f. Permit Application Required Information:

ii. If a Mine, in addition to 3.f.i., the Permit application must include a copy of the Mine Permit application or Mine Permit, if issued.

• Replace Section 3.i. Permit Duration provisions with the following:

iii. The term of the Permit shall be one (1) year, or a greater term if required by the General Manager; or, iv. The expiration date of a Permit shall correspond with the expiration date of the Mine Permit, issued under the Mines Act and associated Regulations, for the proposed Soil Removal and Deposit.

• Replace Section 3.j.i.e. Permit Expiry provisions with the following:

e. the expiry date identified within the Permit.

• Add the following to Section 3.h Permit Conditions:

iv. No Permit issued pursuant to the terms of this bylaw may be transferred, assigned or sold. v. Before a Permit is issued, the applicant shall have first obtained all permits and permissions required from the Regional District and any other authority having jurisdiction and, without limiting such requirement, a Mine Permit if the Mines Act applies to the Soil Removal and Deposit.

• Add the following requirement to Section 3.f.i. Permit Application Required Information:

f. the proposed methods to control noise and dust generated by the proposed soil removal or deposit.

Page 109 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7 Soil Removal and Deposit Bylaw No. 2647, 2014 Report to Electoral Area Advisory Committee- October 21, 2014 Page 14

• Add the following to Section 3.h.i. Permit Conditions:

f. A Buffer Zone shall be maintained at all times around the perimeter of each Jot subject to a Permit except to the extent required to maintain vehicular access as indicated on the Permit. As a Permit Condition, a Buffer Zone may be required to exceed seven (7) metres if adjacent to a Residential, Small Holding (S.H.) or Country Residential (C.R.) Zoned Jot.

g. If permitted by the Permit, Stockpiles of Soil will be maintained in such a manner so that they do not adversely affect or damage adjacent properties or encroach into Buffer Zones. h. All vehicles and machinery used for soil removal and deposit shall be kept outside of the Buffer Zone at all times.

• Amend the Section 3.g.i.d. Permit Issuance by adding the underlined text as outlined below:

d. Public notification has been undertaken and a public information meeting has been held in accordance with Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008, and the Regional District Board has received a report of the public information meeting from the applicant; and,

• Add the following to Section 3.g Permit Issuance:

e. The Regional District may hold a public information meeting or use other public engagement methods, prior to consideration of issuance of a Permit that also require Mine Permits, issued under the Mines Act and associated Regulations.

Staff recommend that Bylaw No. 2647 be given Second Reading and referred to Public Hearing.

Submitted by:

Endorsed by:

Rob Smailes, MCIP, RPP General Manager, Planning and Building istrative Officer

Page 110 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No. 2647

A bylaw to regulate permits for the removal and deposit of soil material within Electoral Areas “B” and “C” of the Regional District of North Okanagan.

WHEREAS Sections 723 and 797.1 of the Local Government Act, authorize the Board of Directors of the Regional District of North Okanagan to regulate the removal of soil including sand, gravel and rock, and the deposit of soil on any land within the Regional District, to make different regulations for different areas, and to require permits;

AND WHEREAS the Board of Directors desires to regulate, and require permits for, both the removal and deposit of soil within Electoral Areas “B” and “C” the Regional District of North Okanagan;

NOW THEREFORE the Board of the Regional District of North Okanagan in an open meeting assembled, hereby ENACTS AS FOLLOWS:

CITATION

1. This Bylaw may be cited as “Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2647, 2014”.

BYLAW

1. ADMINISTRATION

This Bylaw applies to all land within Electoral Areas “B” and “C” of the Regional District of North Okanagan.

2. DEFINITIONS

For the purpose of this bylaw:

Administrator means the Chief Administrative Officer (CAO) of the Regional District or the officer delegated by the Board of Directors to act on the CAO's behalf.

ALR means Agriucltural Land Reserve.

Buffer Zone means a strip of land a minimum of seven (7) metres in width that is either retained in a natural state or landscaped in accordance with the terms of the Permit to provide a visual and sound barrier between the Permit area and adjacent and nearby lots, parks, trails, green spaces, roads and other uses.

Deposit means the placement, storage, filling, spilling or releasing, directly or indirectly, of soil on lands in the Regional District where the soil was not previously located.

Development Permit means a Permit issued under Section 920 of the Local Government Act.

General Manager means the General Manager, Planning and Building of the Regional District or staff delegated by the General Manager to act on his or her behalf.

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Mine means a mine as defined in the Mines Act, as amended.

Mine Permit means a permit issued by the Minister pursuant to the Mines Act, as amended.

Qualified Professional means a person who is registered or duly licensed as a Professional Engineer or a Professional Geoscientist under the provisions of the Engineers and Geoscientists Act.

Permit means a valid Permit for the removal or deposit of soil issued under this bylaw. Permit Holder means the person who is the holder of a valid and subsisting Permit issued under this bylaw.

Processing includes washing, screening, grading or crushing of Soil.

Professional Agrologist means a person registered as an agrologist under the Agrologist Act, as amended.

Regional District means the Regional District of North Okanagan.

Remove includes the act of removing, excavating, or transporting soil from any lands where it originally existed, including the movement of soil from one location to another location within the same lot.

Soil means soil, sand, gravel, rock, silt, clay, peat, or any other substance of which land is composed, or any combination of them, whether or not it is in or put in a stockpile or storage facility, and does not include any compost or biosolids placed on land as a soil amendment or conditioner.

Stockpile means any accumulation of soil which has been removed from its natural position.

3. REGULATIONS

a) Applicability

All lands within Electoral Areas “B” and “C” in the Regional District are designated Soil Removal and Deposit Permit Areas.

b) Requirement for Soil Removal and Deposit Permit

i. Subject to the other terms of this Bylaw, no person shall remove, deposit, or cause to be removed or deposited any soil from or on any land in Electoral Areas “B” and “C” unless the person:

a. has applied for and been issued a valid and subsisting Permit for such removal or deposit; and, b. carried out the removal or deposit in accordance with this bylaw and the terms and conditions set out in the Permit.

c) Exemptions

i. Notwithstanding Section 3.b, a Permit is not required where the removal or deposit of soil:

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a. is less than 350 m3 of soil in a calendar year; b. is for the purpose of constructing or maintaining provincial roadways, forest service roads, walkways or trails; c. is on land owned by the Regional District or its member municipalities; d. is on land managed under the Forest Act or regulated under the Highways Act and for which a provincial soils permit has been obtained, so long as the land continues to be used as managed forest or highways; e. is related to and in accordance with a valid building permit; f. is required as part of a solid waste processing and disposal operation, including composting facilities, which has approval pursuant to applicable federal, provincial and Regional District regulations and bylaws; g. is required as part of the clean-up or remediation of contaminated soils as directed and approved by the Ministry of Environment; h. is required for the construction or maintenance of a private sewage disposal system for which a sewage disposal permit pursuant to the Health Act has been issued; or, i. is undertaken as a permitted farm use on land located within the Agricultural Land Reserve (ALR), as specified within the Agricultural Land Reserve Use, Subdivision and Procedure Regulation. (For certainty, soil removal or deposit as or for non-farm uses require a Permit under this bylaw.)

ii. The onus of demonstrating compliance with Section 3.c shall be at all times on the person undertaking the removal or deposit of soil. The General Manager or their delegate may request documentation to confirm that the conditions for granting an exemption are satisfactorily addressed. d) Permit Application

i. A separate application for a separate Permit must be made for each parcel from which soil is to be removed or onto which soil is to be deposited, as per Section 3.f.

ii. The Permit application must be signed by the applicant, and

a. if the applicant is not the owner, by all owners of the parcel, and b. in the case of strata property: i. by an authorized representative(s) of the strata corporation plus the strata lot owner for the property where the soil is to be removed or deposited; and ii. by all strata lot owners if the soil is to be removed or deposited on common property. e) Permit Application Fees

An application for a Permit must be submitted with the appropriate fee as prescribed by the Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008, as amended. f) Permit Application Required Information

i. Every application for a Permit shall be accompanied by detailed plans, data, and specifications for the proposed site prepared by a Qualified Professional to a

Page 113 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

scale of not more than 1:500, unless otherwise authorized by the General Manager, showing the contour of the ground in its current state and shall contain information regarding the proposed soil removal or deposit with respect to the following matters:

a. all features including buildings, structures, tree cover, roads, bridges, and natural watercourses; b. land uses and designations, such as ALR, zoning, floodplain area, environmentally sensitive area, and First Nations reserve land; c. the proposed slopes which will be maintained upon completion of the soil removal or deposit; d. the proposed methods to control the erosion of the banks of the soil removal or deposit; e. the proposed methods of drainage control during the soil removal or deposit; f. the proposed methods to control noise and dust generated by the proposed soil removal or deposit; g. the proposed methods and locations of access to the site during the soil removal or deposit; h. the proposed grading and rehabilitation plan for the soil removal or deposit site during and upon completion of the proposed soil removal and deposit operation, copies of any remediation or site closure plans filed with the Ministry of Energy and Mines and any Agricultural Land Commission remediation requirements; i. the proposed location of machinery, buildings, scales, and all other proposed structures and improvements; j. the proposed location of buffers and tree cover, and the location and grade width of berms; k. the proposed schedule for the removal or deposit of soil, indicating the amounts to be either removed or deposited on a monthly basis; l. the proposed routes to and from a soil removal or deposit area; m. a traffic management plan, which would include but not be limited to a description of the frequency of trucks, signage, placement of safety control devices, and other traffic control that would minimize the disturbance created; n. copies of all other necessary approvals and permits from Federal and Provincial authorities required by statute or regulation in connection with the proposed soil removal or deposit; o. if the proposed soil deposit on or removal takes place on ALR land, information on the past and proposed farming activity, the relationship of the soil deposit or removal to existing or proposed farming activity on the land, impact on the agricultural capability of the land, and a report, prepared by a Professional Agrologist, identifying the positive benefit of the proposed soil deposit or removal to agriculture; and, p. any other information the Regional District deems necessary to review the Permit application for the lands in question, as directed by the General Manager. ii. If a Mine, in addition to 3.f.i., the Permit application must include a copy of the Mine Permit application or Mine Permit, if issued.

Page 114 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7 g) Permit Issuance

i. Where a. a complete application for a Permit under this bylaw has been submitted; b. the proposed soil removal or deposit set out in the application conforms with this bylaw, all other bylaws of the Regional District, and all other applicable enactments; c. the applicant for the Permit has paid to the Regional District the required application fees and security; d. Public notification has been undertaken and a public information meeting has been held in accordance with Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008, and the Regional District Board has received a report of the public information meeting from the applicant; and, e. The Regional District may hold a public information meeting or use other public engagement methods, prior to consideration of issuance of a Permit that also require Mine Permits, issued under the Mines Act and associations Regulations.

The Regional District may issue the Permit, issue the Permit with conditions or refuse the Permit for non-compliance with the bylaw. h) Permit Conditions

i. All soil removal and deposit Permits issued under this bylaw are subject to the following rules and regulations:

a. Permitted removal and deposit activities may only occur between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday, and 9:00 a.m. to 6:00 p.m. Sunday and statutory holidays, unless otherwise restricted by the Permit.

b. No person may remove or deposit soil so as to do any of the following:

i. pollute, obstruct, divert, damage, destroy, or introduce soil to any body of water without the completion of a hydrological report by a Registered Professional Hydrologist and the subsequent approval of the provincial Ministry of Environment, and if applicable, the federal Fisheries and Oceans Canada; ii. change local drainage to the detriment of a neighboring property; iii. result in soil on the land or on adjacent land becoming unstable or susceptible to erosion, slippage, landslide, slumping or settling; iv. damage or destroy a building, structure, service or utility; v. threaten the health, safety or welfare of the public; vi. permit dust, dirt or noise to escape the property boundary that may cause a private or public nuisance; vii. in the case of deposit or removal of soil from ALR land, fail to provide a positive benefit to agriculture; viii. impair the agricultural capability of adjacent ALR lands; or, ix. contravene a Regional District bylaw;

c. No person may remove soil or deposit in contravention of the Riparian Area Regulations.

Page 115 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

d. All descriptions, plans and specifications submitted by the applicant in support of the Permit application and marked ‘FINAL’ by the Regional District form part of and are incorporated into the Permit and the Permit specifically limits soil removal or deposit in accordance with the descriptions, plans and specifications accepted by the Regional District.

e. The holder of a Permit is responsible for the conditions of the Permit and is responsible for any damage or harm to person or property caused directly or indirectly by the work authorized by the Permit and saves harmless the Regional District from all claims whatsoever in respect of the work and Permit.

f. A Buffer Zone shall be maintained at all times around the perimeter of each lot subject to a Permit except to the extent required to maintain vehicular access as indicated on the Permit. As a Permit Condition, a Buffer Zone may be required to exceed seven (7) metres if adjacent to a Residential, Small Holding (S.H.) or Country Residential (C.R.) Zoned lot.

g. If permitted by the Permit, Stockpiles of Soil will be maintained in such a manner so that they do not adversely affect or damage adjacent properties or encroach into Buffer Zones.

h. All vehicles and machinery used for soil removal and deposit shall be kept outside of the Buffer Zone at all times.

ii. Furthermore, the applicant is required to receive approval from the Ministry of Transportation and Infrastructure for any access to a Ministry road pursuant to Section 5 of the Industrial Road Act and/or Section 48 of the Transportation Act as a condition of Permit issuance.

iii. The issuance of a Permit does not constitute authority to conduct processing of soil on the property if not appropriately zoned for such use.

iv. No permit issued pursuant to the terms of this bylaw may be transferred, assigned or sold.

v. Before a Permit is issued, the applicant shall have first obtained all permits and permissions required from the Regional District and any other authority having jurisdiction and, without limiting such requirement, a Mine Permit if the Mines Act applies to the Soil Removal and Deposit. i) Permit Duration

i. The term of the Permit shall be one (1) year, or a greater term if required by the General Manager; or,

ii. The expiration date of a Permit shall correspond with the expiration date of the Mine Permit, issued under the Mines Act and associated Regulations, for the proposed Soil Removal and Deposit.

Page 116 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7 j) Permit Expiry

i. Every Permit issued under this bylaw shall lapse and be without further force and effect at the earlier of:

a. the soil removal or deposit authorized by the Permit is not commenced within six months of the date of issuance of the Permit: b. the soil removal or deposit authorized by the Permit discontinued for a continuous period of twelve months or greater; c. the soil removal or deposit authorized by the Permit is completed; d. the subject property is transferred or otherwise disposed of; or e. f. the expiry date identified within the Permit. k) Security

i. Soil removal or deposit operations that have a valid Mine Permit on the date of the adoption of this Bylaw are exempt from Section 3.k for the properties that are included within the Mine Permit. Section 3.k will have full effect on these soil and deposition operations at such a time as the Mine Permit is deemed invalid or inactive by the Ministry of Energy and Mines.

ii. Prior to the issuance of a Permit, the amount of the security specified in Section 3.k.iii , in the form of a irrevocable Letter of Credit in a form acceptable to the Regional District, a certified cheque or cash, will be paid to the Regional District.

iii. The amount of security to be provided to the Regional District by the applicant is $5,000.00, plus $5,000.00 for each additional hectare or fraction thereof land to be disturbed as authorized by the Permit, to a maximum of $100,000.

iv. The security shall be maintained in full force and effect throughout the Permit period.

v. Subject to Sections 3.l and 3.m, the security required pursuant to this section shall be returned to the permit holder provided that: a. the area authorized by the Permit has been reclaimed in accordance with the plans submitted as part of the application; and, b. a report by a Qualified Professional has been received by the Regional District, confirming that the area authorized by the Permit has been reclaimed in accordance with the plans, that the land is safe for any use intended and that the terms of the Permit are completely satisfied.

vi. Within thirty days of receiving the report from the Qualified Professional pursuant to Section 3.l, the Regional District must:

a. return the security to the Permit Holder; or b. return a portion of the security to the Permit Holder, minus outstanding soil removal deposit fees; or, c. reject the report and give notice to the Permit Holder of the deficiencies in the report or in the reclamation of the area authorized by the Permit.

vii. If the Permit Holder has not remedied any deficiencies referred to in Section 3.k.vi.c within sixty days of receipt of the notice, the Regional District may use the security to perform the outstanding work. Page 117 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

viii. In the event that the Permit is revoked, suspended or cancelled by the Regional District, the security shall be forfeited to the Regional District, in whole or in part, and may be used at any time to remedy a noncompliance resulting from removal or deposit operations or reclaim the property.

l) Security Reporting

On completion of the work, and prior to expiration of a Permit, the Permit Holder shall submit to the Regional District a report prepared by a Qualified Professional, at the Permit Holder’s expense, certifying that upon completion of the removal or deposit the work substantially complies with the terms of the Permit and the conditions specified in the plans, specifications and reports prepared by the Qualified Professional. This report shall also include a final determination of the volume of soil, rock or topsoil removed or deposited calculated in cubic meters..

m) Quantity Reporting

i. The Permit Holder shall, in the case of removal or deposit of soil for which a Permit is issued:

a. maintain accurate and up-to-date records of all soil removed and deposited and make these records available for inspection by the General Manger on request; and, b. submit to the General Manager an annual declaration by the 31st day of January each year, certified by a Qualified Professional, detailing all quantities of soil removed and deposited in the preceding calendar year and signed by the Permit Holder indicating compliance with the provisions of this bylaw and the Permit. n) Permit Revocation and Reinstatement

i. The General Manager may issue a stop work order, with immediate effect, acting reasonably, if soil removal or deposit activities have not been undertaken in accordance with the terms and conditions of this bylaw or the Permit.

ii. The General Manager, at the direction of the Board of Directors, may, by delivery of a 15-day written notice to a Permit Holder, revoke or suspend a Permit under this bylaw where:

a. the Permit Holder has contravened this bylaw, or another bylaw of the Regional District; b. the Permit Holder has contravened a condition of the Permit authorizing the Soil Removal or Deposit; c. The Permit was issued by the Regional District on the basis of descriptions, plans and specifications submitted by the Permit Holder in support of the Permit application which were incorrect or misleading; or, d. The Permit Holder failed or refused to comply with a stop work order made pursuant to this bylaw.

iii. The Regional District may reinstate a Permit if:

a. the General Manager agrees with the recommendations and conclusions contained in a report from a Qualified Professional confirming compliance

Page 118 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

with this bylaw or providing recommendations as to how the bylaw can be complied with within a timely manner; or,

b. The General Manager is satisfied that the contravention has been adequately addressed by the Permit Holder and all conditions of the Permit have been met.

4. ENFORCEMENT

a) Enforcement

i. The General Manager, Enforcement Officer, those persons retained by the Regional District for inspection purposes, and Agents of the Regional District are authorized individually or in any combination to enter at all reasonable times on any parcel and into any building or structure to ascertain whether the provisions of this bylaw are being observed.

ii. The General Manager, Enforcement Officer, or those persons retained by the Regional District for inspection purposes, and Agents of the Regional District shall comply with the site entry provisions of the Health, Safety and Reclamation Code for Mines in British Columbia.

iii. For the purposes of ascertaining compliance with this bylaw the General Manager may require a Permit holder to provide records of soil removal and deposit and/or a specified report from a Qualified Professional.

b) Offenses

i. A person commits an offence against this bylaw who:

a. removes or deposits soil without a Permit where a Permit is required; b. violates a provision of this bylaw; c. fails to comply with a term or condition of a Permit; d. fails to comply with an order or notice given under this bylaw; or, e. refuses or hinders an inspection under this bylaw.

c) Penalties

i. Any person who violates any of the provisions of this bylaw, or fails to comply with a Permit or order, or prevents or obstructs those authorized to enforce this bylaw, commits an offence and on summary conviction may be liable to a penalty of $10,000.00 per offence, plus the cost of prosecution, pursuant to the Offence Act.

ii. Each day's continuance of an offence under this bylaw constitutes a new and distinct offence.

5. SEVERABILITY

If any Section or portion of this bylaw is held to be invalid by a Court of competent jurisdiction, such invalid Section or portion shall be severed and such invalidity shall not affect the remainder of this bylaw.

Page 119 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.7

Read a First Time this 20th day of August, 2014

Read a Second Time, as amended this day of , 2014

Read a Third Time this day of , 2014

Approved by the Minister of Energy and Mines this day of , 2014 (Local Government Act s. 723)

ADOPTED this day of , 2014

Vice Chair Corporate Officer

Page 120 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.8

REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 3900.2661

TO: Electoral Area Advisory Committee

FROM: Engineering DATE: October 7, 2014

SUBJECT: Mabel Lake Community Domestic Water Service Establishment Amendment Bylaw No. 2661, 2014

RECOMMENDATION:

That it be recommended to the Board of Directors, that Mabel Lake Community Domestic Water Service Establishment Amendment Bylaw No. 2661, 2014 be given First, Second and Third Readings; and further,

That it be recommended to the Board of Directors, that Mabel Lake Community Domestic Water Service Establishment Amendment Bylaw No. 2661, 2014 be Adopted.

ISSUE:

A petition (attached) under section 797.4 of the Local Government Act (LGA) has been received from Mike Sieg, the registered owner of that property located at 10 Simard Road, Electoral Area "F" and legally described as Lot 7, District Lot 2415, Osoyoos Division Yale District, Plan 2790, except Plan B4766, and located at 10 Simard Road, Electoral Area "F", to amend the Mabel Lake Community Domestic Water Utility Service Area to include the property. In order for the property to be included in the service area, an amendment to the Mabel Lake Community Domestic Water Service Establishment Bylaw No. 1908 is required. Consent on behalf of electoral participating area electors has been provided in accordance with section 801.5 of the LGA. Ministry approval is not required prior to adoption under Approval Exemption Regulation 113/2007. Accordingly, staff recommend that Bylaw 2661 receive First, Second and Third Readings and be Adopted.

L 11.a ch!;auwen ExeGDtive Assistant, Engineering

Reviewed and endorsed by: ]TJ)/1~~ Dale McTag ~ng. General Manager, Engineering

Page 121 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.8

MABEL LAKE COMMUNITY WATER UTILITY SERVICE AREA

PETITION

11We, the undersigned property owner[s), hereby petition the Regional District of North Okanagan, In accordance with Section 797.4 of the Local Government Act, to amend the Mabel Lake Community Domestic Water Utility Service Area, as established by Mabel Lake Community Domestic Water Service Establishment Bylaw No. 1908, 2003 as amended to include our property for the purpose of providing domestic water service.

I hereby agree that the annual cost for the service shall be recovered from the Mabel Lake Community Water Utility Service Area by way of availability fees, user fees and connection charges.

Property ID #: 002-687-887

Civic Address: 10 Simard Road

Legal Description: Lot 7 District Lot 2415 Osoyoos Division Yale District Plan 2790 Except Plan 84766

Registered Owner(s): Michael Sieg and Brandy Donis-Sieg

Page 122 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.8

REGIONAL DISTRICT OF NORTH OKANAGAN

CONSENT on behalf of Electoral Area Electors

Pursuant to the provisions of Section 801.5 [Consent on behalf of electoral participating area electors] of the Local Government Act, I, Jackie Pearase, Director for Electoral Area "F", do hereby consent, in writing, on behalf of the electors of Electoral Area "F", to the Board of Directors of the Regional District of North Okanagan adopting the following bylaw:

"Mabel Lake Community Domestic Water Service Establishment Amendment Bylaw No. 2661, 2014"

to extend the boundaries of the domestic water service established by Mabel Lake Commu "ty Domestic Water Service Establishment Bylaw No. 1908, 2003.

Jackie, arase, Director Elector\al Area "F" \

Dated at Goldstream, BC this \ ~;v-. day of JJ"~1·ohe / '2014. ' ' ~···~ I t I .! /I ·.\ I \ I I J f .. QJI\V /I ( ,,.1::\::ip '' 0 c:~ \

Page 123 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.8

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2661

A bylaw to amend the Mabel Lake Community Domestic Water Service Establishment Bylaw No. 1908, 2003

WHEREAS the Regional District of North Okanagan has established the Mabel Lake Water Community Domestic Water Service cited as the "Mabel Lake Community Domestic Water SeNice Establishment By-law No. 1908, 2003";

AND WHEREAS, Section 802 [Amendment or repeal of est

AND WHEREAS the Board of Directors has been petitioned to extend the boundaries of the Mabel Lake Community Domestic Water Service Area;

AND WHEREAS the consent of the participating Electoral Area "F" Director has been received in accordance with sections 801.5 (2) [Consent on bef!alf of electoral participating area electors] of the Local Government Act;

NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan in open meeting assembled, hereby ENACTS AS FOLLOWS:

CITATION

1. This Bylaw rnay be cited as "Mabel Lake Community Domestic Water Service Establishment~endmentBylaw No. 2661, 2014".

AMENDMENT ''· ', 2. Schedule "A" to Mabel Lake, Community Domestic Water SeNice Establishment Bylaw No. 1908, ?003, is amended bya(jjusting the boundaries to add that property located at 10 Simard Road, Electoral Area "F''a11d legally described as Lot 7, District Lot 2415, Osoyoos Division Yale District, Plan 2790, except Plan B4766, as shown on Schedule "A" attached hereto and forming part of this bylaw.

Read a First, Second and THI.RD Time this day of '2014

ADOPTED this day of '2014

Chair Corporate Officer

Page 124 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.8 Area Boundary Area Extension Boundary Proposed

13 Mabel Utility Lake Water Schedule "A" to accompany to "A" Schedule 2014 2661, No. Bylaw this B.C. Coldstream, at Dated 2014 ______, of day _____ Corporate Officer Corporate

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L2 Page 125 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.9

REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 7200 .02

TO: Electoral Area Advisory Committee FROM: Community I Protective Services DATE: October 20, 2014 SUBJECT: Fire Service Minimum Training Standard

RECOMMENDATION:

That the Fire Service Minimum Training Standard Report be received.

DISCUSSION:

Effective October 14, 2014 the "Structure Firefighters Competency and Training Playbook" is established by the Fire Commissioner as the new Minimum Fire Training Standard for the Province of British Columbia, pursuant to section 3 of the Fire Services Act. This replaces the training standard that was previously established on January 1, 2003.

This new standard sets out training, evaluation and resource requirements based upon the service level identified by the Authority Having Jurisdiction for the provision of fire services in each community. The standard references competencies which are drawn from the National Fire Protection Association (NFPA) Standards.

3 Service Levels are defined by the OFC, and for each one a minimum standard for training, evaluation, and resource requirements has been established:

• Exterior Operations Level Firefighter- includes firefighting activities restricted to the control and extinguishment of fire from a position external to the building or object in question and outside any environment immediately dangerous to life and health (IDLH). Training requirements based on NFPA 1001, FF1. • Interior Operations Level Firefighter - includes firefighting activities that include entry into structures and objects for the purpose of control and/or extinguishment of a fire. Generally restricted to small structures and single family dwellings but may include other structures that the Local Authority has assessed and pre-planned. Training requirements based on NFPA 1001, FF1 (additional to those specified for Exterior Operations Level Firefighter, and specific to interior operations). • Full- Service Operations Level Firefighter- full spectrum of fire services. Training requirements include completion of NFPA 1001, FF2, and NFPA 1021 Fire Officer training competencies.

Page 126 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.9 Fire Service Minimum Training Standard ISSUES:

With the new training standard effective immediately (October 14, 2014) a high degree of uncertainty will exist, until such time as RDNO is fully compliant, as to its liability exposure in responding to structure fires based on current training standards and response protocols.

The Playbook generates many unanswered questions, responses for which a Q&A section of the OFC website will be developed. As of October 22 it was not yet functional.

For example: no information has been provided as to: • transition plan providing time to achieve new training standards • mechanism for determining equivalency for non- NFPA training. This is a major issue for fire departments in the North Okanagan that have utilized customized training such as New Recruit Training, developed in the North Okanagan as opposed to the Basic Firefighter training available through the Justice Institute.

Previous attempts, the last of which was in 2009, to introduce something similar was met with significant resistance and subsequently withdrawn.

The new training standard will likely require a significantly greater financial commitment on the part of RDNO in upgrading training for current personnel as well as training future recruits. Additionally, this new training standard increases the time commitment adding to the challenges of finding and retaining firefighters. Incremental to that are the additional demands on Officers, especially Fire Chiefs. Note: the College of the Rockies includes in its curriculum a Firefighter Program which in 880 hours of instruction provides the training required to attain NFPA 1001 , FF1 and FF2. This plus Fire Officer training, is standard the OFC has identified for Full- Service Operations.

Submitted by:

Ron Baker Community I Protective Services Manager

\ "' Approj ed fo

J \ - Leah Mellott David SeVfell G.M. Electoral Area Administration Administrator

Attachments: British Columbia Fire Service Minimum Training Standards- Structure Firefighters Competency and Training Playbook

Page 127 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.9

British Columbia Fire Service

Minimum Training Standards

Structure Firefighters Competency and Training PLAYBOOK

September 2014

Pursuant to section 3(b) of the Fire Services Act of B.C.

Page 128 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.9

Acknowledgements

The Office of the Fire Commissioner wishes to acknowledge the contributions of the following organizations in the compilation, consultation, evaluation and drafting of the B.C. Fire Service Minimum Training Standards:

Fire Chiefs Association of British Columbia

British Columbia Fire Training Officers Association

Justice Institute of British Columbia

Vancouver Island Emergency Response Agency

College of the Rockies

It was through the efforts of these organizations as well as staff and other individuals within the fire service that this Playbook was created. In moving forward, the Playbook is intended to be a living document that will be periodically reassessed with a view to enhancing or clarifying aspects identified by the fire service.

Page 2 of 22

Page 129 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.9

1. Purpose:

To establish minimum standards of training required for fire services personnel in British Columbia. This Playbook sets out a competency-based ladder that provides for a minimum level of sequential training and operational requirements that must be met by each fire department. The level of minimum standards that must be met by each fire department is determined by the Service Level provided by a fire department as determined by the Authority Having Jurisdiction that is responsible for that fire department. 2. Scope:

This Playbook and establishment of the Service Level requirement are intended to provide an industry recognized minimum standard of training that utilizes, and bridges to, the current National Fire Protection Association (NFPA) Firefighter qualifications. It is not intended to change or nullify any requirements or training related to other roles or functions in the fire service. This Playbook establishes the minimum standards of training that must be met and does not encompass all roles or functions of the fire service. Some roles and functions will require additional training. This Playbook does not preclude the need for fire services to obtain and maintain training in these other roles or functions (example: pump operator). This document is applicable to any fire service/department in British Columbia that provides fire services and includes municipal fire departments, volunteer fire departments, and fire departments established as a society under the Society Act of BC. For the purpose of this document, the term “Authority Having Jurisdiction” or “AHJ” correctly describes local or regional government. It does not apply to provincial Wildfire Management Branch (WMB) resources. This document and program establishes the minimum standards for the skills and training necessary to perform the role of a firefighter and team leader at each designated level of competency. This document and program does not cover the minimum standards for the skills and training necessary to perform other advanced or specific functions/roles such as, but not limited to: Incident Commander, Driver/Operator, Incident Safety Officer, or Rapid Intervention Team. The competencies and/or requirements of these and other specific fire operations functions should be addressed through other applicable training programs and standards. 3. Principles:

Each AHJ must select and declare its firefighting Service Level in order for the AHJ to determine which set of minimum standards are to be met. This declared Service Level needs to be fully reflected in the fire department’s operating guidelines and policies. The AHJ’s decision should be based upon:  local conditions;  consultation with representatives of local fire service delivery organization;  availability of resources and the ability of those resources to respond;

Page 3 of 22

Page 130 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item E.9

 the realities of the community in terms of demographics, travel distances, fire hall locations, and staffing models; and  the ability of the jurisdiction or organization to financially support the operations and meet all applicable safety and operational requirements.

There are three (3) Service Level options available under this Playbook. Each AHJ must carefully examine what level of service its department is mandated to provide and then meet the appropriate training and operations identified in the competency ladder. Ensuring compliance with minimum standards established in this Playbook is the responsibility of the AHJ. It is the responsibility of each AHJ to immediately take steps to ensure implementation of the training requirements associated to the Service Level selected. The AHJ is responsible to ensure that any training provided internally or by an outside agency, meets the competencies and minimum standards identified in this Playbook. As a competency-based program, formal accreditation, while encouraged, is not required by this Playbook. Each firefighter must be provided training and evaluation in all competencies, both theoretical classroom and hands-on practical skills, that are identified in the curriculum. Assessments/evaluations of competencies can be carried out by the AHJ so long as the evaluation instruments follow the criteria of this Playbook and that detailed records of firefighter training and evaluation are maintained.

4. Competencies

The Playbook establishes and describes the minimum competencies required of firefighter roles in the following three (3) categories:  Exterior Operations Level Firefighter  Interior Operations Level Firefighter  Full-Service Operations Level Firefighter

In addition, the Playbook establishes three new fire ground supervisory descriptions related to training competencies. These are:  Exterior Operations Level Team Leader  Exterior Operations Level Risk Management Officer  Interior Operations Level Team Leader

The fire service has a number of well-established officer ranks within its structure. However, use of departmental officer rank identification is not included within this Playbook as they do not necessarily signify an operational role on the fire ground. The supervisory descriptions identified above do not require new “positions” in the department; they simply reflect specific skills and training required to lead a functional crew. Each department must determine the number of these trained individuals required for their AHJ/department.

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5. Terminology:

Team Leader: In this Playbook the term Team Leader is applied to identify the individual, whether they be a firefighter or officer, responsible for a specific crew function at an emergency incident. Background: On the fire ground most departments operate in a manner whereby not all activities are supervised by an officer; commonly there are simply not enough officers for all the functions being performed. Usually a functional role being performed, such as ventilation, results in the identification and assignment of a Team Leader. This individual may commonly be referred to as the Ventilation Team Leader, or some other functional description. Frequently a senior or more qualified firefighter will lead the team, even if they are not of officer rank. This reality is identified and accounted for in this Playbook. This terminology also recognizes the reality of elected officers in some department structures who may/may not have advanced operational qualifications or skills. Team Leaders require a higher degree of competency than those they are supervising. This is a worker safety requirement of WorkSafeBC as well as being operationally sound. This Playbook therefore identifies the minimum training competencies required for those individuals who will be assuming Team Leader roles within Exterior and Interior Operations Service Level departments. Risk Management Officer:

The Incident Commander (IC) manages a specific incident in a safe and effective manner, while the Risk Management Officer role ensures that the department has in place Operational Guidelines, training programs and other administrative processes that ensure safe and effective operations at all incidents. In this Playbook the term Risk Management Officer is applied to identify the individual, usually a senior officer, responsible for ensuring administrative processes are followed to ensure an Exterior Operations Level department practices safe and effective fire ground operations as a matter of principle. This position does not replace either the Incident Commander (IC) or Safety Officer (ISO) role at a scene. The Risk Management Officer may be the Fire Chief, or they may be another senior officer depending on the composition and structure of the department. Regardless of who performs the role, it is not a single incident function. Individuals may be trained, or assume, multiple diverse roles within a department or during fire ground operations. 6. Instruction and Evaluation:

The instruction and evaluation components of this Playbook are detailed within the document. There are clear expectations identified related to training materials, lesson plans, instructional qualifications, evaluation instruments, and training records database management. Training and evaluation can occur via either a 3rd party accredited training organization, or “in-house” using non-accredited instructors and evaluators. The decision on the most appropriate method for each department rests with the AHJ.

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It is the responsibility of all fire departments/AHJ’s to be able to accurately identify, record, edit and report out on a complete list of training records for each individual firefighter including specific training subjects covered at each training session. All training records must be kept in accordance with WorkSafeBC Regulations and any other regulatory requirements.

7. Maintenance Training:

This Playbook identifies the minimum training competencies required of all firefighters at each service level. The maintenance of training competencies is the responsibility of the Authority Having Jurisdiction and it is expected that this will be accomplished through ongoing skills maintenance training and education.

8. Authority to Amend:

The Fire Commissioner is empowered to make minor amendments in the form of corrections or clarifications to the content of the Playbook without approval of the Minister, providing there is no substantive change to the minimum standards outlined. Any other amendments are subject to the approval of the Minister pursuant to section 3 of the Fire Services Act. Amendments shall be posted to the Office of the Fire Commissioner (OFC) website.

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Definitions

For the purpose of this Playbook, the following definitions apply: Appliances – various purpose-designed and built devices which can be deployed, to assist in the acquisition and delivery of water flows (e.g. nozzle, wye, gate valve). Authority Having Jurisdiction (AHJ) – for the purpose of this document the AHJ is any local government or other entity or organization that provides fire services in British Columbia Basic Firefighter Training Program – This was a “made in British Columbia” training program designed for firefighters working in fire services that provide only exterior fire suppression practices. The program is based upon the NFPA 1001 training curriculum involving those components which specifically address skills relevant to exterior firefighting only. Firefighters only trained in the Basic Firefighter Training Program are not trained to undertake offensive, interior attacks at structural or other fires and never should do. Certification/Accreditation – is awarded to firefighters trained or qualified to meet or exceed a specific operational standard AND who are successfully evaluated by a third party organization, or by an agency on their behalf. Competency/Requirement – is achieved by firefighters trained or qualified and evaluated to meet the operational requirements of a given standard or program but not necessarily certified by an accredited agency to that standard. Competency is recognized if full training and evaluation records for a given skill performed by the individual firefighter can clearly demonstrate that all identified competency requirements of the standard have been met. Exterior Operations – is the Service Level that includes firefighting activities restricted to the control and/or extinguishment of fire from a position external to the building or object in question, and outside of any IDLH environment. Full Service Operations – is the Service Level that includes activities that are undertaken by firefighters trained in the full spectrum of competencies outlined in the NFPA 1001 Standard for Fire Fighter Professional Qualifications. Hose – water hose which is purpose-designed and built for structural firefighting. Size and type must be appropriate to the hazards and intended use. IDLH (Immediately dangerous to life and health) - Is a descriptor commonly used to describe incident conditions that present an immediate threat to a person’s safety through inhalation or exposure (e.g. smoke, noxious vapor, super-heated air). Incident Commander – is a designated and specifically trained individual responsible for safety, strategies and tactics during any fire service operation. Incident Safety Officer (ISO) – is a trained firefighter with fire ground experience and education in identification of incident hazards before they become issues and capability of generating solutions or direct actions to avoid such hazards.

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Interior Operations – is the Service Level that includes firefighting activities that include entry into structures and objects with the purpose of control and/or extinguishment of fire. This requires use of specialized protective equipment and procedures not covered by the training provided in relation to Exterior Operations Service Level. Maintenance Training – ongoing training provided to firefighters to ensure previously acquired skills, abilities and knowledge are retained at a level sufficient to meet the associated competencies. NFPA 1001 - National Fire Protection Association Standard for Fire Fighter Professional Qualifications. Pursuant to the Fire Services Act (BC) and this Playbook, NFPA standards have been identified in British Columbia as the standards upon which all firefighter competency training will be based and evaluated. The most current version of NFPA 1001 must be used. PASS Alarm – Personal Alert Safety System. A purpose-designed and built device worn by a firefighter during operations that quickly identifies and sounds an alarm should the firefighter become incapacitated. PASS Alarms may be incorporated into an SCBA device by manufacturers. Personal Protective Equipment (PPE) – Typically consists of purpose-made and regulated garments for structural firefighting including: protective boots, turn-out coat and pants, balaclava, helmet and firefighting gloves. Pumping Apparatus – a purpose-designed built structural firefighting engine/pumper originally designed and built based upon NFPA 1901 and/or ULC S-515. This vehicle must be capable of delivering water flows to a fire hose and nozzle which are suitable for the hazards present in the community. It must have an on-board initial water supply and capability of drawing water from external sources for extended periods. Rapid Intervention Team (RIT) – a dedicated crew of firefighters, at a minimum trained to conduct Interior Operations as set out in this Playbook and assembled within the time frames required under s. 31.23(4) of the Occupational Health and Safety Regulation under the Workers Compensation Act, ready to engage in firefighter rescue operations. Risk Management Officer – an administrative position created within this Playbook framework to ensure that External Operations Level fire services are identifying and managing the risk and safety aspects of their operation. Areas of concern include: training program design, training records management, Bylaw management, Operational Guidelines, adherence to applicable regulations and standards, and other non-fire ground administrative matters related to safety and risk. SCBA (Self-contained breathing apparatus) - is purpose-designed and built for firefighters to allow for operations in and around dangerous atmospheres. Service Level – means Exterior Operations, Interior Operations or Full Service Operations Team Leader – a firefighter or officer trained/qualified to lead a team of firefighters in the undertaking of a fire ground task, or set of tasks, as applicable to the operational Service Level provided by the department. Team Leader qualifications are not based, nor necessarily applicable, to a department rank. Requirements are set out in the Standards and Requirements sections of this document.

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Instruction and Evaluation Requirements

Training and evaluation may be administered via 3rd party accredited providers, or be done “in- house” by qualified department personnel. The following describes the requirements for “In- House” delivery of Playbook training related requirements. If departments choose to utilize a 3rd party, providers will facilitate all training and evaluation instruments. It is recommended that departments ensure compliance when organizing training with any 3rd party provider to ensure compliance with the competencies required, at minimum.

1. Training Materials for departments choosing to train “In-House”

Exterior Operations Level:  Exterior Operations Level training materials will be those included as part of the Exterior Operations Level Train-the-Trainer curriculum package, as provided by the OFC. Lesson plans, instructional techniques and evaluation tools and instruments are included as part of the curriculum package Interior and Full-Service Operations Levels:  Interior and Full-Service Level training materials must be obtained by the fire department from recognized third party instructional material providers such as IFSTA (Essentials), Jones & Bartlett (Fundamentals), or other organizations recognized by the OFC. These comprehensive materials include detailed reference articles, lesson plans, and skill sheets that can be used as a portion of the overall evaluation.

2. Instructor Qualification requirements for “In-House” training delivery

Exterior Operations Level:  The fire service member responsible for the delivery of Exterior Operations Level training to firefighters must be a graduate of a current Train-the-Trainer for the Exterior Operations Level from a program recognized by the Office of the Fire Commissioner of BC. Contact the OFC for a list of qualifying programs. Interior Operations Level:  The fire service member responsible for the delivery of Interior Operations Level training programs must possess current NFPA 1001-FF2 Certification. It is optionally recommended that they also be certified as a Fire Service Instructor 1. In addition the individual responsible must ensure the training meets the requirements of the Occupational Health and Safety Regulation under the Workers Compensation Act, Part 31: 31.4 Instruction and direction The employer must ensure the adequate instruction and direction of firefighters in the safe performance of their duties.

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Full-Service Operations Level:  The fire service member responsible for the delivery of Full-Service Operations Level training programs must possess current NFPA 1001-FF2 Certification and certification as a Fire Service Instructor 1. In addition the individual responsible must ensure the training meets the requirements of the Occupational Health and Safety Regulation under the Workers Compensation Act, Part 31: 31.4 Instruction and direction The employer must ensure the adequate instruction and direction of firefighters in the safe performance of their duties. 3. Evaluator Qualification requirements for “In-House” training delivery

Exterior Operations Level:  Evaluations for the Exterior Operations Level must be conducted as part of the training program and under the direct responsibility of a graduate of a current BC Fire Training Officers Association (BCFTOA) Train-the-Trainer (TTT) program. Evaluation instruments for firefighter skill competencies are included as part of the Train-the-Trainer curriculum. Interior and Full-Service Operations Levels:  Evaluations for the Interior Operations and Full-Service Levels must be conducted as part of the training program and under the direct responsibility of a qualified instructor. Evaluation checklists can be obtained from the British Columbia Fire Training Officers Association (BCFTOA). Skill sheets and other basic evaluation tools included within the curriculum materials should be used. In addition, relevant competency evaluations based upon the current NFPA 1001 Standard should be utilized.

4. Student Tracking

Training providers and individual departments are required by WorkSafeBC to track training. Globally, the BCFTOA will voluntarily track all departments utilizing this Playbook as best they can. Departments are strongly encouraged to update the BCFTOA on a regular basis. 5. Exams and Skill Sheets

The BCFTOA can assist in the creation of evaluation tools for all service levels contained within this Playbook. Skills sheets will be available for all levels as well. Evaluation packages will be distributed to individual departments for “in-house” delivery upon request. Third party provider agencies, whose programs have been vetted as compliant with program competencies by the OFC and BCFTOA, are expected to utilize their own internal training and evaluation instruments. 6. Bridging and Prior Learning Assessment

Bridging from one level to a higher one within the Playbook is possible.

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Provider agencies have agreed to recognize all graduates of training programs from other providers that meet, or exceed, the core competencies as described in this Playbook and as determined by the OFC. Only the core competencies will be universally recognized. Any materials covered above the core competencies can be evaluated for equivalency by the provider being considered. Departments that train in-house and complete one of the accredited provider agencies evaluation processes will also be accepted by alternative providers. In terms of Prior Learning Assessment for firefighters who may have previous training, at whatever level, the onus is on the Fire Chief to put in place any processes whereby the department determines, to their satisfaction, whether the prior learning and competencies of a firefighter meet the required training of that department. 7. Important Considerations for local decisions on Service Level and Training

It is important to recognize that a number of the certification components may not be applicable for all jurisdictions (e.g. fire hydrants). Therefore, the AHJ must identify the competencies that do not have application in their jurisdiction. These areas must be identified in the Service Level Policy Statement and must be reflected in the training program description and evaluation processes. In addition, this Playbook is not an “all encompassing” program: additional training and competency in specific skill areas is required for a department to operate at an emergency incident such as driver training, pump operations, rapid intervention team, incident safety officer and others. These aspects of fire service function are beyond the scope of this Playbook, but are nonetheless still critical areas that must be addressed through training and operational procedure.

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BC Firefighter Competency Matrix Requirements  Determination by the AHJ of the Service Level appropriate to community needs  Policy Statement describing fire department’s authority and Service Level  WorkSafeBC firefighter coverage in place  WorkSafeBC safety and functional requirements in place (Eg. firefighter fitness records, Employer/Worker OH&S program representatives, Rapid Intervention Team OG)  A Training Record recording and retention process which permits ready identification of the current training level and/or certification of each firefighter. It must also provide for retention of all records previously undertaken by every firefighter and kept indefinitely, regardless if they leave the department  Appropriate equipment and apparatus available to meet the declared Service Level requirements

Position Competency Ladder Service Level Exterior Operations Exterior Attack Firefighter Exterior Attack Team Leader

Risk Management Officer Administration) Interior Operations Interior Attack Firefighter

Interior Attack Team Leader Full Service Operations Firefighter

Company fire Officer

** Each level in the Competency Ladder has identified requisite minimum training requirements described within this document that must be met. Page 12 of 22

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The following competencies extracted from NFPA 1001 – FF1 must be met to achieve the requirements for Exterior Ops Firefighter (specific competency lesson plans and evaluations are available from the OFC and partner training provider agencies)

Emergency Scene Traffic NFPA 1001 5.3.3

Safety & Communications NFPA 1001 5.1.1, 5.1.2, 5.2, 5.2.1, 5.2.2, 5.2.3, 5.3.2, 5.3.17, 5.3.18 External Operations (Exterior Firefighter competencies) Firefighter (Exterior Job Performance Requirements Job Performance

PPE and Self Contained Breathing Apparatus NFPA 1001 5.1.2, 5.2, 5.3, 5.3.1, 5.3.2, 5.5.1

Ropes and Knots NFPA 1001 5.1.2, 5.3.20, 5.5.1 Fire Streams, Hose and Appliances NFPA 1001 5.3.7, 5.3.8, 5.5.1,

5.5.2

Ventilation NFPA 1001 5.3.11, 5.5.1 -

Water Supply NFPA 1001 5.3.15, 5.5.1, 5.5.2 Firefighter

Ladders NFPA 1001 5.3.6, 5.5.1

Rehabilitation Area (REHAB) NFPA 1001 5.1.1, NFPA 1500, NFPA

1584 Introduction to Basic Fire Behavior and Building Construction

NFPA 220, NFPA 921, NFPA 1001 5.3.11, 5.3.12, 5.3.13 NFPA 5000 1 Dangerous Goods or Hazmat Awareness (from NFPA 472) Gas & Electrical Safety for Firefighters (supplied by a BC Utility utilizing an evaluation mechanism) 2 3 Incident Command System 100 (from BCEMS curriculum)

All of Exterior Operations Firefighter PLUS completion of the following competencies from NFPA 1001 – FF1

Organization, Safety and Communications NFPA 1001 5.2.4

RIT Training – pertinent to jurisdictional hazards NFPA 1001 5.3.9 Interior Operations

(NFPA 1001 (NFPA NFPA 1407, NFPA 1500 Requirements Job Performance

Self Contained Breathing Apparatus NFPA 1001 5.3.1, 5.3.5, 5.3.9

Search and Rescue NFPA 1001 5.3.9 –

FF1 competencies) FF1

Fire Behavior NFPA 1001

Fire Extinguishers NFPA 1001 5.3.16 -

Firefighter Building Construction NFPA 1001 5.3.11, 5.3.12 (not sure how far the exterior takes the Building Construction)

Forcible Entry NFPA 1001 5.3.4

Ventilation NFPA 1001 5.3.12

Loss Control NFPA 1001 5.3.13, 5.3.14

Live Fire Exterior NFPA 1001 5.3.7, 5.3.8, 5.3.10, 5.3.19

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competencies) Requirements Operations (NFPA 1001 (NFPA Performance Performance

All of NFPA 1001 – FF2 competencies (except Hazmat and Full Service Firefighter Medical Response) and with the addition of: FF2 Job

Live Fire Exterior and Interior –

-

Hazmat Operations (NFPA core competencies plus 6.6)

Completion of the Operational Firefighter requirements for either

the Exterior or Interior Service Level PLUS the following 4 Requirements Job Performance competencies from NFPA 1021: 1021 (NFPA

- Incident Command and Fire Attack NFPA 1021 4.1.1, 4.2.1, 4.2.2, Exterior & Interior

4.2.3 TeamLeader BRITISH COLUMBIA FIRE SERVICE - Pre-Incident Planning, Size-up and Incident Action Planning NFPA –

competencies) 1021 4.5.2, 4.5.3, 4.6, 4.6.1, 4.6.2 MINIMUM

- Fire ground Accountability NFPA 1021 4.6.1, 4.6.2

Live Fire – Exterior (Recommended for Exterior Operations)NFPA

1001 5.3.7, 5.3.8, 5.3.19

Live Fire Exterior and Interior (Recommended for Interior Operations)

Completion of the Team Leader requirements for the Exterior STANDARD Risk M Operations level PLUS the following courses (1 from each area): 5 Officer

One

Incident Action Planning (operational) anagement of

Incident Safety Officer NFPA 1521 6.1 – 6.7.2 (operational)

FCABC/LGMA Chief Officer Orientation (administrative) One of

Beyond Hoses and Helmets, or equivalent (administrative) TRAINING J

Company Fire ob ob competencies) Requirements

Fire Officer 1 (NFPA 1021) 1021 (NFPA Performance Performance Officer Incident Command 200

Fire Service Instructor 1

–

Emergency Scene Management (Fireground control)

REQUIREMENTS Footnotes:

1. Can utilize any training provider, including internal, that meets the competencies of NFPA 472 – Awareness Level 2. Can utilize any program, developed by a registered Gas or Electrical Utility within the Province of BC, which includes an evaluation instrument based upon current recommended practice 3. Can utilize any training provider, including internal, using certified training and evaluation based upon the BCEMS model 4. Can utilize any training provider, including internal, that meets the competencies of NFPA 1021 – Fire Officer Professional Qualifications 5. Recognized program with subject matter covering areas such as strategies and tactics, fire ground command, emergency scene management, or other program acceptable to the OFC

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Exterior Operations Service Level Definition

Exterior Operations Level fire service firefighters shall not enter any building, vehicle, dumpster or other object if an IDLH atmosphere is present. If an IDLH atmosphere is present, Exterior Operation firefighters shall only engage in external fire suppression activities. Operational Guidelines that restrict them to Exterior Operations must be written and enforced by the department, even though they may possess equipment that would otherwise permit them to respond at a higher level. On occasions where the department responds to a simple incident, such as a pot on the stove or electrical outlet fire and an IDLH atmosphere does not yet exist, it is reasonable to address the issue from inside the structure. However, if an IDLH atmosphere develops or the fire progresses beyond the object of origin, or the environment or structure become compromised in any way, all firefighters must immediately withdraw to the exterior and combat the situation from the outside. Exterior Operations require at least three personnel to be carried out safely and effectively. A target response time, as applicable and acceptable to the AHJ, should be established. Exterior Operations Team Leaders are trained to supervise safe exterior operations only. The Exterior Operations Risk Management Officer is an administrative role focused on ensuring departmental safe work practices and adherence to the relevant regulations and standards. The External Operations Level applies to all external fire ground operational functions except support positions such as, but not restricted to: rehab/first aid, first medical responder, vehicle driver. Specific training for these roles, and applicable to the hazards involved, is still required for these positions and must be addressed elsewhere in departmental training programs.

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Exterior Operations Requirements

Administration

• Policy Statement from governing organization describing authority to operate and mandated service level • WorkSafe BC coverage in place • The AHJ must create and retain records of the training taken by each firefighter • Completion of Exterior Attack Training Requirements

Equipment

• Personal Protective Equipment (as required by WSBC/NFPA) • Pumping Apparatus, hose and appliances • Adequate water supply and flow

Fire Ground Requirements (WorksafeBC)

• Incident Commander (Supervision) • SCBA worn for any IDLH atmospheres • A firefighter must be trained and provided with the appropriate resources/PPE in order to perform the work expected

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Interior Operations Service Level Definition

Interior Operation Fire Departments may engage in internal fire suppression activities within simple structures or objects such as a vehicle, single family dwelling or other small structure. Interior Operations may also include other structures that the AHJ has assessed and pre-planned for such that they determine the structure to be safe for Internal Operations qualified firefighters. Firefighters must be trained specific to the risks associated with these structures. Interior Operations Level fire services will have Operational Guidelines, that must be written and enforced by the department, that describe advanced training in fire operations activities that allow for a calculated fire attack within permitted structures and objects. Interior operations must be undertaken in accordance with the requirements of WorkSafeBC (including, in particular, s. 31.23 of the Occupational Health and Safety Regulation made under the Workers Compensation Act (BC)). Before any entry to a fire-involved structure is made, the fire department must have qualified Team Leaders on scene and ensure that the correct requirement for water and suppression activities can be maintained at all times as per the Incident Action Plan. Interior Operations require a contingent of personnel on scene to meet the WorkSafeBC Occupational Health and Safety Regulation requirements. A target response time, as applicable and acceptable to the AHJ, should be established. Interior Operations Team Leaders are trained to supervise safe interior operations. Team Leaders must follow established Operational Guidelines or Procedures for safety during all fire ground operations. The Incident Commander must recognize the need, and staff appropriately, for a Rapid Intervention Team (RIT) with trained firefighters following the requirements of WorkSafe BC Regulations.

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Interior Operations Requirements

Administration

• Policy Statement from governing organization describing authority to operate and service level • WorkSafe BC coverage in place • The AHJ must create and retain records of the training taken by each firefighter • Completion of Interior Attack Training Requirements

Equipment

• Personal Protective Equipment (as required by WSBC/NFPA) • Pumping Apparatus, hose and appliances • Adequate water supply and flow

Fire Ground Requirements (WorkSafe BC)

• Incident Commander (Supervision) • SCBA worn • Rapid Intervention Team (RIT) capability (s. 31.23(4) OS&H Reg.) • PASS Alarm (may be integrated into SCBA) • A firefighter must be trained and provided with the appropriate resources/PPE in order to perform the work expected

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Full Service Level Definition

Full Service Operations Fire Departments are equipped and have completed the appropriate training identified in this Playbook to provide a full spectrum of fire services. These services are based on the competencies included within the NFPA Firefighter and Fire Officer Standards. Full service fire departments will have Operational Guidelines that must be written and enforced by the department, that describe advanced training in fire operations activities. These fire departments are organized such that the suppression activities that occur are based on response protocols which include the appropriate staffing levels, and number and type of apparatus on scene. Full-service level fire services should utilize Incident Action Plans based on standardized responses for all types of fire suppression activities matched against an established benchmark.

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Full Service Operational Requirements

Administration

•Policy Statement from governing organization describing authority to operate and service level •Worksafe BC coverage in place •The AHJ must create and retain records of the training taken by each firefighter •Completion NFPA 1001 Firefighter 2 training competencies •Completion of NFPA 1021 Level 1 Fire Officer training competencies

Equipment

•Personal Protective Equipment (as required by WSBC/NFPA) •Pumping Apparatus, hose and appliances •Adequate water supply and flow

Fire Ground Requirements (WorksafeBC)

•Incident Commander (Supervision) •SCBA worn •Rapid Intervention Team (RIT) capability (s. 31.23(4) OS&H Reg.) •PASS Alarm (may be integrated into SCBA) •A firefighter must be trained and provided with the appropriate resources/PPE in order to perform the work expected

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Playbook Compliance Checklist (Fire Department Internal Use)

Department Name: Date:

Fire Fighter Competency and Training Playbook Checklist 1. Does your local government have a bylaw to establish the fire department or if you are a registered society, do your constitution and bylaws provide the mandate to establish a fire department? Yes No

Note: If the answer is "no" the fire department will not be considered by the Office of the Fire Commissioner for deployments under the Provincial Mobilization Plan. If "yes", identify the functions that the fire department is authorized by the local authority to deliver? 2. Is your local authority/registered society registered with WorkSafe BC? Yes No

Note: If the answer is “no” the fire department will not be considered by the Office of the Fire Commissioner for deployments under the Provincial Mobilization Plan. 3. Is there a policy statement determining if the fire department will provide either a defensive/exterior or an offensive/interior structure fire attack type for fire suppression? Yes No

4. Is there a policy statement determining the training standards to which the fire department will train? Yes No

Note: If the answer is “no” the fire department will not be considered by the Office of the Fire Commissioner for deployments under the Provincial Mobilization Plan. If "yes", what standards have been adopted for the fire department? 5. Who coordinates your department’s firefighter training? Please list positions:

6. Is there a Training Records database and records management system that provides detailed records for the training of each firefighter? Yes No

7. Does the training records system maintain records for every members training in perpetuity (their lifetime)? Yes No

Fire Department Service Level Identification Yes No Exterior Operations – Buildings, Vehicles, Dumpsters Interior Operations – Simple structures Full Service Other Comments

______Name of Individual completing the Checklist Title/Position

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Training Organizations (Information only)

The following professional organizations can assist with agency direction and training provider contacts:

FCABC – Fire Chiefs Association of BC www.fcabc.ca BCFTOA – BC Fire Training Officers Association www.bcftoa.com OFC – Office of the Fire Commissioner of BC http://embc.gov.bc.ca/ofc/index.htm BC Wildfire Management Branch www.bcwildfire.ca FPOABC – Fire Prevention Officers Association of BC www.fpoabc.bc.ca FNESS – First Nations Emergency Services Society of BC www.fness.bc.ca

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Page 149 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item G.1

REGIONAL DISTRICT OF NORTH OKANAGAN

MINUTES of a REGULAR meeting of the ADVISORY PLANNING COMMISSION ELECTORAL AREA ‘F’ of the REGIONAL DISTRICT OF NORTH OKANAGAN held at the Enderby Fire Hall on October 20, 2014

Members: C. Dale Fennell Keith Gray Bob Honeyman Bernie Moubray Tilman Ernest Nahm Robert Whitley

Other: Jackie Pearase, Electoral Area “F” Director Monica Nahm, Recording Secretary

Guests: Laura Frank, Sustainability Coordinator/Planning Technologist

CALL MEETING TO ORDER

The Chairperson, Keith Gray called the meeting to order at 7:00 pm.

APPROVAL OF AGENDA

Moved by: Robert Whitley Seconded by: Tilman Nahm “That the Agenda of the October 20, 2014 Advisory Planning Commission Electoral Area “F” meeting be approved as presented, no late items.” CARRIED

ADOPTION OF MINUTES

Moved by: Robert Whitley Seconded by: Bernie Moubray “That the minutes of September 29, 2014 Advisory Planning Commission of Electoral Area “F” meeting be adopted as circulated.” CARRIED

DELEGATIONS

Electoral Area “F” Official Community Plan Review

Laura Frank presented the staff report dated July 21, 2014 and the Terms of Reference.

NEW BUSINESS

Electoral Area “F” Official Community Plan Review

DISCUSSION:

● Laura Frank discussed the avenues to engage the public for their feedback on the plan through open houses, mail outs etc. She would like ideas on how to get the public to join in on the planning of their Community Plan.

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● Ms Frank stated that the Review should be done every 5 years and it is going on 10 without a review. She is also requesting names of other members of the community that may be interested in assisting in the review process on the steering committee. ● Tilman Nahm asked how the BC Land Commission figured in this process. Ms Frank said a letter had gone out to them when they started. They will be involved and their feedback once the new Plan has been done, will be needed. ● Dale Fennell questioned the Planning Report’s cost of consultants. Was it money well spent? Ms Frank admitted it was not as cost efficient (reviews for revisions) as if staff had done it internally. Tilman Nahm suggested that the hiring of temporary staff be a consideration. Ms Frank noted that staffing costs would be half the price as consultants. ● Dale Fennell noted that with the Development applications that wildfire safety seems to be a low priority. Ms Frank stated that changes regarding this issue have been addressed in other areas. ● Tilman Nahm suggested that when they put an ad in the newspaper regarding the Community Plan Review that they should also talk to a reporter and give an interview regarding the importance of input from the community. ● Ms Frank summed up her presentation saying she was requesting the APC’s assistance in any new members who could possibly be interested in assisting this process, events they could be at to inform the public and help with items listed on page 10 & 11 in the Terms of Reference. She plans to be back for the November meeting for a review and the APC could also contact her if they needed anything.

Referral Application {For Information Only} Splatsin Proposed N2C First Nations Woodland License Area File No. 14-0318-F-REF

DISCUSSION

● Dale Fennell pointed out that the RDNO was notified by a letter dated September 10, 2014 and the deadline for any comments or concerns was October 10, 2014, when the District Manager would be forwarding his recommendations regarding this License. Why “again” is there such a short deadline to the RDNO and why does the APC not have an opportunity to give a response to this? We know that Jackie Pearase has asked this question before at the meetings with the board. ● Dale Fennell states that he has concerns regarding the huge size of the woodlot area. Wants to know what their allowable annual cut is? Why they would need an area this big to meet it? He has concerns that with this big of an area under their control would there be issues of access on these crown lands that were not related to the woodlot. Would their maybe be a conflict between the First Nations and the recreational users in these areas? Would our access be impinged by the Splatsin Band? This could be precedent setting. We have unhindered access and it is important that our right to go on crown lands is not cut off. With a large wood lot of that size we may see development on it that they would control. ● Tilman Nahm wants to know if this woodlot would be treated and ruled as any other woodlot and have no special rights accorded? Jackie Pearase said this question would be asked at the next meeting. ● Dale Fennell states that the Regional District needs to push the Ministry that this is not acceptable. This is a big concern that the rules may be different for the First Nation. ● Bob Honeyman said that once they get a precedent and a few exceptions from the rules, what stops this and he cannot understand why it was not up for bid. ● Dale Fennell said that the letter states it was a mandate from the Provincial Government.

Page 151 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item G.1 APC “F” Minutes – Regular - 3 - October 20, 2014

ADJOURNMENT

There being no further business, the meeting was adjourned at 7:30 p.m.

Certified Correct:

Chair Recording Secretary

Page 152 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item G.2 Regional District of North Okanagan Building Inspections Statistical Report for Sep 2014

Class: "B" "C" "D" "E" "F"

H Units: Permits: Value: H Units: Permits: Value: H Units: Permits: Value: H Units: Permits: Value: H Units: Permits: Value:

Residential0 1 $30,000 0 2 $8,000 24 $724,700 0$0 023 $1,570,000

Residential YTD5 15 $1,828,000 1128 $3,897,880 923 $3,709,600 34 $783,800 1621 $4,999,000

Commercial0$ 0 00 1 $20,000 0$0 00$0 00$0 0

Commercial YTD0 2 $122,500 03 $380,000 0$0 00 1 $80,000 0$0 0

Industrial0$ 0 00$0 00$0 00$0 00$0 0

Industrial YTD0$ 0 002 $150,000 0$0 00$0 00$0 0

Public0 1 $7,000 0$0 00$0 00$0 00$0 0

Public YTD0 2 $7,600 0$0 00$0 00$0 00$0 0

Agricultural0$ 0 00$0 00 1 $15,400 0$0 001 $575,000

Agricultural YTD0$ 0 003 $322,000 0 2 $60,400 0$0 009 $2,234,100

Ttls for Month0 2 $37,000 0 3 $28,000 25 $740,100 0$0 024 $2,145,000

Same Month Prev Yr0 2 $29,400 23 $505,000 23 $372,500 0 1 $13,200 24 $767,000

Yr to Date5 19 $1,958,100 1136 $4,749,880 925 $3,770,000 35 $863,800 1630 $7,233,100

Last Yr to Date0 24 $960,850 930 $3,157,250 615 $983,800 25 $326,200 1135 $3,173,000

Totals for all Areas: Units Permits Value Building Permits Report Page 1 of 1 Year To Date44 115 $18,574,880.00 Printed: 10/7/2014 Last Year To Date28 110 $8,601,100.00

Page 153 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item G.2 Regional District of North Okanagan Building Inspections Statistical Report for Sep 2014

Class: Electoral Areas: Armstrong Enderby Lumby Spallumcheen

H Units: Permits: Value: H Units: Permits: Value: H Units: Permits: Value: H Units: Permits: Value: H Units: Permits: Value:

Residential4 10 $2,332,700 11 $164,000 0$0 00$0 00 2 $68,000

Residential YTD44 91 $15,218,280 1123 $3,245,000 25 $696,000 46 $953,500 923 $3,037,305

Commercial0 1 $20,000 0$0 00$0 00$0 00$0 0

Commercial YTD0 6 $582,500 02 $152,000 11 $200,000 0 2 $17,570 0 1 $4,200

Industrial0$ 0 001 $117,540 0$0 00$0 00 1 $80,000

Industrial YTD0 2 $150,000 01 $117,540 0 1 $55,000 0$0 00 1 $80,000

Public0 1 $7,000 0$0 00$0 00$0 00$0 0

Public YTD0 2 $7,600 0$0 00$0 00$0 00$0 0

Agricultural0 2 $590,400 0$0 00$0 00$0 00$0 0

Agricultural YTD0 14 $2,616,500 0$0 00$0 00$0 006 $260,400

Ttls for Month4 14 $2,950,100 12 $281,540 0$0 00$0 003 $148,000

Same Month Prev Yr6 13 $1,687,100 0 2 $13,000 0$0 013 $370,000 29 $1,238,000

Yr to Date44 115 $18,574,880 1126 $3,514,540 37 $951,000 48 $971,070 931 $3,381,905

Last Yr to Date28 110 $8,601,100 020 $1,251,970 213 $684,050 412 $1,092,800 1752 $8,570,400

Totals for all Areas: Units Permits Value Building Permits Report Page 1 of 1 Year To Date71 187 $27,393,395.00 Printed: 10/7/2014 Last Year To Date51 207 $20,200,320.00

Page 154 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item G.3

REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 3010.06

TO: Electoral Area Advisory Committee FROM: Rob Smailes, General Manager, Planning & Building DATE: October 22, 2014 SUBJECT: Planning and Building 3rd Quarter Report

1. Total Planning Applications [received from January 1, 2014 to September 30, 2014]: 95

a. Electoral Areas [includes Silver Star] – 67 total

Type of Planning Application B C CSS D E F TOTAL A.L.C. 1 1 1 3 Campground Permits 1 1 Development Permit 1 1 2 3 7 Delegated Development Permit 1 3 2 6 Development Variance Permit 2 1 3 6 Liquor License Referral 1 1 OCP / RZ 1 1 Rezoning 1 1 2 4 Subdivision 3 2 1 3 6 15 Text Amendment 1 1 Waiver Lot Frontage 1 1 1 3 Legal Documents 1 1 2 Referrals* 6 3 1 7 17 TOTAL 14 11 3 12 5 22 67 *no application fee is received

3rd qtr total comparison for 2014 and 2013:

2014 2013 Total 67 73

F:\3000-3699 LAND ADMIN\3010 ADMINISTRATION\06 Operations Memorandums\Planning Dept Monthly Reports\2014\141022_3RD_QTR_RPT.docx Page 155 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item G.3 Planning and Building 2014 3rd Qtr Summary Report to Electoral Area Directors – October 22, 2014 Page 2

Planning Department Applications Received - January - September Comparison 13/14 Electoral Areas

WVR 3 5 TA 1 4 SUB 15 17 RZ 3 4 REF 17 18 OR 1 0 2014 2013 LIQ 0 1 LD 1 2 DVP 5 6 DP 11 13 CP 0 1 ALR 3 9 0 2 4 6 8 10 12 14 16 18 20 * Number of Applications Received to September 30

b. Municipal – 28 total

Type of Application END LUM SPL TOTAL A.L.C. 1 1 Campground Permit 1 1 Development Permit 1 1 2 Development Variance Permit 2 6 8 Liquor License Referrals Mobile Home Park Permit 1 1 OCP / RZ Rezoning Subdivision 1 1 5 7 NOTE: Subdivision applications are processed by the EA Planner Text Amendment 1 1 Waiver Lot Frontage Waiver Requests Referrals 2 4 6 TOTAL 3 4 20

3rd qtr total comparison for 2014 and 2013:

2014 2013 Total 28 40

Page 156 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item G.3 Planning and Building 2014 3rd Qtr Summary Report to Electoral Area Directors – October 22, 2014 Page 3

Planning Department Applications Received - January - September Comparison 13/14 Municipalities

WVR 0 1 TA 1 4 SUB 7 8 RZ 0 1 2014 2013 REF 4 6 OR 0 2 MHP 0 2 DVP 8 9 DP 2 3 CP 0 1 ALR 1 8 0 1 2 3 4 5 6 7 8 9 10 * Number of Applications Received to September 30

2. Outstanding Planning Applications:

a. Electoral Areas [includes Silver Star]

i. Planning applications are processed in the order in which they are received. There were 11 total outstanding as of September 30, 2014 [detailed below]. ii. Estimated time to process an application from receipt of application to report being forwarded to the Advisory Planning Commission is approximately 7 weeks.

Type of Planning Application B C CSS D E F TOTAL A.L.C. - Development Permit 1 1 2 Development Variance Permit - Campground Permit - Legal Document - OCP / RZ - Rezoning 1 1 Referrals 1 1 1 3 Subdivision 1 3 4 Text Amendment 1 1 Waiver Lot Frontage - TOTAL 2 3 1 - 1 4 11

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Note: The above 'Outstanding' Electoral Area Planning applications count does not include pending files [i.e. the application has been processed by Planning staff and forwarded to the applicable APC for consideration or the application requires additional information prior to completion]. The approximate number of pending Electoral Area Planning applications is: 29 applications and 48 subdivision applications

b. Municipal i. Planning applications are processed in the order in which they are received. 13 total outstanding [detailed below]. ii. Estimated time to process a planning application from receipt of application to report being forwarded to the Municipal Administrator is approximately 7 weeks.

Type of Application END LUM SPL TOTAL A.L.C. - Campground Permit 1 1 Development Permit - Development Variance Permit 1 3 4 Mobile Home Park 3 3 OCP / RZ - OCP - Referrals 1 1 2 Rezoning - Subdivision 1 1 1 3 Text Amendment - Waiver Lot Frontage - TOTAL 2 2 9 13

Note: The above 'Outstanding' Municipal Planning applications count does not include pending files [i.e. all non-subdivision applications have been to Council for consideration but require additional information prior to completion]. The approximate number of pending Municipal applications is: 12 applications and 11 subdivision applications ( Enderby – 3 Spallumcheen – 8)

3. Total Building Permit Applications [received from January 1, 2014 to September 30, 2014]: 187

a. Electoral Areas [includes Silver Star] – 115 total $18,574,880 Total Construction Value

3rd qtr total comparison for 2014 and 2013:

2014 2013 Total 115 110 $18,574,880 $8,601,100

b. Municipal – 72 total $8,818,515 Total Construction Value

3rd qtr total comparison for 2014 and 2013:

2014 2013 Total 72 97 $8,818,515 $11,599,220 Page 158 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item G.3 Planning and Building 2014 3rd Qtr Summary Report to Electoral Area Directors – October 22, 2014 Page 5

4. Total Housing Unit Building Permit Applications [received from January 1, 2014 to September 30, 2014]:

a. Electoral Areas [includes Silver Star] – 44 total

3rd qtr total comparison for 2014 and 2013:

2014 2013 Total 44 28

b. Municipal – 27 total

3rd qtr total comparison for 2014 and 2013:

2014 2013

Total 27 23

5. Planning Department Personnel Matters

a. 2014 Planning Hours [to September 30, 2014] for Inquiries and Applications only.

Inquiries Applications Total Hours Municipal 522 1005 1527 Electoral Areas 1257 1162 2419 Silver Star 101 64 165 ALR 120 120 Total 4231

Inquiries Applications Silver Silver Star Star 5% 3% Municipal 28%

Municipal 45% Electoral Areas 52% Electoral Areas 67%

b. The Planning department is operating with a staff of 2 clerical [Executive Assistant and Clerk], 1 Planning Assistant, 1 Planning Technologist, 2 Planners (includes Deputy Planning Manager) and 1 General Manager/Planner. In addition, the Sustainability Coordinator, Sustainability Coordinator/Planning Technologist, Regional Growth Strategy Coordinator and Chief Building Inspector report to the General Manager.

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6. Building Department Personnel Matters

The Building Department is operating with a staff of 2 Sr. Building Inspectors and 1 Chief Building Inspector/Manager since December 2012. A Building Inspector and the Building Clerk were laid off in October 2012 due to reduced activity levels. Service times have been maintained within the 2-3 week industry standard for Permit issuance based on a complete Building Permit submission, although a temporary reduction in service time did occur in September where permit times approached 4 weeks.

7. Planning

a. The following is a list of projects and their status:

2014 Projects – Ongoing: Work Plan Projects:

1. Electoral Area “F” OCP Review Terms of Reference were approved August 20, 2014, and the project will be funded from CWF, which was approved September 17, 2014 by the Board of Directors.

2. Annexation Study to determine the impacts of incremental annexations on the Electoral Areas Urban Systems completed Phase I of the Electoral Area Annexation Impact Study on February 2, 2012 and was requested to undertake Phase II of the Project, which examined the cumulative financial, social, environmental, land use and service delivery impacts of annexations on Electoral Areas. Phase II, which concluded in March 2014, resulted in recommended actions that the Electoral Area Advisory Committee (EAAC) could consider for Phase III of the project. Phase II recommendations and finding have been incorporated into the growth management, annexation and fringe management policies of the draft Electoral Area “B” and “C” Official Community Plan. A proposed approach for Phase III of the project will be presented to the Electoral Area Advisory Committee in the near future.

3. Shuswap River Planning Implementation of the Shuswap River Watershed Sustainability Plan is now underway. Four priority strategies were identified in May 2014 during a workshop with working group members. Priorities for action in 204-2015 are pursuing boating regulations on the Shuswap River, researching possible structures for an independent watershed advisory body, developing a comprehensive education program that addresses and incorporates all the strategies that speak to education and prioritizing high value riparian sites and identifying potential funding sources for restoration. Staff are now working on these strategies.

4. Sustainability Program The RDNO sustainability project has been developed to promote principles of sustainability and support sustainability projects primarily within the Electoral Areas of the Regional District. RDNO has continued to support local community projects through this program including improvements to the Grandview Bench, Mara and Kingfisher Halls and support for the construction of flood protection works at the Kingfisher Interpretive Centre.

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5. Soil Regulation Bylaws Bylaw 2620 received First Reading on February 5, 2014 and was referred to effected agencies. Due to the nature of the referral comments received from the Ministry of Energy and Mines, Bylaw No. 2620 would have needed to be substantially amended; therefore, staff recommended that First Reading be rescinded and the bylaw be abandoned. Bylaw No. 2647 replaces Bylaw No. 2620 and received First Reading on August 20, 2014. The Bylaw is currently under revision and will be brought forward with changes and a recommendation to be given Second Reading, as amended.

Projects Completed in 2014:

1. Electoral Areas “B” and “C” Official Community Plan Review Bylaw No. 2626 was adopted September 3, 2014.

2. RDNO Subdivision Servicing Bylaw Bylaw No. 2600 was adopted January 15, 2014

3. Shuswap River Watershed Sustainability Plan Endorsed by the Board of Directors April 16, 2014

Unplanned Projects added to the 2013 Work Plan completed in 2014:

1. Amendment to Zoning Bylaw No. 1888 to allow secondary suites in the Electoral Areas. Bylaw No. 2592 was adopted July 16, 2014.

2. Amendment to Zoning Bylaw No. 1888 to include provisions for agri-tourism accommodation in the Electoral Areas. Bylaw No. 2589 was adopted July 16, 2014.

3. Amendment to Electoral Areas “D” and “E” Official Community Plan to include policies regarding Genetically Modified Organisms. Bylaw No. 2603 was adopted September 3, 2014.

4. Amendment to Zoning Bylaw No. 1888 to include provisions for medical marihuana production facilities in the Electoral Areas. Bylaw No. 2606 was adopted October 15, 2014.

5. Amendment to Zoning Bylaw No. 1888 to prohibit mineral extraction in the Country Residential Zone in Electoral Areas “B” and “C”. Bylaw No. 2613 was adopted October 15, 2014.

2014/2015 Work Plan projects, not yet started:

1. Zoning Bylaw Review/Rewrite; 2. Swan Lake Corridor Plan; 3. Silver Star OCP Review 4. Cosens Bay Local Area Plan; 5. Fees Bylaw Review; and

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b. Municipal Planning Contract:

The member municipalities committed to a total of 1925 hours for 2014 as follows:

Enderby: 175 regular hours 2014 Total Hours Remaining [as of September 30, 2014] 14 (8%)

Lumby: 425 regular hours 2014 Total Hours Remaining [as of September 30, 2014] -21 (-5%)

Spallumcheen: 1325 regular hours 2014 Total Hours Remaining [as of September 30, 2014] 311 (24%)

Total Municipal Remaining 304 (15%)

The Electoral Area Directors agreed to provide 50 additional hours to each of the member municipalities for the remaining of 2014 if required, in order to remain at regular rates.

The Municipal Planning Contracts have the following end dates:

Enderby: December 31, 2018 Lumby: December 31, 2018 Spallumcheen: December 31, 2016

8. Building Department Projects

a. Operational . Continue with enforcement actions – on going; . Reports to Member Municipalities to close outstanding files; . Prepare report to Board regarding outstanding Member Municipality files; . Implement remaining recommendations of Bldg Dept. Service Review Report.

b. Governance: Required Actions/Steps: . Prepare joint report to all jurisdictions signed by all Chief Administrative Officers; . Prepare draft Bylaw and/or Memorandum of Understanding (MoU) for the Board of Directors, refer to Councils and back to the Board for Adoption; . Refer Bylaw and/or MoU to Ministry.

c. Completed Tasks: . Bylaw 2644 and MOU were sent to Jeff Locke (Fulton & Company) on July 7, 2014 . Bylaw 2644 received First, Second and Third Readings July 16, 2014 . MOU signed by all participants in mid August 2014 . Bylaw 2644 sent to the Inspector of Municipalities on August 19, 2014

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d. Regulatory: Required Actions/Steps: • Changes to Regulatory Bylaw are required to exclude Municipal Participants and other changes; • Municipal Participants will also need to draft Bylaws and amendments to other Bylaws (ie//Procedures Bylaw).

e. Agreements Required Actions/Steps: • Electoral Areas will have to agree to provide a contract service to the Participants. • Topics covered will include service levels, responsibilities, service term, cost structure etc.

Approved for I \

David Setell Chief Administrative Officer

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REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 3046.01.04

TO: Electoral Area Advisory Committee FROM: Planning Department DATE: October 22, 2014 SUBJECT: November Sustainability Report

RECOMMENDATION:

That the November Sustainability Report dated October 22, 2014 be received for information.

DISCUSSION:

1. Okanagan Collaborative Conservation Partnership The Okanagan Collaborative Conservation Program (OCCP) is a partnership of organizations with shared conservation goals, which include maintaining regional biodiversity, protecting Species at Risk, maintaining ecological connectivity throughout the Okanagan Basin, and balancing regional growth with conservation. Partners in the OCCP include all levels of government (Department of Fisheries and Oceans (DFO), BC Ministry of Environment (MOE), regional districts, and municipalities), land trusts, stewardship and outreach organizations. The RDNO has been involved with the OCCP since its inception in 2006. Benefits of participating in the program have included access to technical information – mapping, species occurrences, best management practices and other ecosystems specific advice, focus group discussions; and leverage of funding to assist with activities such as sensitive ecosystem mapping (Mid Shuswap SEI), Foreshore Inventory Mapping & development of Aquatic Habitat Indexes (Kalamalka Lake) and interpretation and assistance with outreach activities (Electoral Areas B & C Environmentally Sensitive Development Permit Handout). The OCCP has recently completed the development of the Okanagan Biodiversity Strategy entitled “Keeping Nature In Our Future, A Biodiversity Strategy for the Okanagan Region”. The Strategy identifies: why we should conserve and restore natural areas; which natural areas should be protected and restored; who can contribute; how and when conservation and enhancement of these natural areas can be achieved, and the role of natural areas in protecting regional biodiversity. The document can be viewed on the OCCP website http://okcp.ca/. To date the outputs of this strategy have been incorporated into the Electoral Areas “B” and “C” Official Community Plan as well as the Sub-Regional Parks and Trails Land Acquisition Strategy. The OCCP is currently in the process of developing an Implementation Plan and Monitoring & Evaluation Plan for the Biodiversity Strategy.

Over the last eight years the OCCP has been successful in leveraging funds for specific projects, however, securing core funding to support the coordination and development of these important inventories and strategies has been challenging. The OCCP has partnered with the South Okanagan- Similkameen Conservation Program in a joint funding request from the Real Estate Foundation to support both programs moving forward, however, the OCCP would benefit from either core funding or project specific funding from the RDNO to pursue future initiatives. The OCCP will appear as a delegation to the Board of Directors in the New Year outlining the future direction of the program and potential funding request. Staff felt it was important to raise awareness of the benefits of the OCCP Page 164 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item G.4 November Sustainability Report Report to Electoral Area Advisory Committee – October 22, 2014 Page 2 and highlight the completion of the Biodiversity Strategy prior to their presentation. The Biodiversity Strategy has created a strong basis for federal, provincial and local governments, stewardship groups and conservation organizations to move forward with ensuring the Okanagan region remains home to some of the most unique and threatened ecosystems and species within Canada.

2. Electoral Area “F” OCP Review The Electoral Area “F” OCP Review Steering Committee met for the first time on Oct 20th, 2014. Staff provided an overview of the Terms of Reference for the planning process and sought recommendations for additional Steering Committee members. Public Consultation methods were discussed and committee members will be bringing forward suggestions for community events that RDNO staff could attend in the New Year to raise awareness and increase participation in the process. The Steering Committee will meet again on November 17th, 2014 to solidify the membership of the committee as well as discuss the future vision, goals and objectives for the revised Official Community Plan.

3. Shuswap River Watershed Sustainability Plan Implementation of the Shuswap River Watershed Sustainability Plan (SRWSP) is underway. The four priority strategies identified for 2014-2015 were: I. Engage the community to pursue all available regulatory options to establish boating regulations on the Shuswap River (Strategies 9.7, 10.1, 12.3, 13.3 and 15.3). II. Improve consultation and community input on watershed management through the creation of an independent permanent Shuswap River Watershed Advisory Body and develop terms of reference for a Watershed Advisory Body which includes identifying a source of funding (objective 18, strategy 18.2). III. Develop a comprehensive education program that addresses and incorporates all the strategies that speak to education (Strategies 16.1, 19.2, 19.3, 19.5, 19.6, 19.7). IV. Prioritize high value riparian sites based on available information (e.g. SHIM & FIM inventory mapping work and Golder Shuswap River Technical Assessment) and identify potential funding sources for restoration (Strategy 6.1).

Work to date on these strategies is outlined below.

I. Pursuing Boating Regulations Invitations were sent to a wide group of organisations to partner with the RDNO on pursuing boating regulations for the Shuswap River. Thus far, the following organisations have expressed interest in partnering on this initiative: • Conservation Officer Service • Enderby and District Services Commission • Lower Shuswap Stewardship Society • Splatsin • Kingfisher Interpretive Centre • Enderby and District Chamber of Commerce

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In addition to the above, staff from the Department of Fisheries and Oceans have indicated they would like to be involved at least to provide information, even if not a partner pursuing the regulations. Additionally, a number of members of the SRWSP working groups have indicated that they would like to be involved with the pursuing the boating regulations.

The initial meeting of this group will be held in the third or fourth week of November 2014 to: • go over the process to be followed in applying for boating regulations • review what was proposed in the SRWSP • discuss the results of the 2013 and 2014 UBCO studies on erosion • identify special interest groups to consult with e.g. fish and game clubs • develop a timeline for action

RDNO staff have been in contact with Hilary Lawson, Boating Safety Officer with Transport Canada, and will continue to keep her informed throughout the process and to seek guidance from her where appropriate.

II. Watershed Advisory Body Research into possible watershed entities has been preliminary to date. However, similar exercises have been undertaken in the context of two other watershed planning/management programs and their work can inform RDNO staff research. A governance elements and options discussion paper is being drafted with respect to the Shuswap Watershed Council. RDNO staff have been involved with review of the draft paper and a staff level workshop facilitated by the consultant undertaking this work. As a part of the development of the Kettle River Watershed Management Plan which is currently in draft form, two discussion papers were prepared looking at governance, decision-making and implementation of the Watershed Management Plan. Both of these processes have relevance and similarities with the SRWSP and will be useful in informing this piece of work. III. Education Program RDNO Staff have met with members of the Lower Shuswap Stewardship Society to discuss a strategy to develop a comprehensive education program. The outcome of these discussions is to seek grant funding (likely through the Real Estate Foundation of BC) to hire a consultant to develop the education program drawing on existing resources, developing new material where appropriate and determining dissemination and engagement mechanisms. IV. Riparian Restoration RDNO staff have been working with staff from Splatsin to identify riparian sites on the Lower Shuswap River for restoration. Funding will be sought by Splatsin in partnership with RDNO, to cover the costs of developing a Lower Shuswap River Habitat Restoration Assessment. Once this assessment is complete, further funding will be sought to undertake the restoration projects, based on the cost estimates outlined in the habitat assessment.

4. Community Works Fund Two Tier 1 Community Works Fund projects have been approved.

Project #095 - Grandview Bench Hall Flooring and Foundation Repair and Improvement. This project came about when the Community Works Fund Project #088, replacement of siding and insulation, was underway. Significant rot was discovered in some of the floor joists when the insulation and siding was being replaced. The contractor undertaking the siding work completed the works to remove and replace the damaged materials. To prevent this reoccurring, a drain was Page 166 of 167 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA November 6, 2014 -Item G.4 November Sustainability Report Report to Electoral Area Advisory Committee- October 22, 2014 Page4 excavated external to the building and drain tile installed. These works were entirely unforeseen and once the rot was exposed there was no option for the Grandview Bench Hall Recreation Association other than to have the works completed.

The cost of this project was $6,432.84. Due to the cost it was felt that a new project should be created, rather than adding to Project #088 which was for $7,991.25 and therefore just below the Tier 1 threshold.

Project #098- Kingfisher Hall Renovations $6,166.24 has been approved for replacement of windows, upgrades to rear crash door and replacement of lighting in the Kingfisher Hall.

Community Works Fund Expenditure and Allocation Based on projects approved and expenditure to date, the Community Works Fund current status is broken down by Electoral Area in Table 1.

Area B Area C Area D Area E Area F CWF Fund Received $750,095.78 $921,194.79 $674,665.07 $223,142.52 $958,634.13 2006-2013 Interest Allocated $25,264.75 $31 '184.95 $22,780.07 $7,523.20 $32,318.52 Electoral Area Projects $25,000.00** $335,638.45 $133,431.54 $69,690.57 $592,805.1 0* Allocated (including 2014) Shared Projects $95,206.66 $126,469.00 $243,173.26 $78,478.53 $102,006.28 Expenditure (up to 2013) Staff and Admin $8,8971.56 $130,246.92 $121,592.08 $47,936.93 $190,754.95 Expenditure (up to 2013) Remainder*u $566,182.31 $360,025.37 $199,248.26 $34,559.69 $105,386.32 2014 CWF Allocation $162,837.53 $206,995.04 $152,252.57 $50,198.46 $210,523.39 (projected) Table 1. Community Works Fund Status Update *Area F projects spent $412,996.43 to date **Table does not include the $200,000 - $350,000 allocated to the Crystal Sands Multiuse Path *** 2014 shared projects, staff and admin expenditures not included

Submitted by: Submitted by: J

Endorsed by: I ~ ~ RobS~~ General Manager, Planning and Building

Page 167 of 167 From: Leah Mellott To: Cheryl Elley Subject: EAAC - Late Item Date: Monday, November 03, 2014 3:31:25 PM

Hi there,

Will you please add the following as a late item for the November 6th EAAC meeting.

FIRE HYDRANT SERVICE

FOR DISCUSSION

That it be recommended to the Board of Directors that staff be directed to prepare a report regarding planned installation of fire hydrants in Electoral Areas “B” and “C”.

Thanks,

: ) Leah

Leah Mellott, CHRP, General Manager Electoral Area Administration Regional District of North Okanagan Direct Line: (250) 550-3722 Confidential Fax: (250) 550-3723 Mobile: (250) 308-9356