Regular Agenda

REGIONAL DISTRICT OF NORTH OKANAGAN ELECTORAL AREA ADVISORY COMMITTEE MEETING Thursday, July 3, 2014 2:00 p.m.

REGULAR AGENDA

A. APPROVAL OF AGENDA

1. Regular Agenda – July 3, 2014 (Opportunity for Introduction of Late Items) (Opportunity for Introduction of Late Items – In Camera Agenda)

RECOMMENDATION 1 That the Agenda of the July 3, 2014 Electoral Area Advisory Committee meeting be approved as presented.

B. ADOPTION OF MINUTES

1. Electoral Area Advisory Committee – June 5, 2014

RECOMMENDATION 2 Page 1 That the minutes of the June 5, 2014 Electoral Area Advisory Committee Meeting be adopted as circulated.

C. DELEGATIONS

1. Vernon / North Okanagan Safe Communities Unit − Report dated June 23, 2014 (to be distributed at the meeting) − June Speed Watch Report (to be distributed at the meeting)

RECOMMENDATION 3 That the report dated June 23, 2014 from the Vernon / North Okanagan Detachment – Safe Communities Unit be received for information.

2. Development Variance Permit HOCKEY, John and Blake [File No. 14-0122-D-DVP] (See Item E.2)

3. Development Variance Permit GRACE BIBLE CHURCH OF VERNON c/o Don Gibbs [File No. 14-0150-C-DVP] (See Item E.3) Electoral Area Advisory Committee Agenda – Regular - 2 - July 3, 2014

D. UNFINISHED BUSINESS

1. Bylaw 2626 – Electoral Areas “B” and “C” Official Community Plan − Refer to the June 5, 2014 Electoral Area Advisory Committee Agenda for the May 23, 2014 staff report [changes that have been made to the bylaw will be presented at the meeting]

FOR DISCUSSION That it be recommended to the Board of Directors that Bylaw No. 2626, 2014 be given Second Reading, as amended, and referred to Public Hearing.

E. NEW BUSINESS

1. Agricultural Land Commission Application MERTION, Klayton [File No. 14-0168-C-ALR] − Staff report dated June 17, 2014

RECOMMENDATION 4 Page 6 That it be recommended to the Board of Directors that the application of Klayton Mertion under Section 20(3) of the Agricultural Land Commission Act for a non-farm use (removal of 52,800 m3 of gravel) on the properties legally described as Lot 96, Sec 7, Twp 5, ODYD, Plan 352 AND Lot 111, Sec 7, Twp 5, ODYD, Plan 352, Except Parcels A and B shown on Plan A163 and located at 5801 Brentwood Road, Electoral Area “C” be authorized for submission to the Agricultural Land Commission; and further,

That the Agricultural Land Commission (ALC) require the applicant to provide, to the ALC, financial security in an amount sufficient to cover the cost to reclaim the subject properties as outlined in the attached report from Wayne Blashill, Professional Agrologist dated May 26, 2014.

2. Development Variance Permit HOCKEY, John and Blake [File No. 14-0122-D-DVP] − Staff report dated June 2, 2014

RECOMMENDATION 5 Page 25 That it be recommended to the Board of Directors that, upon consideration of input from adjacent land owners, a Development Variance Permit be issued for the property legally described as Lot 1, DL 1172, ODYD, Plan KAP76362 and located at 1329 Trinity Valley Road, Electoral Area “D” to permit a variance to Sections 1101.2.e.iii and 1101.2.f of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by waiving the requirement to pave and curb an industrial parking area subject to: 1. the dimensions and siting of the parking area on the land being in general accordance with the site plan attached to the Planning Department report dated June 2, 2014; and Electoral Area Advisory Committee Agenda – Regular - 3 - July 3, 2014 2. the parking area being sufficiently gravelled and treated to suppress dust, graded to provide an even surface, drained so that no surface water accumulates on the property or runs off onto neighbouring properties and kept free of weeds.

3. Development Variance Permit GRACE BIBLE CHURCH OF VERNON c/o Don Gibbs [File No. 14-0150-C-DVP] − Staff report dated June 18, 2014

RECOMMENDATION 6 Page 32 That it be recommended to the Board of Directors that, upon consideration of input from adjacent landowners, a Development Variance Permit be issued for the property legally described as Lot 42, Sec 12, Twp 8, ODYD, Plan 780 and located at 5661 Silver Star Road, Electoral Area “C” to allow a variance to Section 1101.3 of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by reducing the required number of parking spaces for the proposed 544 seat church and 1,564.9 m2 church hall area from 492 spaces to 170 spaces as shown on the site plan attached to and forming part of Planning Department Information Report dated June 18, 2014.

4. City of Vernon Boundary Change [Seven (7) Properties in Electoral Areas “B” and “C”] − Letter dated June 3, 2014

RECOMMENDATION 7 Page 46 That the letter dated June 3, 2014 from the City of Vernon regarding the City of Vernon Boundary Change be received for information.

5. Electoral Areas "D" and "E" Official Community Plan Regional Context Statement Workplan − Report dated June 4, 2014

RECOMMENDATION 8 Page 55 That it be recommended to the Board of Directors that the Electoral Areas “D” and “E” Official Community Plan Regional Context Statement Work Plan be endorsed.

6. Shuswap River Watershed Sustainability Plan Implementation − Staff report dated June 10, 2014

RECOMMENDATION 9 Page 61 That it be recommended to the Board of Directors that the implementation of the Shuswap River Watershed Sustainability Plan be undertaken with the priority strategies for 2014 - 2015 being: − 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). − Improve consultation and community input on watershed management through the creation of an independent permanent Shuswap River Watershed Advisory Electoral Area Advisory Committee Agenda – Regular - 4 - July 3, 2014 Body and develop terms of reference for a Watershed Advisory Body which includes identifying a source of funding (objective 18, strategy 18.2). − 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). − 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); and further,

That Staff be directed to initiate the process to apply for boating regulations through Transport Canada on the Shuswap River; and further,

That Staff be directed to pursue the development of a Watershed Advisory Body for the Shuswap River including: − identifying potential representatives (advisory body composition); − drafting the terms of reference; and, − highlighting funding options / opportunities.

F. BUSINESS ARISING FROM DELEGATIONS

G. REPORTS

1. Advisory Planning Commission Meetings

RECOMMENDATION 10 Page 66 That the minutes of the following Advisory Planning Commission meetings be received for information: − Electoral Area “C” – Meeting of June 25, 2014 (to be distributed at meeting) − Electoral Area “D” – Meeting of June 24, 2014

2. Building Inspections Statistical Reports − Reports dated May 2014

RECOMMENDATION 11 Page 68 That the May 2014 Building Inspections Statistical Reports be received for information.

3. General Manager’s Report

H. ADJOURNMENT

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, June 5, 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 Z. Marcolin Manager, Greater Vernon Water A. Page Sustainability Coordinator L. Frank Sustainability Coordinator J. deGroot Executive Assistant, Planning and Building L. Schrauwen Clerk (taking minutes)

Also R. Morgan Regional Crime Prevention Coordinator, City of Vernon Present: RCMP Vernon / North Okanagan Detachment Public

CALL MEETING TO ORDER

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

APPROVAL OF AGENDA

Regular Agenda – June 5, 2014

Moved and seconded by Directors Foisy and Pearase That the Agenda of the June 5, 2014 Electoral Area Advisory Committee meeting be approved with the following addition: − Item E.8 – Canadian Pacific Rail line between Sicamous and Armstrong CARRIED

ADOPTION OF MINUTES

Electoral Area Advisory Committee – May 8, 2014

Moved and seconded by Directors Macnabb and Fairbairn That the minutes of the May 8, 2014 Electoral Area Advisory Committee Meeting be adopted as circulated. CARRIED

Page 1 of 69 Electoral Area Advisory Committee Minutes – Regular - 2 - June 5, 2014

DELEGATIONS

Vernon / North Okanagan Safe Communities Unit

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

Moved and seconded by Directors Macnabb and Foisy That the report dated May 30, 2014 from the Vernon / North Okanagan Detachment – Safe Communities Unit be received for information. CARRIED

Vernon / North Okanagan Detachment – Policing First Quarter Report

Moved and seconded by Directors Pearase and Macnabb That the First Quarter reports dated April 15, 2014 from the Vernon / North Okanagan Detachment – Municipal and Rural Policing and the First Quarter report from the Victims Assistance Program be received for information. CARRIED

Director Fairbairn acknowledged the police officers that were killed and officers that were injured in Moncton, N.B. and provided condolences on behalf of the Regional District.

Official Community Plan / Rezoning Application LEITRIM CONTRACTING LTD. c/o Mike and Wendy O’Rourke

Mike O’Rourke spoke in favour of the application.

Official Community Plan / Rezoning Application HORNELL, David and Sheri c/o Jason Shortt

No one was present to speak to the application.

NEW BUSINESS

Bylaw 2545 – Greater Vernon Water Use and Regulation Bylaw 2627 – Municipal Ticket Information Amendment Bylaw 2651 – Cross Connection Control Regulation

The Manager, Greater Vernon Water provided an overview of the bylaws.

Moved and seconded by Directors Macnabb and Fairbairn That it be recommended to the Board of Directors that Regional District of North Okanagan Cross Connection Control Regulation Bylaw No. 2651, 2014 be given Second Reading, as amended; and further,

That Regional District of North Okanagan Cross Connection Control Regulation Bylaw No. 2651, 2014 be given Third Reading; and further,

That Regional District of North Okanagan Cross Connection Control Regulation Bylaw No. 2651, 2014 be Adopted. CARRIED

Page 2 of 69 Electoral Area Advisory Committee Minutes – Regular - 3 - June 5, 2014

Bylaw 2626 – Electoral Areas “B” and “C” Official Community Plan

The Sustainability Coordinator summarized feedback received from agencies, adjacent municipalities, and the Advisory Planning Committees.

Moved and seconded by Directors Macnabb and Fairbairn That the May 23, 2014 staff report titled “Bylaw 2626, 2014 [Electoral Area “B” and “C” Official Community Plan]” be received for information; and further,

That discussions be postponed to the July 3, 2014 Electoral Area Advisory Committee meeting. CARRIED

Official Community Plan / Rezoning Application LEITRIM CONTRACTING LTD. c/o Mike and Wendy O’Rourke [File No. 14-0088-D-OR]

Moved and seconded by Directors Fairbairn and Foisy That it be recommended to the Board of Directors that the application to amend the Electoral Areas “D” and “E” Official Community Plan land use designation and the zoning of a +1.48 ha portion of the property located at 1021 Trinity Valley Road, Electoral Area “D” from Large Holdings and Agricultural to Commercial be supported in principle and staff be directed to prepare an Official Community Plan Amendment Bylaw and a Zoning Amendment Bylaw for First Reading only; and further,

That a Public Hearing not be held until: 1. the Regional District receives comments on the proposed development from the Royal Canadian Mounted Police; and 2. testing of the sound levels emitted by firearms typical of those to be utilized at the shooting range has been undertaken by the applicant in consultation with Regional District staff to determine sound levels measured at varying distances from the point of discharge; and 3. the applicant has held a Public Information Meeting in accordance with the Regional District’s Public Information Meeting Guide; and further,

That Final Adoption of the Bylaws be withheld until: 1. a covenant has been registered on the title of the subject property that would restrict the use of the proposed Recreation Commercial (C.5) zoned area to that of a shooting range facility, including a shooting range, shooting building, parking area, cabins and office; and 2. the Regional District receives notification that the proposed shooting range facility conforms with Sections 4(2) or 4(3) of the Riparian Areas Regulation. CARRIED

Official Community Plan / Rezoning Application HORNELL, David and Sheri c/o Jason Shortt [File No. 13-0423-D-OR]

Moved and seconded by Directors Fairbairn and Foisy That it be recommended to the Board of Directors that the application to amend the Electoral Areas ‘D’ and ‘E’ Official Community Plan land use designation and the zoning of the property legally described as Lot 1, District Lot 3736, ODYD, Plan KAP59750 and located at 16 Birch Road, Electoral Area “D” from Non-Urban to Small Holdings be supported in principle and staff be directed to prepare an Official Community Plan Amendment Bylaw and a Zoning Amendment Bylaw for First Reading only; and further,

That a Public Hearing not be held until the applicant has held a Public Information Meeting in accordance with the Regional District’s Public Information Meeting Guide. CARRIED

Page 3 of 69 Electoral Area Advisory Committee Minutes – Regular - 4 - June 5, 2014

Building Inspection

The Committee was advised of progress to date regarding the Building Inspection service.

Moved and seconded by Directors Pearase and Macnabb That the Board of Directors be advised that the Electoral Area Directors agree in principle to providing building inspection service on a contract basis to interested member municipalities. CARRIED

Changes to BC Land Title and Survey Authority Service Delivery

The Executive Assistant, Planning and Building provided an update on changes to BC Land Title and Survey Authority service delivery. It was noted that there are substantial fee increases and the new regulations impact the Regional District of North Okanagan’s level of customer service. The Planning department was requested to investigate the RDNO’s ability to become a registry service provider.

Moved and seconded by Directors Foisy and Fairbairn That it be recommended to the Board of Directors that staff be directed to contact the MLA regarding changes to BC Land Title and Survey Authority Service Delivery, specifically: - concerns regarding significant increase in fees charged by Land Titles to obtain documents and plans through ‘myLTSA’; - concerns regarding the decrease in service regarding Land Title documents and plans from Service BC; and, - how the Regional District can obtain authority to provide Land Title documents and plans to customers in the rural areas. CARRIED

Seasonal Boat Patrols

The Committee was provided with a report outlining a number of options for provision of seasonal boat patrols.

Moved and seconded by Directors Macnabb and Pearase That it be recommended to the Board of Directors that staff enter into discussions with the Conservation Officer service for provision of Electoral Area seasonal boat patrols for the 2014 season. CARRIED

Canadian Pacific Rail line between Sicamous and Armstrong

Discussion ensued regarding the Canadian Pacific Rail line between Sicamous and Armstrong. It was noted that the infrastructure has been removed and citizens are walking and driving on it with motorized vehicles such as All Terrain Vehicles (ATV’s).

The General Manager, Electoral Area Administration was requested to forward a letter to Canadian Pacific Rail regarding the decommissioned rail line between Sicamous and Armstrong to outline concerns with ATV use, safety, conservation, noxious weeds, soil contamination and general maintenance.

Page 4 of 69 Electoral Area Advisory Committee Minutes – Regular - 5 - June 5, 2014

REPORTS

Advisory Planning Commission Meetings

Moved and seconded by Directors Fairbairn and Macnabb That the minutes of the following Advisory Planning Commission meetings be received for information: − Electoral Area “D” – Meeting of May 21, 2014 CARRIED

Planning and Building First Quarter Report

Moved and seconded by Directors Pearase and Macnabb That the report dated March 31, 2014 from the Planning Department regarding the Planning and Building First Quarter Report be received for information. CARRIED

Building Inspections Statistical Report

Moved and seconded by Directors Pearase and Foisy That the April 2014 Building Inspections Statistical Report be received for information. CARRIED

June 2014 Sustainability Program Report

Moved and seconded by Directors Macnabb and Pearase That the staff report dated May 23, 2014 titled “June Sustainability Report” be received for information. CARRIED

General Manager’s Report

The General Manager, Electoral Area Administration provided an update on the following matters: − Business licenses in Electoral Areas − Greater Vernon Parks and Recreation Restructure − Human Resources duties − Upcoming Local Government Management Association (LGMA) conference

ADJOURNMENT

There being no further business, the meeting was adjourned at 4:53 p.m.

CERTIFIED CORRECT

Chair Corporate Officer Bob Fleming Jeanne Byron

Page 5 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

REGIONAL DISTRICT PLANNING DEPARTMENT of NORTH OKANAGAN INFORMATION REPORT

APPLICATION UNDER SECTION 20(3) OF THE AGRICULTURAL LAND COMMISSION ACT

DATE: June 17, 2014

FI LE NO.: 14-0168-C-ALR

APPLICANT: Klayton Mertion

LEGAL DESCRIPTION: Lot 96, Sec 7, Twp 5, ODYD, Plan 352 AND Lot 111 , Sec 7, Twp 5, ODYD, Plan 352, Except Parcels A and B shown on Plan A163

P.I.D.# 012-497-037 AND 012-497-045

CIVIC ADDRESS: 5801 Brentwood Road

PROPERTY SIZE: 4.047 ha (10 acres) and 3.68 ha (9.1 acres)

SOIL CLASSIFICATION: Classes 4 and 6

ZONING: Country Residential (C.R)

O.C.P. DESIGNATION: Agricultural and Country Residential

PROPOSED USE: Resource use I gravel extraction

PLANNING DEPARTMENT RECOMMENDATION:

That the application of Klayton Mertion under Section 20(3) of the Agricultural Land Commission Act for a non-farm use (removal of 52,800 m3 of gravel) on the properties legally described as Lot 96, Sec 7, Twp 5, ODYD, Plan 352 AND Lot 111 , Sec 7, Twp 5, ODYD, Plan 352, Except Parcels A and B shown on Plan A 163 and located at 5801 Brentwood Road, Electoral Area "C" be authorized for submission to the Agricultural Land Commission; and further,

BACKGROUND:

This report relates to an Agricultural Land Commission application under Section 20(3) of the Agricultural Land Commission Act to remove gravel from the properties located at 5801 Brentwood Road. The applicant proposes to extract approximately 52,800 m3 of gravel over a 2 ha area of the subject property and over a five year period. It is proposed that as gravel extraction progresses, the topsoil would be stripped, stockpiled and re-distributed on the land with the intent that the property would be used for agricultural purposes.

Page 6 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

Agricultural Land Commission Application 14-0168-C-ALR (Mertion) Page 2

Previous Applications

In November 2013, the applicant applied to the Ministry of Energy and Mines for a Mines Permit and to the Ministry of Transportation and Infrastructure for an Industrial Access permit, both of which must be approved prior to extracting any gravel from the subject properties.

In July 2013, the applicant filed with the ALC a Notice of Intent to extract gravel from lands within the Agricultural Land Reserve. In October 2013, the ALC advised the applicant that an application under Section 20(3) of the ALC Act must be submitted for the proposal.

On October 23, 2013 the applicant submitted to the Regional District an application under Section 20(3) of the ALC Act for non-farm use (removal of 62,900 m3 of gravel over a 2 ha portion of the properties over a 5 year period). At their Regular Meeting held on February 5, 2014, the Board of Directors considered the application and resolved not to forward the application to the Agricultural Land Commission.

As noted above, this report addresses a new application to the ALC which was received on May 27, 2014. The new application differs from the previous application considered by the Regional Board in February 2014 in that the volume of proposed gravel extraction has been reduced from 62,900 m3 to 52 ,800 m3 and an Agrologist's report addressing both extraction and reclamation has been provided whereas one had not been provided with the previous application.

The Reg ional District does not have a Policy or Bylaw that restricts the amount of time an owner must wait before submitting a new ALR application after a similar previous ALR application has been considered and not approved.

Site Context

The subject application relates to two properties, the northerly one of which has an area of 3.68 ha and the southerly one which has an area of 4.047 ha. The southerly property (Lot 96) is accessed from the north end of Brentwood Road via a driveway that enters the southwest corner of the lot. The northerly property has road frontage but it is unconstructed. Access to the north lot would be gained through Lot 96. The constructed portion of Brentwood Road is currently a gravel surface road.

The subject properties are partially treed and are currently vacant of buildings. With the exception of the northwest corner of the northerly subject property which is part of the BX Creek corridor, both lots are within the ALR. BX Creek flows within a treed corridor along the westerly side of both properties. The balance of the two parcels consists of undulating terrain which transitions to cultivated farmland, pastures and natural areas to the east and south.

The southerly subject property is flanked by an unconstructed road right-of-way bordering the south property line and both properties are flanked by unconstructed road rights-of-way alongside their east property lines. The unconstructed road right-of-way along the east side accommodates a public trail which is part of the Reg ional District "Ribbons of Green" trail network. The trail continues through the northerly subject property within the Regional District's Statutory Right of Way (SRW) to a pedestrian bridge across BX Creek which connects the trail to Star Road on the west side of the creek. Two parallel BC Hydro powerline rights-of-way run in a northwest I southeast alignment across the southwest corner of southerly property.

Page 7 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

Agricultural Land Commission Application 14-0168-C-ALR (Mertion) Page 3

Surrounding land use, Official Community Plan designations, and zoning are as follows: North: (across public trail, west of BX Creek) residential (fronting on Star Road), zoned Country Residential (C.R), designated Country Residential, and out of the ALR; North: (across public trail, east of BX Creek) treed creek corridor, zoned Country Residential (C.R), designated Agricultural, and in the ALR; East: (across trail & unconstructed road right-of-way) rural residential , zoned Country Residential (C.R), designated Agricultural, and in the ALR; South: (across unconstructed Malim Road right-of-way) rural residential, zoned Country Residential (C.R), designated Agricultural, and in the ALR; West: (across BX Creek) orchard, zoned Country Residential (C.R), designated Agricultural, and in the ALR. Also 2 smaller residential parcels zoned Country Residential (C.R), designated Country Residential, and out of the ALR.

Following is an ortho (aerial) photo of the subject and surrounding properties taken in 2013:

Agricultural Capability of the Subject Properties

The British Columbia 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 which identifies limitations or special management practices needed to improve the soil.

Page 8 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

Agricultural Land Commission Application 14-0168-C-ALR (Mertion) Page4

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.

The subject properties are rated as Class 6 adjacent to BX Creek with subclasses related to inundation, topography and stoniness while the easterly portion of the lots are rated as Class 4 improvable to Class 3 with subclasses related to drought, topography and stoniness. Classes 1 to 4 are considered capable of sustained production of common field crops. Class 6 soils are capable of providing only sustained natural grazing for domestic livestock and improvement practices are not feasible.

The Proposal

The purpose of the subject application is to extract approximately 52,800 cubic metres of gravel from an approximate 2 ha area of the subject properties over a period of five years. Proposed equipment to be used in the process would include a loader, excavator, tandem truck and screening plant. The applicant proposes to strip and stockpile the topsoil which would be redistributed on the land in stages as gravel extraction progresses. Access to the gravel extraction area is proposed to be gained from Brentwood Road.

The applicant obtained the services of a Professional Agrologist who assessed the property in May 2014. Based on his site specific analysis, the Agrologist defined the agricultural capability of the subject properties as Class 7 in the area of the creek gully, Class 5 in the creek riparian area, and Class 5 in the area of the gravelly hummocks from which the gravel and sand are proposed to be removed. The Agrologist's report1 addressing gravel extraction and reclamation was submitted with the application and has been reviewed by staff. .

The Agrologist explains that through the process of gravel extraction, soil replacement, and grading, the total amount of arable land would be increased from 0.8 ha (2 acres) to 3.3 ha (8.2 acres). Topsoil reclamation would be augmented by soil salvaged from construction within road right-of-way adjacent to the south side of the property thus increasing soil fertility and enhancing the site. In addition, the Agrologist notes that topographic limitations normally cannot be improved since it is too costly for farmers to do major earthworks however the gravel operation would enable the landowner to partially mitigate topographic conditions in a cost effective way.

Five soil pits were machine excavated and analyzed to determine agricultural capability, depths of topsoil, and surface gravel content. The average topsoil depth over the proposed 2.5 ha excavation site is approximately 0.14 m (6 inches) and the topsoil volume is thus estimated to be 3,500 cubic meters (which would be supplemented by topsoil previously salvaged from road construction). The Agrologist reports that lab analysis of the topsoil indicates the soil is of good quality and would be ideal for reclamation purposes.

With regard to potential impacts on BX Creek, the report states that there will be little to no surface run-off after intense rainfall events due to the distance of the extraction area from the creek and to the high permeability and infiltration rate of the soil on the subject properties.

1 "Klayton Mertion Brentwood Road Property Agrologist's Repmt: Gravel Extraction & Reclamation Plan", Wayne Blashill, P.Ag., Summerland, BC, May 26,2014

Page 9 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

Agricultural Land Commission Application 14-0168-C-ALR (Mertion) Page 5

AGRICULTURAL LAND COMMISSION ACT:

Under Section 20 of the Agricultural Land Commission Act, a person must not use agricultural land for a non-farm use unless authorized by the ALC. The Act states that the removal of soil is considered a non-farm use. A person who intends to remove soil or place fill on agricultural land must give "Notice of Intent" to the ALC at least 60 days before engaging in the intended use. In response to the notice, or if a person engages in soil removal or placement of fill without giving the required notice, the ALC may order that an application to the Commission is required for permission to engage in the use and the Commission may order that the person cease or not engage in the use until a decision on the application is determined. If the ALC does not respond to the Notice of Intent within 30 days, the owner of the land may engage in the intended use.

OFFICIAL COMMUNITY PLAN:

The portion of the subject properties that are impacted by the proposal are designated in the Rural Vernon ("B" & "C") Official Community Plan as Agricultural. The following OCP policies are relevant to this application:

Agricultural Policies

1. Lands designated as Agricultural on OCP map Schedules 'B' and 'C' are intended to be used for agricultural purposes and associated uses as allowed by the Provincial Agricultural Land Commission (the Commission) and the Regional District. 2. All uses and subdivision of land within the Agricultural Land Reserve (ALR) shall be in accordance with the {(Agricultural Land Commission Act" regulations thereto or Orders and Policies of the Commission. 3. Notwithstanding the minimum lot size standards and land use policies cited in the OCP or the ~~zoning Bylaw" or any other policy or bylaw that has been adopted to guide decision making, the Regional Board may, after due consideration, not authorize an application to the Commission if the proposed subdivision or use would have a negative impact on agricultural land or the farming community.

Sand and Gravel Deposits

1. The Regional District recognizes that the Silver Star Foothills area may have locations suitable for future sand and gravel extraction operations and the Regional District will have due regard for these resource values when considering land development proposals in this general vicinity. 2. Except where a parcel is currently zoned Non-Urban, Large Holding or Industrial, an application to amend this Plan is necessary to consider a sand and gravel operation as an Industrial designation to permit a Resource Use as outlined in the ~~zoning Bylaw"; in addition, an application to rezone the property will also be required which applications may or may not be approved.

It is to be noted that Policy No. 2 cited above pre-dates Zoning Bylaw No. 1888 which permits gravel extraction in the Country Residential (C.R) zone.

Page 10 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

Agricultural Land Commission Application 14-0168-C-ALR (Mertion) PageS

Development Permit Area

A Development Permit Area for the protection of the natural environment, its ecosystems, and biodiversity is designated on those portions of the subject properties within 30 m of the natural boundary of BX Creek. Works such as the removal or placement of soil, construction of on-site roadways, and disturbance and removal of vegetation on private land constitutes development and any such activities within the Development Permit Area require authorization through the approval of an application for a Development Permit. A DP application must include a site plan prepared by a BC Land Surveyor that indicates the location of any on-site access roads, and areas of soil removal, soil deposit, vegetation removal or disturbance in relation to property lines and BX Creek.

ZONING BYLAW:

The subject properties are zoned Country Residential (C.R). Uses permitted in the C.R zone include intensive agricultural use, packing houses, public parks and playgrounds, bed and breakfast, boarding house, community care facilities, fruit and produce pickers' cabins and work force housing units, home occupation uses, wineries and cideries, veterinary clinics, single and two family dwellings, ancillary dwellings, manufactured homes, and limited resource use.

As a permitted use in the C.R zone, limited resource use is subject to the provisions of Section 802.1 O.h of the Zoning Bylaw which states that:

For the purposes of this section limited resource use means a use of a lot providing for the conservation, management, and extraction of primary forest, mineral, and other resource materials grown on or originating from the same lot including the preliminary grading, cutting, or crushing of such materials for shipment. A limited resource use shall: i. specifically exclude all manufacturing of products and any processing not mentioned above; and ii. not be permitted on a lot of less than 2 ha; and iii. not include the storage, repair or maintenance of heavy equipment of an off-site logging, mining or other resource based use or business other than one such vehicle used by the owner to commute to his off-site place of business on a day to day basis.

With respect to all development related to residential, commercial, and/or industrial activities, including (but not limited to) removal, alteration, disruption, or destruction of vegetation, disturbance of soils, and the creation of roads, Section 1702 of the Zoning Bylaw requires that development not occur within the Riparian Assessment Area2 unless a lesser setback is determined by an assessment completed by a Qualified Environmental Professional or an approval is granted under the Riparian Area Regulation by .the applicable provincial or federal agencies.

2 30 metres fi·om the high water mark of a riparian watercourse, 30 metres of the top of the ravine bank in the case of a ravine less than 60 metres wide, or 10 metres of the top of a ravine bank in the case of a wider ravine.

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Agricultural Land Commission Application 14-0168-C-ALR (Mertion) Page 7

Zoning Bylaw Text Amendment and Soil Removal Bylaw

Brentwood Road and area residents with concerns about gravel extraction operations on the subject properties appeared as a delegation to the Electoral Area Advisory Committee (EAAC) at their Regular Meeting of August 8, 2013. In response, the EAAC forwarded a resolution for the Board's consideration and at the Regular Meeting of August 21, 2013 the Board of Directors passed the following resolution:

That staff be directed to prepare an amendment to the Country Residential (C.R) zone of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to prohibit the extraction of minerals from properties within Electoral Areas "B" and "C"; and further

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".

In response to the Board's direction, staff prepared Zoning Text Amendment Bylaw No. 2613, 2013 which proposes to prohibit mineral extraction and processing in the Country Residential (C.R) zone in Electoral Areas "B" and "C". Bylaw No. 2613 was considered by the Regional Board at their Regular Meeting of December 11, 2013 at which time the Board gave First Reading to the Bylaw and referred the Bylaw to internal departments, legal counsel, the Agricultural Land Commission, the Ministry of Energy and Mines and various agencies for review and comment prior to consideration of Second Reading.

A Soil Removal and Deposit Bylaw (Bylaw No. 2620) is also underway. Bylaw No. 2620 was considered by the Regional Board at their Regular Meeting of February 5, 2014 at which time the Board gave First Reading to the Bylaw and referred the Bylaw to internal departments and various agencies for review and comment prior to Second Reading. Staff are addressing referral comments and legal advice respecting both Bylaw No. 2613 and Bylaw No. 2620 and are preparing to report back to the Board.

PLANNING ANALYSIS:

This report addresses an application to the Agricultural Land Commission by Klayton Mertion who is seeking approval for a non-farm use on the two subject properties in order to extract 52,800 cubic metres of gravel over a period of five years. The applicant is proposing to mine an approximate 2 ha portion of the subject properties and to redistribute the topsoil over that portion of the property so that it can be used in the future for agricultural purposes. The current application for non-farm use differs from the previous application considered by the Regional Board in February 2014 in that the volume of proposed gravel extraction has been reduced from 62,900 to 52,800 cubic metres and an Agrologist's report addressing both extraction and reclamation has been provided.

The Planning Department is recommending that this application be authorized to be forwarded to the Agricultural Land Commission as the Agrologist's report concludes that if the mining activity and reclamation process are carried out as recommended the net effect of the gravel extraction would be to improve the agricultural capability of the site.

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Agricultural Land Commission Application 14-0168-C-ALR (Mertion) Page 8

The Planning Department recommendation is consistent with the one provided for the previous application, in which case it was recommended that the proposal be supported subject to the submission of a report from a Professional Agrologist which demonstrates that the proposal would not have a negative impact on the agricultural capabilities of the subject and surrounding properties and which outlines actions required to be undertaken to ensure such an outcome.

SUMMARY:

This is an Agricultural Land Commission application for a non-farm use (gravel extraction) related to two properties located at 5801 Brentwood Road. The Planning Department recommends that the application be authorized to be forwarded to the ALC as an Agrologist's report has been submitted which concludes that the gravel extraction process would improve agricultural capability by expanding the area of arable land through gravel removal and grading and by increasing the soil fertility by supplementing reclaimed topsoil with additional soil which has been stockpiled from adjacent road construction. Having demonstrated that the proposed mining activity would not negatively impact the agricultural capabilities of the subject properties and having provided a gravel extraction and reclamation plan which describes actions to be undertaken to ensure such an outcome, the proposal is considered to be consistent with the policies of the Electoral Area "B" and "C" Official Community Plan .

REFERRALS:

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. Regional Agricultural Advisory Committee 5. Greater Vernon Parks and Recreation 6. Ministry of Transportation and Infrastructure 7. Ministry of Environment I Ministry of Natural Resource Operations 8. Ministry of Energy, Mines and Petroleum Resources 9. Ministry of Agriculture 10. Agricultural Land Commission

Submitted by: Jt~~-

ger

Endorsed by:

~RobS . e , MCIP, RPP General Manager, Planning and Building

Page 13 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1 ' . ELECTORAL AREA "C" AGRICULTURAL LAND COMMISSION APPLICATION SUBJECT PROPERTY MAP File: 14-0168-C-ALR Applicant: KLAYTON MERTION Location: 5801 BRENTWOOD ROAD I 012-497-037 & 012-497-045 ! RDtt

<0'/f J;/~I: ·'I 3 '~i<:.5'\P51 621 23 '· 5800 1 1

PLAN 29178 PLAN s B8

PLAN 352 PLAN 1

·,. '· PLAN 352

0 <( 0 a:: 2 0 8 5717 5681 '~w s 165' u;> ~ 5677

Page 14 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

KLA YTON MERTION

BRENTWOOD ROAD PROPERTY

AGROLOGIST'S REPORT:

GRAVEL EXTRACTION & RECLAMATION PLAN

[11~ ~ill ll N ~)ill MAY 2 7 201~

1\I:I~IONt\L D l ~ rf \11: 1 OF l~r )H 1H UI

By: Wayne A. Blashill, PAg. 11519 Quinpool Road. Summerland, BC. VOHlZS. (250) 494 5323 e-mail: [email protected] May 26,2014.

Signature:

Page 15 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

INTRODUCTION

This Agrologist's Report has been compiled to provide a gravel extraction and reclamation plan for two (2) properties on Brentwood Road east of Vernon, BC owned by Klayton Mertion. The properties are within the Agricultural Land Reserve. The legal description of the properties are:

Lot 96. Section 7. Township 5. Osoyoos Division. Yale District. Plan 352. Lot 111. Section 7. Township 5. Osoyoos Division. Yale District. Plan 352.

The owners full name and contact information is:

JGayton Mertion 7215 Bremmer Road Vernon, BC. VlH 1W6 tel: (250) 542 9394 cell: (250) 558 8823

Mr. Blashill, PAg has worked on several extraction & reclamation plans; most recently for Vihar Construction in Smithers and Apex Gravel in East Kelowna, BC. Mr. Blashill has a soil science background, which is essential in assessing land based activity within the ALR. Soils experience is required: to estimate the depth & extent of the soH resource for removal & reclamation; and to calculate land & climatic capability for agriculture. The agrologist's opinion is based on site & soil observations along with the operational constraints & details of the project from the owner.

METHODS

The site was inspected on May 8, 2014. Five (5) soil pits were excavated by machine on the two 10-acre parcels. The soil pits were placed to collect data from the mounds which are slated to be disturbed as a result of gravel extraction. A soil pit was also placed on the flat hay field that straddles the 2 parcels. Appendix A contains the site and soil description data collected at the soil pits and the complete chemistry data. The BC Ministry of Forests FS882 field form was used to record the data. The landforms on the property are described using Howes & Kenk (1988). The soil pit locations are depicted on the surveyor map in Figure 1.

The soil horizons were described to determine the agricultural capability; depths of topsoil to be stockpiled for reclamation; and surface gravel content. Soil color, roots, % coarse fragments, texture are among the factors used to differentiate soil horizons and topsoil depth & extent.

RESULTS

It was determined from field inspection that the property is generally steep and hummocky gravelly sandy glacial-fluvial (gsF0sh) sediment overlying till. The parcels

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SKEl'CH PMN SHOIY/HC I.OC.Al'IOH OF PROPOS.E.O (;RAJ'.li'I, .EXl'RACl'IOH /H £07' 111 S$C7'./0H 7 7'0/YNSHIP 5 OSOJ'OOS DJWSIOH n.CE DIS2'.RIC2' PMN 352 .ANlJ £02' 9fl SECTION 7 2'0/YHSHIP 5 OSOYOOS .1}/P/S/OH Y.A..U' .O/Sl'.RIC2' PMN852

- Figure 1. Surveyors map of the Mertlon property showing the soli pit locations. I. \ Fli.El$~ - - _j ORAIIINC: 6UIJ SII'.J.OKC 60m Dm 4/hn tOihn tlllhn b eo! I I SCAU: I:ISOO mE IN T'CNOEO PLOT SIZE OF THIS PLAN IS :za

Page 17 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

are bordered on the west side by BX Creek. The elevation of the acreage is 556 m. Table 1 contains the soils description and Table 2 shows the soil chemistry for pit M2. Figure 2 is a picture of the soil profile for M2. Note the dark topsoil and the reddish brown Bm horizon underneath it.

T a bl e 1. S 0 il d escn' p·f ton tor pat. M2 on th e M erti on acreage. ){ORIZON ))EPTH COLOUR [fEXTURE ~OA.:RSE )i'RAGMENT CONTENT (em) prav~l ~qJ.lbl~ ~ton~ [ OTAL LFH 3-0 (%) (%) (%) (%) Ah 0-19 JOYR212 sandy loam 10 0 0 10 Bm 19-58 JOYR3/3 sand 30 5 0 35 BC 58-103 IOYR4/3 sand 30 5 0 35 c 103- 156 IOYRS.S/4 sand 0 0 0 0

T a bl e 2• S0 il cb enustry d ata tor Pit. M2 on t h e Mertaon propert:v. $AMPLI!J pll I%OM l'J03" trEC r ;K ta J\.Jg nc (ppm) (meQ/ IOOg) (ppm) (ppm) (ppm) (ppm) (dS/m) Ah(O-J9) 6.8 3.6 4 17.3 >60 142 2210 169 0.10

Figure 2. Soil pit M2 with the dark topsoil to be salvaged for reclamation.

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Soils

The soils all have a dark Ah horizon formed as the result of the decay of grass & shrub leaves & roots in a semi-arid forested environment. The soils are all classified as Orthic Melanic Bmnisols (NRC, 1998) that have developed in these open forest-grassland ecosystems.

SOIL SALVAGE PLAN

Soil Volume

Soil depth is an estimate based on several pedologic factors. The total topsoil volume for reclamation is taken from depths observed at the soil pits. The average topsoil depth at the site is approx. 0.14 m (-6 inches). Based on the 2.5 ha (6.2 ac) area to be salvaged, the volume of topsoil would be:

Total Topsoil Volume= 25,000 m2 x 0.14 m = 3,500 m3

The final volume will exceed the above amount, since topsoil salvaged from the deeded access road will be added to the stockpile for reclamation.

Opea·ational Plan

The operation will proceed along the mounds in a progressive manner from one end to the other. Reclamation will proceed in the same way. Topsoil will be stripped and gravel extracted in an initial operating area. Once sufficient area has been mined and prepared, then soil replacement will commence. The staging of the operation will be beneficial in several ways. It will minimize the amount of topsoil that must be moved and stockpiled, at any one time. Also, it will allow flexibility to respond to changing market conditions. This will occur over a period of 5 years. After which time, operations will end.

The topsoil will be salvaged to a depth of 6 inches. Only the Ah horizon will be salvaged. Additional sand for contouring will be obtained from the gravel operation. The uniform replacement of the topsoillo a depth of 6 inches will restore the original soil productivity of the site.

The gravel extraction & transport is expected to be periodic, averaging about 2 days per week. Minimal crushing may occur. However, dust & noise control will be implemented during those times. Calcium chloride will be applied to reduce road dust. Mound 3 will be mined first. Mounds 1 and 2 will be used to control noise & maintain visual quality for neighbors to the south.

The mounds will be removed and the area will be graded to a final slope of 15 - 20% to join up with the access road to the east & south. The grade will be a natural extension of the field, continuing down to the road.

Page 19 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

There are a couple of large Douglas-fir and Ponderosa pine trees at the base of mound 3 along the western edge. These trees will be retained to provide shade for cattle.

The machine operator will use depth & soil colour to determine the thickness of soil to be salvaged. The dark Ah surface horizon will be stripped to an average depth of0.14 m (6 inches) or to a depth at which all the dark soil is removed. The topsoil will be moved by excavator and truck.

A Bm h01izon was found in al1 the soil pits. This horizon contains roots and is technically defined as soil. However, it is composed of sand & gravel, low in organic matter and subject to drought. Incorporating this layer into the topsoil stockpile would reduce the quality of the dark Ah layer.

The topsoil from mounds 1 and 2 will be placed in the existing piles adjacent to the lay down at the top of the temporary road. Topsoil from mound 3 will be placed on the east upslope side adjacent to the mound. This will facilitate replacement of the material by minimizing the transport distance.

The chemistry in Table 2 shows that the topsoil is good quality. pH and %OM are good. Most nutrients are optimal or nearly so, except nitrate-N which is deficient. EC is good and % sodium is low at <0.8%. A fertilizer rate is included for hay & fruit trees. Tlus topsoil will be ideal for reclamation purposes.

The topsoil piles will be sloped and seeded to a reclamation mix (Table 3) as needed, to l I prevent erosion and maintain soil function. This mix will also be used to seed the topsoil after replacement.

Ta hi e 3. See d max' ~or topso il . ~PECIES % Creeping Red Fescue 30 Tall Fescue 20 Orchard Grass 18 Crested Wheatgrass 16 White Clover 8 Alsike Clover 8

Mitigating Factors

There were no wetlands or sensitive sites observed near the area of gravel extraction. BX Creek and a riparian area run along the western edge of both acreages from north to south. The riparian zone is already under environmental protection from the North Okanagan Regional District and the BC Ministry of Environment regulatory requirements and is outside the scope of this reporl.

Page 20 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

However, the gravel extraction is sufficient distance from the creek & the 30-metre buffer. This reduces the chances of sediment reaching the creek from the work site. The soil and subsoil are well drained sand & gravel with virtually no silt. It is expected that there will be little to no surface run-off after intense rainfall events, due to the high permeability & infiltration rate of this soil.

Inspection

A brief Agrologist's inspection will be required at the beginning of the operation to ensure topsoil is being salvaged correctly and to sufficient depth. A final inspection will be conducted to determine if adequate topsoil has been replaced at the site to restore original soil productivity.

Agricultural Capability

The climatic capability for agriculture of the nearest climate station Vernon/Coldstream at 482 min elevation (RAB, 1972) is:

SA (lbG)

The Mertion property is higher in elevation at 556 metres, and probably cooler than the station. Aridity 5A is improved through irrigation to (1). Subclass (G) indicates reduced heat units. Subclass (b) climate can produce: hardy apples, berries, vegetables and root crops. There is an apple orchard adjacent to the property.

Generally, arable land is defined as having agricultural capability Class 1 to 4 and can be cultivated. Class 5 to 7 land is non-arable. The sandy soil, high coarse fragment content and steep slopes reduce the capability of this site (Kenk, 1983). The combined 20 acre property would be rated for agriculture capability by the complex symbol:

7T4: 5TPA 4: 5W2 4 4 2 (7T : 4P AT : SW )

The 7T is the creek gully & steep sidewalls. The 5TPA is the gravelly hummocks from which the gravel & sand will be removed. The remaining 20% is rated as 5W and contains the creek & riparian zone. The only arable land is a 2-acre field & forest in the central part of property. Removing the sand & gravel and levelling the mounds on the 6.2 acres will increase the arable land to 8.2-acres. This will be enough usable land for hay, cattle or tree fruits. Agricultural outpul from this property will be increased by gravel extraction & reclamation.

DISCUSSION

It is the Agrologist's opinion that the net effect of the gravel extraction will be to improve the agricultural capability of the site. The total amount of arable land wiU be increased

Page 21 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

from 2 acres to 8.2 acres. The mounds of gravelly sand will be replaced by uniform sloping ground east & south to Malim Road. Topsoil replacement will be augmented by soil salvaged from the deeded road construction. This will further increase soil fertility and enhance the site. The new arable portion will still only have a best improved rating of Class (4PAT) due to stoniness, aridity and slope.

Figure 3 shows the existing field. This well established forage crop is currently the only agriculture production on these 2 properties. It is not recommended that the mounds be levelled in place. There would be too much material to create a smooth transition from the field to the road. The intent is to make a continuous area that can be cultivated.

It should be noted that topographic limitations normally cannot be improved, since it is too costly for farmers to do major earthworks. The gravel operation allows the landowner to improve the land in a cost effective way. The Mertion family has cattle in the area, and could make use of the additional arable land.

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REFERENCES

Howes, D.E. and E. Kenk. 1988. Terrain Classification System for British Columbia. MOE Manual I 0. Ministry of Environment. Victoria.

Kenk, E. 1983. Land Capability Classification for Agriculture in BC. MoE Manual 1. Ministry of Environment. Victoria.

NRC. 1998. The Canadian System of Soil Classification. Agriculture Canada. Research Branch. Ottawa.

I· RAB. 1972. Climatic Capability for Agriculture in BC. RAB Technical Paper 1. Province of BC. Victoria.

Page 23 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.1

Page 1 of 1 E X0¥3 1 • 1 ~~~~,,~,,.!In ,; I(H' I (1~7S ·!"~o-'j A AYIJ ~ •l(ti

Farm Soil Analysis

Bill To: Wayne Blashlll Grower Name: Klayton Merilion Lot Number: 1001995 Report To: Wayne Blashlll Client's Sample ld: Report Number: 1916520 Field ld: Brentwood Road Date Received: May 14,2014 11519 Qulnpool Road Acres: 6 Disposal Date: Jun 13, 2014 Summerland, BC., Canada Legal Location: Report Date: May 16, 2014 VOH 1Z5 Last Crop: Crop not provided Arrival Condition: Agreement: 99398

- 1~: IIU! : ':' FW{f•:nm1l -~(fllml.lll'J --- Depth N• p K s·· Ca Mg Fe Cu I Zn I B I Mn I Cl I BiCatbP pH EC(dSJml OM(%) Sample# O"- a· 4 >60 142 6 2210 169 84 o.8 I 4.8 I o.4 I 1.1 I 8.6 I 6.8 0.10 3.6 4737396

Excess Alkaline Vety Toxic H/g/1 ·- ' Oplimum ... . ~ Neutrsl Toxic ~Normal I Marglnol Acidic Caution LOIV ' r ll I I ~ ~ I I Oefident If VetyAcldtc Good VetyLOIV I I Total Texture n/a Hand Texture n/D BS 73.9% 10 160 379 17 lbs/acre Sand nla Silt nla Clay nla Ca 63.0% Mg 8.1% Na <0.8% I( 2.1%

Estimated Ammonium nla TEC 17.3 meq/100g No <30 ppm 16 129 284 27 lbs/acre Lime OT/ac Buffer pH 6.6 Est. N Release nla C:NRatlo nla .N ltrnt•N .. Sulfole·S n/a • nolonelysad RECOMMENDATIONS FOR BALANCED CROP NUTRITION Hay- Grass Fruit trees f,1acro-nutrients Yield N P205 K20 s Yield N P205 K20 s tJrowing Condllion T/ac To be added (lbs/acre bu/ac To be added (lbs/acre) Excellent 4.3 101 0 28 14 . 4. 121 0 111 5 Average 2.9 77 0 18 9 3 103 0 80 5 Your Goal 0.0 0 Removal Rate (SeedfTotal) 4.3 0/161 0/47 0/204 0/20 4 0/0 0/0 0/0 0/0 ~icro-nulrienls Iron Copper Zinc BOI'on Manganese Iron Copper Zinc Boron Manganese tro be added (lbs/ac) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 Parts of I he field may be BDI'on deflcienl. The Ideal pH range Is 6.0 to 7.5

Comments:

Recommendations are based on general research consensus. They should not replace responsible judgement.

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REGIONAL DISTRICT PLANNING DEPARTMENT of NORTH OKANAGAN INFORMATION REPORT

DEVELOPMENT VARIANCE PERMIT APPLICATION

DATE: June 2, 2014

FILE NO.: 14-0122-D-DVP

APPLICANT: John and Blake Hockey

LEGAL DESCRIPTION: Lot 1, DL 1172, ODYD, Plan KAP76362

P.I.D.#: 026-045-273

CIVIC ADDRESS: 1329 Trinity Valley Road

PROPERTY SIZE: 2.6 ha (6.4 ac)

SERVICING: On-site well / On-site septic sewage disposal

ZONING: General Industrial (I.2)

O.C.P. DESIGNATION: Industrial

PROPOSAL: To construct a storage building

PROPOSED VARIANCE: To waive the requirement to pave and curb a parking area

PLANNING DEPARTMENT RECOMMENDATION:

That upon consideration of input from adjacent land owners, a Development Variance Permit be issued for the property legally described as Lot 1, DL 1172, ODYD, Plan KAP76362 and located at 1329 Trinity Valley Road, Electoral Area “D” to permit a variance to Sections 1101.2.e.iii and 1101.2.f of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by waiving the requirement to pave and curb an industrial parking area subject to: 1. the dimensions and siting of the parking area on the land being in general accordance with the site plan attached to the Planning Department report dated June 2, 2014; and 2. the parking area being sufficiently gravelled and treated to suppress dust, graded to provide an even surface, drained so that no surface water accumulates on the property or runs off onto neighbouring properties and kept free of weeds.

BACKGROUND:

This report relates to an application for a Development Variance Permit for the property located at 1329 Trinity Valley Road. A Development Permit was issued for the property in 2010 to permit the construction of a storage (coverall) building. The Permit stipulates that parking areas must be paved in accordance with the requirements of the Regional District Zoning Bylaw. Page 25 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.2

Development Variance Permit Application 14-0122-D-DVP (Hockey) Page 2

Through this application, the owners of the subject property are requesting that the requirement to pave the above noted parking area be waived in lieu of providing a parking area that complies with the gravel surface standards of the Zoning Bylaw.

Site Context

The subject property is located on the east side of Trinity Valley Road approximately 16 km from the Village of Lumby. The property currently contains a 157.3 m2 (1,700 ft2) sawmill building, 2 storage sheds and the above noted storage (coverall) building. Access to the property is gained via a driveway off of Trinity Valley Road.

The subject property is zoned General Industrial (I.2), is designated as Industrial in the Official Community Plan and is not located within the Agricultural Land Reserve (ALR). The properties to the north, south and west are zoned Large Holding (L.H), are designated as Agricultural and are located within the ALR. The property to the east is zoned Large Holding is designated as Non-Urban and is located outside of the ALR. The following orthophoto of the subject and surrounding properties was taken in 2007.

The Proposal

The above noted storage (coverall) building was constructed without the issuance of a Building Permit. The applicant has since applied for a Building Permit, however, one cannot be issued until a driveway and five parking spaces on the property are paved or security is provided to allow the parking area to be paved after the issuance of the Building Permit. Page 26 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.2

Development Variance Permit Application 14-0122-D-DVP (Hockey) Page 3

ZONING BYLAW:

The subject property is zoned General Industrial (I.2). Uses permitted in the I.2 zone include retail sale of heavy equipment and machinery, service and repair including automobile wrecking and junk yards, bulk storage plants, contractors for general and heavy construction, machinery and heavy equipment repair and the manufacturing, processing, and storage of: chemical and allied products, food products, machinery and transportation equipment, metal products, non- metallic mineral products including concrete products or ready mix concrete, petroleum and coal products, synthetic fibres, wood products and uses permitted in the Light Industrial (I.1) zone.

A restrictive covenant is registered on the subject property to restrict the Industrial Use of the property to manufacturing, processing and storage of wood products only and the hours of operation to 7:00 a.m. to 5:00 p.m. Monday through Saturday. The covenant also contains specific requirements for landscape buffering and visual screening including 20 metre wide buffers, 2 metre high berms, 6 foot high solid wood fences and tree and shrub plantings.

Off-Street Parking:

Section 1101.2.e. of the Zoning Bylaw states that every off-street parking area shall be: i. graded to provide an even surface; and ii. drained so that no surface water: a. accumulates theron; or b. runs off onto any sidewalk; or c. runs off onto any highway if the area is not paved; and iii. surfaced with asphaltic concrete or cement pavement except in the following: a. all Rural zones and Special Use zones; and b. all Residential zones providing the use is single family residential or two family residential; and c. in Commercial zones where the property is vacant, pending sale or development, and no other use is being made of the lot; and the other provisions of this section are being complied with; and curbs are erected to prevent gravel going onto sidewalks or highways.

Where a paved surface is not required, the surface must be: i. kept free of weeds; and ii. gravelled; and iii. treated to suppress dust; and iv. have access to and from highways as approved by the Ministry of Transportation where applicable.

Section 1101.2.f of the Zoning Bylaw states that all parking lots shall be provided with curbs.

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Development Variance Permit Application 14-0122-D-DVP (Hockey) Page 4

OFFICIAL COMMUNITY PLAN:

The Electoral Areas “D” and “E” Official Community Plan designates the land use of the subject property as Industrial. The following OCP Industrial Policies are applicable to the application:  Industrial land shall be serviced with potable water, proper sanitary sewage disposal facilities, and suitable storm water drainage collection, treatment and disposal systems.  Industry should be encouraged; particularly those industries which take advantage of local conditions and employ local people.  Industry emissions shall not adversely affect the land, water or air environment, either in the short term or cumulatively in the long term. Further, that noise, light and dust from industrial activities are kept at a level so as not to be a nuisance to surrounding areas.

Development Permit Area for Form and Character of Industrial Development:

The Electoral Areas “D” and “E” Official Community Plan also designates the subject property as being within a Development Permit Area for Form and Character of Industrial Development. The applicable guidelines do not specify how parking areas should be surfaced, although they do encourage new development to provide safe and efficient vehicle entrances, exits and site circulation.

PLANNING ANALYSIS:

The Planning Department recommends that the subject application be given favourable consideration as it does not appear that the proposed gravel parking lot without curbs would negatively affect the use and enjoyment of the subject and surrounding properties. In this regard, it is noted that the size of the parking lot is limited to five parking stalls and that a landscaped berm has been installed around the perimeter of the property. Overall, the amount of dust generated and spreading from the parking area should be minimal.

Gravel parking lots have the potential to negatively impact the use and maintenance of adjacent paved roads. In this case, the adjacent road is Trinity Valley Road, which is a gravel road under the jurisdiction of the Ministry of Transportation. In this regard, the Ministry has advised that their interests are unaffected by the proposed variances.

In keeping with the provisions of the Zoning Bylaw and the applicant’s proposal, it is recommended that as a condition of the Development Variance Permit, the parking lot be sufficiently surfaced with gravel, kept free of weeds and treated to suppress dust.

SUMMARY:

It is recommended that upon consideration of input from adjacent landowners, the subject application be given favourable consideration as allowing the uncurbed parking area to have a gravel surface should not have a negative impact on the use and enjoyment of the subject and surrounding properties and on the use of Trinity Valley Road.

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Development Variance Permit Application 14-0122-D-DVP (Hockey) Page 5

REFERRAL COMMENTS:

The application was referred for comments to the following:

1. Electoral Area "D" Director 2. Electoral Area "D" Advisory Planning Commission 3. Building Inspection Department The Building Department advises that they have no concerns with the application and note that the proposal will support and facilitate the issuance of a Building Permit for the existing building. 4. Ministry of Transportation and Infrastructure The Ministry advises that they agree that access driveways and parking lots off of gravel roads should also be gravel.

Submitted by: Reviewed by:

Lynda Fraser, Planning Assistant (Temp.) Deputy Planning Manager

Endorsed by: ~~ Rob Smailes, MCIP, RPP General Manager, Planning and Building

Page 29 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.2

ELECTORAL AREA "D" DEVELOPMENT PERMIT WITH VARIANCE APPLICATION SUBJECT PROPERTY MAP File: 14-0122-D-DP (F) /14-0123-D-DVP Applicant: JOHN & BLAKE HOCKEY Location: 1329 TRINITY VALLEY ROAD

W112

1383

Subject Propert y l Par12 PP27917

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., PRIHARY MANt.FACTURI~ SAU.MILL .,~ W!NKJ..ER aJlL.OINC'i LOT I - DL 1112, OD.Y.D. P~ED PAFKINCi 5-TALLS 132':1 TRINITY VALLEY ROAD 6C July 3, 2014 - Item E.2 TRINITY VALLEY WOOD PRODUCTS

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"' ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.3

REGIONAL DISTRICT PLANNING DEPARTMENT of NORTH OKANAGAN INFORMATION REPORT

DEVELOPMENT VARIANCE PERMIT APPLICATION

DATE: June 18, 2014

FILE NO.: 14-0150-C-DVP

APPLICANT: Grace Bible Church of Vernon c/o Don Gibbs

LEGAL DESCRIPTION: Lot 42, Sec 12, Twp 8, ODYD, Plan 780

P.I.D.# 012-059-251

CIVIC ADDRESS: 5661 Silver Star Road

PROPERTY SIZE: 1.32 ha I 3.25 acres

SERVICING: Greater Vernon Water I City of Vernon Sanitary Sewer

ZONING: Country Residential (C.R)

O.C.P. DESIGNATION: Agricultural

PROPOSAL: To construct an addition to the Grace Bible Church

PROPOSED VARIANCE(S): Reduce number of parking stalls from 492 to 170

PLANNING DEPARTMENT RECOMMENDATION:

That upon consideration of input from adjacent landowners, a Development Variance Permit be issued for the property legally described as Lot 42, Sec 12, Twp 8, ODYD, Plan 780 and located at 5661 Silver Star Road, Electoral Area "C" to allow a variance to Section 1101.3 of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by reducing the required number of parking spaces for the proposed 544 seat church and 1,564.9 m2 church hall area from 492 spaces to 170 spaces as shown on the site plan attached to and forming part of Planning Department Information Report dated June 18, 2014.

BACKGROUND:

This report relates to an application for a Development Variance Permit for the property located at 5661 Silver Star Road, Electoral Area "C". The applicant is proposing an addition to a church on the property. The addition would increase the sanctuary seating capacity to 544 seats and 2 the church hall area to 1 ,564.9 m . The Regional District Zoning Bylaw requires that a church provide 0.49 parking spaces per attendee and 1 parking space per 7 m2 of the gross floor area of the church hall. In this regard, the applicant is requesting that the required number of parking spaces be reduced from 492 to 170.

Page 32 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.3

Development Variance Permit Application 14-0150-C-DVP (GRACE BIBLE CHURCH) Page 2

The property is in the Agricultural Land Reserve and in 2010 the applicant received approval from the Agricultural Land Commission to construct a 3,337 m2 addition to the church as a non farm use under Section 20(3) of the Agricultural Land Commission Act.

Site Context

The 1.32 ha subject property is located within Electoral Area "C" on the east side of Silver Star Road approximately 350 m northeast of the intersection with L & A Road and approximately 550 m southwest of the intersection with East Vernon Road. Silver Star Road is within the City of Vernon however the lands on either side of the road are within the Regional District. Access to the subject property is gained from a single driveway which connects to Silver Star Road. The property is serviced by City of Vernon sanitary sewer and Greater Vernon Water.

The following ortho (aerial) photo of the subject and surrounding properties was taken in 2013.

The subject property and surrounding lands are within the Agricultural Land Reserve. Properties on either side of the subject property are of similar width and area. The subject and surrounding properties are designated Agricultural in the Official Community Plan and are zoned Country Residential (C.R). BX Creek flows southward within a treed corridor bordering the rear property line. Existing land uses of surrounding properties are as follows: • North: Rural residential • South: Vacant and Rural residential • East: BX Creek, Rural residential • West: Silver Star Road, nursery, and Rural residential

Page 33 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.3

Development Variance Permit Application 14-0150-C-DVP (GRACE BIBLE CHURCH) Page 3

The property is currently developed with an 849.1 m2 church including a 298 seat sanctuary. A total of 62 paved parking spaces are situated to the front and southwest side of the building. A portable classroom has been placed at the rear of the church and a gravel area provides additional parking area behind the church. Between the gravel parking area and BX Creek the property is undeveloped. The developed portion of the subject property is generally flat however the rear portion slopes steeply to BX Creek.

The Proposal

The applicant is proposing to remove the portable classroom and construct a 1,824.4 m2 addition at the rear of the existing church. The addition would be two storeys plus a basement. The main level would house a new sanctuary with a balcony accommodating a total of 544 seats, meeting rooms, a nursery, and washrooms. The basement would accommodate classrooms, a recreation room and washrooms. The existing 298 seat sanctuary would be converted to an "all purpose room". It is proposed that the gross floor area of the church would 2 2 be expanded from 849 .1 m to 2,673.5 m .

The proposed parking area includes 36 stalls in the front of the bui lding, 51 stalls along the south property boundary and 80 stalls at the rear. 3 parallel stalls are located adjacent to the south side of the church. 35 of the proposed 170 parking stalls would be 'small car' stalls.

CTQ Consultants provided a Traffic Impact Analysis. The report concludes that the traffic generated by the proposed expansion to the existing Church site will have a minimal impact on the operation of the adjacent Silver Star Road. The projected 2025 traffic volumes for the entry to the site did not meet the left turn bay warrant requirements. The 2025 analysis also did not require the addition of a right turn deceleration lane for the entry to.the site.

ZONING BYLAW:

The subject property is zoned Country Residential (C.R). A church is considered an "assembly use" which is permitted in the C.R zone under Section 305 of the Zoning Bylaw.

Off-Street Parking and Loading Spaces

Section 1101.3 of the Zoning Bylaw requires a minimum of 0.49 parking spaces per church attendee and a minimum of 1 parking space per 7 m2 of gross floor area of a church hall. Gross floor area is defined in the Bylaw as the sum of all areas of each storey in each building on a lot measured between the exterior walls of such building.

Section 11 01.2.j of the Zoning Bylaw requires that in the case of mixed uses, the total requ irements for the off-street parking facilities shall be the sum of the requirements for the various uses computed separately.

In this regard, the proposed 544 seat church would require 267 parking spaces and the church hall would require 225 parking spaces (122 for the 849.1 m2 existing church area and 103 for the 715.8 m2 proposed basement area) for a total of 492 parking spaces.

Page 34 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.3

Development Variance Permit Application 14-0150-C-DVP (GRACE BIBLE CHURCH) Page4

The Zoning Bylaw requires that parking spaces have a clear length of 6 m and a width of 2.8 m except that in Industrial zones, Commercial zones, and Multi-Family zones 25% of the total number of required parking spaces may be made up of small car parking spaces having a clear length of not less than 5.2 m and a clear width of not less than 2.3 m. Ingress and egress to and from all parking spaces must be by means of unobstructed driveway aisles of not less than 8 m for right angle parking.

AGRICULTURAL LAND COMMISSION:

In 1990 the Mennonite Church of Vernon received approval from the Agricultural Land Commission to construct a church on the subject property. In 2009, representatives of Grace Bible Church applied for approval of a non-farm use within the ALR in conjunction with their proposal to expand the church. In September 2010, the Agricultural Land Commission considered the application and approved the non-farm use application subject to: • construction of a fence on the north, south, and west boundaries to limit trespass onto adjoining parcels; • the planting of vegetation for buffering at a minimum width of 3 m on the north, south, and west boundaries, as per the ALC's Landscape Buffer Specifications, noting the landscaping must be irrigated; • that building expansion be commenced within 3 years; • the submission of a soil handling plan indicating how topsoil will be stripped, preserved and used on the property for the buffer planting, and/or distributed to adjoining ALR parcels; • the submission of a storm water drainage plan showing how run-off from the parking area will not affect adjoining ALR parcels; and • approval for the non-farm use is non-transferable.

The ALC requires that the applicant provide confirmation of compliance with the conditions prior to commencing construction and in 2013 the ALC granted the applicant a one year extension to commence the project.

OFFICIAL COMMUNITY PLAN:

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

Agricultural Lands

1. Lands designated as Agricultural on map Schedules 'B' and 'C' are intended to be used for agricultural purposes and associated uses as allowed by the Provincial Agricultural Land Commission and the Regional District. 2. All uses and subdivision of land within the Agricultural Land Reserve (ALR) shall be in accordance with the "Agricultural Land Commission Act" regulations thereto or Orders and Policies of the Commission. 3. Where a property is being developed adjacent to a property that is designated as Agricultural, an appropriate buffer strip will be established on the non-Agricultural property consistent with the "Landscape Buffer Specifications" established by the Commission.

Page 35 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.3

Development Variance Permit Application 14-0150-C-DVP (GRACE BIBLE CHURCH) Page 5

Institutional Uses

1. Utility, assembly and civic uses shall be allowed in all locations in Electoral Areas 'B' and 'C' except as restricted by the "Zoning Bylaw" or by the "Agricultural Land Commission Act".

Roads

1. Some Major Roads are recognized in the Plan area where the minimum right-of-way is established at 25 metres where direct access will be limited and extra building setbacks will be provided in the "Zoning Bylaw". Silver Star Road is identified in the OCP as an existing Major Road.

Development Permit Areas

1. The Regional District considers that Swan Lake, Goose Lake and Kalamalka Lake as well as all local watercourses are environmentally sensitive to development and these areas have been identified as Development Permit Areas and restrictions on the use of land in these areas are reviewed in the Development Permit Section of the OCP. 2. The Regional Board has the objective to protect the environmentally sensitive ecosystem around local watercourses and to maintain the water quality of these water bodies; therefore, all lands within 30 metres of the natural boundary of any local watercourse are designated within a Development Permit Area to set conditions for the protection of the natural environment of the watercourse and its ecosystems and biodiversity. When reviewing a Development Permit Application the Regional Board will consider the guidelines outlined as follows: i. land within 15 metres of the natural boundary of a watercourse should remain free of development with the exception of fencing, works and 'plantings to control erosion, protect banks, protect fisheries or waterfowl habitat or otherwise preserve and enhance the creek and associated habitats; ii. the Regional District may, where appropriate, require fencing of sensitive habitat to protect fish bearing watercourses from livestock or the public, as a condition of development approval; iii. the Regional District may require a Restrictive Covenant to ensure long-term protection and maintenance of riparian vegetation; iv. all designs for new construction works and all construction activity works should conform to guidelines established within the "Land Development Guidelines for the Protection of Aquatic Habitats" (Ministry of Lands and Parks, Fisheries and Oceans Canada, 1992) and in accordance with federal and provincial regulations.

PLANNING ANALYSIS:

The Planning Department recommends that the subject application be given favourable consideration for the following reasons: • when constructed, the existing church complied with the Zoning Bylaw standards of the day, which at the time required 1 parking space per 10 seats. In this regard, it is noted that a total of 62 parking spaces are provided for the existing 298 seats, which equates to 1 space per 4.8 seats. A total of 170 parking spaces are to be provided for the proposed 544 seats, which equates to 1 space per 3.2 seats;

Page 36 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.3

Development Variance Permit Application 14-0150-C-DVP (GRACE BIBLE CHURCH) Page 6

• the proposed church addition was supported by the Board of Directors through the review of a non-farm use application to the Agricultural Land Commission. At the time, it was noted in the staff report to the Board that a parking variance would likely be required as a condition of issuance of a Building Permit for the proposed addition; • the proposed number of parking spaces would comply with the parking requirements of several other local government bylaws, including but not limited to the City of Vernon (1 per 7 seats), Village of Lumby (1 per 10 seats), City of Enderby (1 per 10 seats), City of Kamloops (5 per 100 m2 gross leasable area or 1 per 10 seats), the Columbia Shuswap Regional District (1 per 4 seats), Fraser Valley Regional District (1 per 5 seats) and the Central Okanagan Regional District (1 per 10 seats); • the current Zoning Bylaw requires that parking spaces be provided for the church attendees and the church hall area. In this regard, it is suggested that it is unlikely that the church hall, classrooms, recreation area and sanctuary would be used at the same time. This is reflected in the fact that most local governments, including those noted above, do not require that parking stalls be provided for church seats and church hall areas. In this regard, the Planning Department is of the opinion that the Regional District's parking requirements for places of religious assembly should be reviewed in the upcoming Zoning Bylaw review.

As noted below, the City of Vernon has expressed concerns with regard to any impacts the proposed development may have on Silver Star Road. In this regard, it is noted ·that the Bu ilding Permit application for the proposed building addition will be forwarded to the City, at which time the City can look to resolve these concerns through the review of an Access Permit application. The Planning Department has forwarded the City's comments to the applicants for their information and appropriate action.

SUMMARY:

This is an application for a Development Variance Permit related to the property located at 5661 Silver Star Road. The application proposes to vary the parking requirements of Zoning Bylaw No. 1888, 2003 by reducing the required number of parking spaces from 544 to 170. The Planning Department recommends that upon consideration of input from adjacent land owners, the application receive favourable consideration as it does not appear that the proposal would have a negative impact on the use and enjoy of the subject and surrounding properties.

REFERRAL COMMENTS:

The application was referred for comments to the following:

1. Electoral Area "C" Director Mike Macnabb 2. Electoral Area "C" Advisory Planning Commission 3. Electoral Area Advisory Committee 4. Building Inspection Department The Bu ilding Inspector commented he has no concerns with respect to this application. 5. Agricultural Land Commission (for information only) The ALC noted that while there is no information on file that any of their conditions have been fulfilled, in 2013 the ALC's approval was extended until September 2014.

Page 37 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.3

Development Variance Permit Application 14-01 50-C-DVP (GRACE BIBLE CHURCH) Page 7

6. Interior Health Authority An initial review has been completed and no health impacts associated with this proposal have been identified. As such, our interests are unaffected by this development proposal. 7. Greater Vernon Water If an increase in domestic water service size or increased flow for fire protection is required to facilitate development the applicant is advised to contact GVW. 8. City of Vernon- Engineering The City Engineering Department advises that the City requires the provision road dedication as a condition of onsite parking variance approval. The applicant is also required to create and provide a plan to address the overflow parking that does not utilize Silver Star Road for parking. This plan must be based on the difference in vehicles that the variance provides for and is anticipated to require some agreement with neighbouring properties to provide those parking spaces. Alternatively the applicant will be required to widen Silver Star Road to provide adequate parallel parking spaces for the potential overflow parking.

Submitted by:

Deputy Planning Manager

Endorsed by:

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

Page 38 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.3

ELECTORAL AREA "C" DEVELOPMENT VARIANCE PERMIT APPLICATION SUBJECT PROPERTY MAP File: 14-0150-C-DVP Applicant: Grace Bible Church c/o Don Gibbs Location: 5661 Silver Star Road

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Page 39 of 69 ~

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Page 44 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.3

Page 45 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.4

THE CORPORATION OF THE CITY OF VERNON

File: 3370-20-18/21/22/23/24/25 m~(C;rniTWlEIDJ June 3, 2014 JUN 0 9 2014

Regional District of North Okanagan (GVW) REGIONAL DISTRI CT OF 9848 Aberdeen Road NORTH OKANAGAN Cold stream, BC V1 B 2K9

Dear Sir/Madam:

Re: Boundary Change - City of Vernon

The City is advising you that by issue of Supplementary Letters Patent by Order in Council No.280 by the Province of British Columbia dated May 23, 2014 the following described lands were included within the boundaries of the City of Vernon:

1. STRATA LOTS 1 AND 2, STRATA PLAN KAS2581, SEC. 12, TP. 8, ODYD (5930 AND 5932 STAR ROAD) 2. FOR LOTS 2 AND 3, SEC. 11, TP. 8, ODYD (5241 AND 5277 SILVER STAR ROAD) 3. LOT 1, PLAN 31211, SEC. 11, TP. 8, ODYD (4815 SILVER STAR ROAD) 4. LOT 4, SEC. 11, TP. 8, PLAN 4165, ODYD (5902 PLEASANT VALLEY ROAD) 5. LOT 3, PLAN 11775, SEC. 2, TWP. 8, ODYD (4403 MUTRIE ROAD) 6. LOT 3, SEC. 18, TP. 5, PLAN 29910, ODYD (7025 HERBERT ROAD AND 7110 BATES ROAD) 7. LOT 1, PLAN 23048, SEC. 11, TWP. 8, ODYD (6162 PLEASANT VALLEY ROAD) Please find enclosed a copy of the Supplementary Letters Patent together with a map indicating the lands in bold . Yours truly;

Patricia Bridal Director of Corporate Services

Enclosures

City Hall: 3400 - 30th Street, Vernon, British Columbia V1 T 5E6 Airport, Telephone (250) 545-3035 o Fax (250) 542-4533 Telephone (250) 545-1361 • Fax (250) 545-7876 City Yards, Telephone (250) 549-6757 • Fax (250) 545-3345 Administration • Fax (250) 545-4048 Fire Department, Telephone (250) 542-5361 • Fax (250) 542-7271 www.vernon.ca Planning & Engineering, -Telephone (250) 550-3634 o Fax (250) 545-5309

Page 46 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.4

Properties Proposed

Swan for Annexation Lake

Page 47 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.4

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANTGOVERNOR fN COUNCIL

Order in Council No. 280 • Approved and Ordered May 23,2014

Ueutenant Governor

Executive Council Chambers, Victoria

On the recommendation of the undersigned, the Lieutenant Governor, by and ·with the advice and consent of the Executive Council, orders the following: 1 Letters Patent, in the form attached, be issued for The Corporation ofthe City of Vernon. . 2 Letters Patent, in the fonn attached, be issued for the Regional District of North Okanagan.

Minister ofCommunity, Sport cmd Presiding 1vfe ber ofthe Executive Cozmcil Cultural Development c I 1-

(This part is for administmh'l'e pwpose.s onl}' and Is not pm1 ofthe Order.)

Authority unde1· wllicb Order b m!ld~; r Act and section; Local Government Act."R.S.B.C. 1996, c.323, s. 20 & 782; Community Charter, S.B.C. 2003, c. 26, s. 6 I Other (specifY): OICs 508/i 892, 450/2009 and .308 t/1965; 448/20 lJ . . J Februaty 28, 2014 RESUB 3/0/3012014/33 . I_ I I

Page 48 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.4

(anaba: tltnbfnte nf}lilritisb qcnlutnbta

1Letteril ~ateut

Qeli?abetb tbe ~econn, by the Grace of God, ofthe UnitedKingdom!J · Canada and Hei; Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. ·

To all to whom these presents shall come- Greeting.·

Wbet•eaz The Corporation of the City of Vernon is a :ffliniJ>rer nf Cfommnnitp, gs,port anb . municipality incorporated by Letters Patent issueU on f December 30, 1892 (Order in Co~mcil 508/1 892). and (l[:nltm·a{ ~~\Jefupnmtt

Wbet•en« a request has been received by the Minister of Community, Sport and Cultural Development from the Council of The Corporati.on ofthe Clty of Vernon requesting an extension of the area of The Corporation of the City of Vernon to include the land shaded imd described as the extension area in the attached map titled "Schedule 1 to the Letters Patent of I The Corporation of the City of Vernon". and WuerefUi the conditions and requirements ofsection20cofthe Local Ga11ernmenl Act bav~ _beeo duly~ c.ompiied with; ~oi.U Imot.u pe f{lllt We do by these presents proclaim and order as follows:

1 The area of Tire Corporation oftlte City of Verno11 is extended to include t!te land shaded and described as tfte extensi.tm area in the attached map titled uscherlule 1 to the Letters Patent of The Corporation of the City of Vernon'~ ·

2 All pre~•lous boundaries of Tlte Corporation of the Ci(l' of Vernon set out in Letters Patent, ot/Jer tllau ilt the l Letters Patent referred to ilt section 3, are repealed.

Pitge2of7

Page 49 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.4

3 The Letters Patent issued on December 30, 1892 for Tlte Co.rporatiou of tile City of Vemmt are amended by siri/fing out ('The municipality shall comprise all that tract ofland, foreshore and land covered by water consisting of 11 448.36 hectares within the boundaries of the municipality as sho\\'11 on the map, reference number VER-24-05, dated July 14, 2011, attached as Schedule 1 to these Letters Patent." and substituting the following:

"The municipality sl)all comprise all that tract of land, together with all that foreshore and land covered by water, consisting of I1 483.60 hectares within the boundaries of the municipality as shown on the map, l'eference number VER-25-05, dated February 26,2014, attached as Schedule 1 to the$e Letters Patent/'

• !~ 4 The Letters Patent are amended by adding as Scltedule I to the Letters Pate11t the attached map titled uschedule Ito the Letters PatentofThe Corporation of the City of Vernon"•

. ~ 11 tefitilll Oll!' tu{JereQ{, We have caused these Our Letters to be made Patent and the Great Seal of Our Province of . British Columbia to be hereunto affixed.

WitH£~%. The Honourable Judith Guichon, Lieutenant Governor of Our Province of British Columbia, in Our City of Victoria, hi Our Province, this - ? 3 Ri> day of MtrY , two thousand fourteen and in the sixty-third year of Our Reign.

I I I

~ttormp ~mmil nnb ;fflitti~tet' of gfn~Jtite {Ql:nnnter r;irrnattm~ fot· t{le ~reat £,~al)

Page 3 of7

Page 50 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.4

Page 51 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.4 l

QI:anaba ~roufnce of 1J!ltittsb qtnlumbia

1Letten~ ,Jiatent ·

Qllf?abetb tbe ~econb, by the Grace of God, of the United Kingdom~ Canada and Her Other Realms and Territories, Queen, Head of the . Commonwealth, Defender of the Faith. J I To all to Yihom these presents shall come- Greeting. ! -I Wuereaz the Regional District of North Okanagan was incorporated by Letters Patent issued on November 9, 1965 .fnlini~tw of 0:ummnnitp, ~port llnb l (Order in Council3081/l965). and \tnlturnltinbelopment [_

~- -'---~- -W{Jerea:l1-the-area-of'TheGorporation ofthe.Gity-ofVemon iS-extended by-Letter~ Patent for-The_ Corporation ofthe_City_ ofVemon issued concurrently with these Letters Patent~ l . ~ow !mow pe tbnt We do by these pt·esents proclaim and order as follows:

Definitions 1 Jn these letters patent: "municipality" means The Corporation of the City ofVernon: uregional distl'lct" means the Regional District of North Okanagan; "transferred area" means the new area included within the botmdaries of the municipality by letters patent . issued concurrently with these lett.ers patent. I I i\1gdof7 t I

Page 52 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.4

Transfer of regional district servfce juriSdiction 2 The jurisdiction for a service ~f the regional district that is provided in a service area, all or part of which service area is in the transferred area, is transferred to the municipality in respect of all or that part of the service area that is in the transferred area.

Transfer of regional district's assets 3 The regional district's rights, property and assets that relate to a service transferred under section 2 and that are associated with all or part of the transferred area are transferred to and vest in the municipality.

Transfer ofregional cUstrict's obligations 4 . The regional district's obligations that relate to a service tra~sferred under section 2 and, that are associated with al1 or part of the transferred area are transferred to and assumed by the municipality.

Regional district resolution continued 5 .. A resolution of the regional district that relates to a servicefor.whichjurisdictionJs trai1sferred under section2 . and that Is applicable to all or part of the transferred area continues in force as a resolution ofthe municipality applicable to the area of the municipality to which it applied as a resolution of the regional district until the resolution is amended or repealed by the council of the m1.1nicipafity. ·

Regional district reference deemed a municipal reference 6 · A reference to the regional district in any commercial paper, lease, license, permit or other contract, instrument or document that is transferred under section 3 or 4 or that relates to rights, property, assets and obligations transferred under section 3 or 4 is deemed to be a reference to the municipality.

3Jn te~ttm.otQ? wfmeof, We have caused these Our Letters to be made Patent and the Great Seal of Our Province of British Colwnbia to be hereunto affixed. ·

I I I

I I I l l I. I

Page 53 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.4

Witne.$'11, The Honourable Judith Guichon, Lieutenant Governor of Our Province of British Columbia, i~ Our City of Victoria, in Our Province, this ;)3 R D day of H 1~ Y , two thousand fourteen and in the sixty-third year of Our Reign. ·

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Page 54 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.5

REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 3045.12.03.07

TO: Electoral Area Advisory Committee FROM: Planning Department DATE: June 4, 2014 Electoral Area "D" and "E" Official Community Plan Regional SUBJECT : Context Statement Workplan

RECOMMENDATION:

That it be recommended to the Board of Directors the Electoral Area “D” and “E” Official Community Plan Regional Context Statement Work Plan be endorsed.

DISCUSSION:

The Regional Growth Strategy (RGS) is the coordinating plan for the Regional District of North Okanagan and member municipalities on matters affecting the management of growth and regional sustainability. The RGS provides partners with a framework to achieve shared goals while maintaining the autonomy of local jurisdictions in their community planning decisions. The Regional District of North Okanagan received $250,000 from the Union of British Columbia Municipalities (UBCM) Regionally Significant Projects Grant in February 2013 to coordinate Regional Context Statement (RCS) development and provide assistance, staff and financial resources to assist in developing 10 municipal and Electoral Area RCSs.

It is proposed that a RCS be developed for Electoral Area “D” and “E’ Official Community Plan Bylaw No. 2485, 2011 as a mechanism to convey the consistency of the Official Community Plan’s (OCP) policies and approach with the goals and strategies of the RGS. The Electoral Area “D” and “E” OCP RCS project has been allocated $11,500 from the Regionally Significant Projects Gas Tax Grant to support RCS development.

BACKGROUND/HISTORY:

The Regional District of North Okanagan adopted the RGS Bylaw No. 2500 on September 21, 2011, following acceptance by all affected local governments (including the City of Armstrong, District of Coldstream, City of Enderby, Village of Lumby, Township of Spallumcheen, City of Vernon and adjacent regional districts) and endorsement by the Electoral Area Advisory Committee.

Successful implementation of the RGS depends on cooperation between the Regional District of North Okanagan and local governments and the ability of local plans, policies and programs to contribute to the regional planning goals identified in the RGS. The RCSs are the key documents that identify the relationship between the RGS and local OCPs and are the main implementation tool of the RGS.

Page 55 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.5 Electoral Area "D" and "E" Official Community Plan Regional Context Statement Workplan Report to Electoral Area Advisory Committee – June 4, 2014 Page 2

The Electoral Areas “D” and “E” OCP was under review during the development and adoption of the RGS. During the OCP’s policy development, draft RGS goals and strategies were taken into consideration. The OCP began the adoption process in May 2011 and was adopted on March 21, 2012. The OCP currently does not include a RCS.

FORMAT OF A REGIONAL CONTEXT STATEMENT:

North Okanagan jurisdictions can format their RCS in a manner that best suits their needs and the format of their OCP.

The Electoral Area Advisory Committee, at the March 7, 2013 regular meeting, passed the following

“That it be recommended to the Board of Directors that Option 2 (Detailed Analysis) as outlined in the staff report dated October 29, 2012 be adopted for each of the Electoral Areas for the Regional Context Statement process and approach.”

Option 2 includes the following:  For each of the 21 goals of the RGS, provide a paragraph overview of whether the OCP is consistent. The statement then specifically refers to applicable strategies and the strategic directions referenced within the Vision Statement;  Identify where the OCP is inconsistent and indicate how consistency will be achieved; and,  Indicate any components of the RGS which are not applicable to the Electoral Area. RCSs should acknowledge the RGS strategic directions as it is interpreted at the local level. They may be included as a chapter or as an appendix to an OCP.

The RCS Guidance Document, which can be made available upon request, has been prepared to provide a consistent RCS template, as well as some advice on additional elements, for consideration by each jurisdiction when developing a RCS. The overall intent of the guidelines is to provide clarity on the preparation and content of RCSs. The main sections of the RCS Guidance Document are:  Context and legislative authority for RCSs;  Overview of process for developing and amending RCSs;  Overview of concept of general consistency between RCSs and the RGS;  Guidance on mapping regional land use designations;  Guidance on interpreting RGS goals; and,  A RCS Template for consideration.

The RCS Guide has been designed to provide an overview of RCS legislative framework, development and adoption process and a template as a starting point for discussion when establishing a RCS workplan. It is anticipated that the Electoral Area “D” and “E” Directors may consider modifying the recommended RCS approach to meet local needs

PROPOSED WORKPLAN:

The development of a RCS for the Electoral Area “D” and “E” OCP will require approximately nine (9) months to complete, including the adoption of the OCP Amendment Bylaw. The Regional Growth Strategy Coordinator will undertake a thorough analysis of the OCP in relation to the RGS and summarize the finding to the Electoral Area Advisory Committee prior to the development of the initial draft RCS.

Page 56 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.5 Electoral Area "D" and "E" Official Community Plan Regional Context Statement Workplan Report to Electoral Area Advisory Committee – June 4, 2014 Page 3

To ensure that the RCS will be aligned with the RGS in a way that retains and reflects the unique attributes of the OCP, a period of review has been included that will involve Planning Department staff, the Electoral Area Advisory Committee and both the Electoral Areas’ Advisory Planning Commissions (APCs). Electoral Area “D” and “E” Directors may include additional public engagement opportunities that are in addition to the require Public Hearing, as specified within Section 890 of the Local Government Act. The Electoral Area “D” and “E” Directors could, as part of the OCP Bylaw Amendment [RCS] process, direct staff to include any outstanding housekeeping amendments, including updated population, employment or housing information, updating background information and/or undertaking identified revisions to policy sections.

For Electoral Areas, the goals, objectives and policies in an OCP must not be in conflict with the goals and policies of the RGS. Section 865(1) of the Local Government Act requires that: “All bylaws adopted by a regional district board after the board has adopted a regional growth strategy, and all services undertaken by a regional district after the board has adopted a regional growth strategy, must be consistent with the regional growth strategy”.

This means that an electoral area OCP, because it is adopted by bylaw, must be consistent with the RGS and a RCS is one mechanism that can be used to demonstrate that consistency. It is important to note that formal acceptance of an Electoral Area RCS is not required under Section 866 because the Board of Directors adopts an Electoral Area OCP Bylaw. The Regional District will be considering endorsement of Electoral Area RCSs prior to Bylaw adoption. The adoption of an Electoral Area OCP Bylaw Amendment [RCS] will follow the normal OCP adoption process, as specified in Section 882 of the Local Government Act.

The proposed RCS workplan, as represented in Table 1 below, outlines the tasks, target dates resulting deliverables. Figure 1 provides an overview of RCS development and OCP Amendment Bylaw adoption process.

Table 1: RCS Work Plan

Target Date Milestone Deliverables  Staff Report: EAAC Project Initiation, including Legislative Requirements, Project July 2014  BoD Recommendation, with potential Timelines and Public Consultation Activities amendments August 2014 Report # 1: OCP/RGS Consistency Analysis and Congruency Table  EAAC Report: RCS Recommendations  Draft RCS September 2014 EA “D” and “E” Directors Workshop #1: Draft RCS Review  Recommended RCS revisions Report #2: First draft of RCS Bylaw for review  Staff Report :EAAC October/November Referral to EA “D” and “E” APCs for comment  Draft OCP Amendment Bylaw [RCS] 2014 Optional: Public Open House/Information Session  Public consultation, communications and Optional: Draft RCS referral to RGMAC advertising (optional) Report #3: Second draft of RCS, request 1st Reading  Staff Report: EAAC December 2014 Refer bylaw to external agencies, including RDNO departments  Revised OCP Amendment Bylaw [RCS] (30 days for review)  Referral Letter nd  Staff Report: EAAC January 2015 Report # 4: Third draft of RCS, request 2 Reading  Revised OCP Amendment Bylaw [RCS]  Public Hearing Minutes Public Hearing February 2015  Staff Report: RAAC/RGMAC Refer bylaw to RDNO Board of Directors of endorsement  Board of Directors endorsement rd  Staff Report: EAAC March/April 2015 Report #5: Final draft of RCS, 3 Reading and Adoption  Adopted OCP Amendment Bylaw [RCS]

Page 57 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.5 Electoral Area "D" and "E" Official Community Plan Regional Context Statement Workplan Report to Electoral Area Advisory Committee – June 4, 2014 Page 4

Figure 1: RCS Development Process

July 2014

September 2014

October 2014

November 2014

December 2014/ January 2015

February 2015

March/April 2015

Page 58 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.5 Electoral Area "D" and "E" Official Community Plan Regional Context Statement Workplan Report to Electoral Area Advisory Committee – June 4, 2014 Page 5

CONSULTATION REQUIREMENTS:

Section 879 of the Local Government Act states that during amendment of an OCP, such as when developing and adopting a RCS, a jurisdiction must consider what opportunities will be provided for early consultation and with whom. The local government must: (a) consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing; and, (b) specifically consider whether consultation is required with: i. the board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan; ii. the board of any regional district that is adjacent to the area covered by the plan; iii. the council of any municipality that is adjacent to the area covered by the plan; iv. first nations; v. school district boards, greater boards and improvement district boards; and, vi. the Provincial and federal governments and their agencies.

The level of consultation on the development of RCSs, beyond what is required under Section 879, is at the discretion of the Board of Directors. Based upon the extensive public consultation that was undertaken during the development of the RGS and the Electoral Area “D” and “E” OCP Review, it is the opinion of staff that consultation requirements, as specified in Section 879, are the appropriate level of consultation for the preparation of a OCP Amendment Bylaw.

FINANCIAL/BUDGETARY CONSIDERATIONS:

The Electoral Area “D” and “E” OCP RCS development budget is based upon a similar scope of work program that other British Columbia jurisdictions have undertaken. The public consultation component consists of standard OCP referral requirements of Local Government Act Sections 879 and 881, one public information session (optional), one Electoral Area “D” and “E” Director workshop and a Public Hearing, as required by Section 890 of the Local Government Act.

The Gas Tax Regionally Significant Project budget for RCS development has allocated a maximum of $11,500 per OCP to be used for RCS development, based upon the assumption that in-house staff resources will be used. Based upon the proposed work program, the total budget for RCS development will be $11,500. No funds from Electoral Area Planning (030) are necessary to undertake the development of the RCS within the scope of the work program, as presented within this report.

SUMMARY:

This report presents a proposed process, including consultation, and a schedule for drafting and adopting a new Regional Context Statement for consideration which demonstrates consistency between the Regional Growth Strategy and the Electoral Area “D” and “E” Official Community Plan. This work will be completed by Regional District staff using the approved Regional Planning (031) budget of $11,500.

It is recommended that the Board of Directors endorse the Electoral Area “D” and “E” Official Community Plan Regional Context Statement Work Plan.

Page 59 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.5 Electoral Area "D" and "E" Official Community Plan Regional Context Statement Workplan Report to Electoral Area Advisory Committee - June 4, 2014 Page6

Submitted by:

ategy Coordinator Approved or Inclusion: ittel, RZ"' ~rowth s

Endorsed by: ~pp General Manager, Planning and Building

Page 60 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.6

REGIONAL DISTRICT of NORTH OKANAGAN REPORT

File No.: 3046.01.04

TO: Electoral Area Advisory Committee FROM: Sustainability Coordinator DATE: June 10, 2014 SUBJECT: Shuswap River Watershed Sustainability Plan Implementation

RECOMMENDATION:

That it be recommended to the Board of Directors that the implementation of the Shuswap River Watershed Sustainability Plan be undertaken with the priority strategies for 2014-2015 being:  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).  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).  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).  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); and further,

That Staff be directed to initiate the process to apply for boating regulations through Transport Canada on the Shuswap River; and further,

That Staff be directed to pursue the development of a Watershed Advisory Body for the Shuswap River including:  identifying potential representatives (advisory body composition);  drafting the terms of reference; and,  highlighting funding options / opportunities.

BACKGROUND/HISTORY:

The Regional District of North Okanagan (RDNO) coordinated the development of the Shuswap River Watershed Sustainability Plan (SRWSP), beginning in 2010. Three phases were outlined in the Terms of Reference:  Phase I – Visioning and Issue Identification  Phase II – Plan Development  Phase III – Implementation and Monitoring

Page 61 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.6 Shuswap River Watershed Sustainability Plan Implementation Report to EAAC – June 10 2014 Page 2

Phase I and II culminated with the RDNO Board of Directors endorsing the completed document on April 16, 2014. With the endorsement of the plan Phase III – Implementation and Monitoring can now begin.

IMPLEMENTATION

The SRWSP includes five goals, 19 objectives and a suite of 114 supporting strategies that require implementation. A range of organizations will need to be involved during implementation depending on jurisdiction, responsibilities and interests. Timing of implementation of the strategies will vary depending on resources, partnership opportunities and alignment with work programs.

As the lead organization in the development of the SRWSP, implementation ultimately lies with the RDNO. However, the RDNO will play a varied role in the implementation of individual strategies depending on their nature. This will include leading implementation activities, facilitating partnerships and encouraging other organizations to take direct action on implementation where appropriate.

Given the large number of strategies within the SRWSP, priorities for action in 2014-2015 needed to be identified. On May 22, 2014 a joint meeting of the members of the SRWSP working groups was held to identify priority actions. The discussions at this meeting were informed by the outputs of an earlier joint working group priority setting session held in November 2012 and public information meetings held in March 2013. At both of these events feedback was sought from attendees on what they considered to be the top priorities for action by way of “sticker voting”. Four priority strategies for 2014-2015 were agreed upon by the working group members.

2014-2015 PRIORITY SRWSP STRATEGIES

The priorities identified for implementation in 2014-2015 are the following four strategies:

1. Strategies 9.7, 10.1, 12.3, 13.3 and 15.3 (Boating Regulation)

For the purpose of:  reducing erosion of the river’s banks, protecting riparian areas and reducing disturbance to spawning salmon, nesting birds and other riparian/water-based wildlife...  improving non-motorised recreational opportunities...  resolving the current conflict on the Lower and Middle Shuswap River between the motorised boating community and local residents, and non-motorised recreation users...  establishing a non-motorised, water-based recreation area on the Lower and Middle Shuswap River...  increasing the safety of water-based recreation for users on the Lower and Middle Shuswap River in particular as it pertains to powered water craft on the faster moving waters above Trinity Valley Bridge (Baxter Bridge) and the heavily congested waters below...

….engage the community to pursue all available regulatory options to establish boating regulations as follows o No wake zone between Mara Lake and Trinity Valley Bridge (Baxter Bridge). o Non-motorised watercraft zone between Trinity Valley Bridge (Baxter Bridge) and Mabel Lake and from Mabel Lake to Shuswap Falls.

Page 62 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.6 Shuswap River Watershed Sustainability Plan Implementation Report to EAAC – June 10 2014 Page 3

Possible Options for establishing regulations in order of preference: 1. Request regulation from Transport Canada after completing prerequisite community consultation. 2. Ministry of Environment zoning regulation. If necessary, work with the BC Ministry of Environment to strengthen their legislation so that they have the power to protect water-based environments within BC. 3. Request regulation from B.C. Parks within the Shuswap River Islands and Skookumchuk Rapids Provincial Parks.

Include with this implementation action strategy 9.1 which promotes responsible boating, including initiation of an education program to explain why regulation of boating is necessary for environmental, social and safety reasons.

Pursuing boating regulations for the Shuswap River was by far the highest priority for action identified during the March 2013 public information meetings. It was also the highest priority identified by the Recreation working group.

Boating regulations are the responsibility of Transport Canada, and a detailed process exists for local governments to follow when seeking to establish regulations. The steps required during this process include:  Public consultation with all users, land owners, stakeholders, First Nations and the General Public.  Establishing and documenting why regulation is the only alternative.  Carrying out impact assessments and cost/benefit analysis of developing vessel restriction regulations.  Establishing that enforcement is practical, identifying the appropriate enforcement authority and ensuring such authority accepts responsibility for carrying-out enforcement.  Preparation of the submission.

2. Objective 18, Strategy 18.2

Improve consultation and community input on watershed management through the creation of an independent permanent Shuswap River Watershed Advisory Body to:  Oversee watershed health (cumulative impacts perspective),  Identify and lobby for change to address ongoing issues,  Act to create long term solutions (e.g. Enforcement and legislation changes),  Tracking of unresolved issues & evaluate responses (short falls).

Strategy 18.2 Develop terms of reference for a watershed advisory body which includes identifying a source of funding.

The formation of an Advisory Body for the Shuswap Watershed is considered vital for the successful implementation of the SRWSP by the working groups and RDNO staff. The development of the SRWSP was in response to community pressures and concerns and it is felt that having an entity independent of the RDNO to champion the goals and objectives will provide legitimacy and respect within the community and with agencies. This Advisory Body can also be a mechanism for implementation and ownership of the plan.

Page 63 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.6 Shuswap River Watershed Sustainability Plan Implementation Report to EAAC – June 10 2014 Page 4

3. Includes Strategies 16.1, 19.2, 19.3, 19.5, 19.6, 19.7

Develop a comprehensive education program that addresses and incorporates all the strategies that speak to education. Education was identified as a key activity throughout the plan development process and is reflected in the fact that one of the five goals in the SRWSP relates specifically to education and awareness. A large number of the strategies include or infer an education component and as a result discussions at the May 22, 2014 workshop centred on pulling all of these strategies together and working on their implementation in a coordinated manner.

4. Strategy 6.1

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 was included in the top four because it was identified as a high priority by the Land Use and Natural Environment working group, it is supported by existing information and provides an opportunity for on the ground, physical and achievable actions. It also provides a great opportunity for partnerships for implementation with land owners, community groups, government agencies and First Nations.

ADDITIONAL STRATEGIES OF NOTE

A number of additional strategies were identified during the May 22, 2014 meeting for action in conjunction with the priority list or flagged as key strategies that are already being addressed. These included the following:

Strategy 17.3 Explore funding of enforcement officers (RCMP, Conservation Officer, Bylaw Officer) who can be trained to enforce all acts. This service would be needed in peak season only (May long weekend to mid Sept). Activities will include looking at other models, meeting with all agencies, and exploring funding options for compliance & enforcement. RDNO already undertaking through the Electoral Area Advisory Committee

Strategy 12.1 Increase education and enforcement on the river with respect to responsible boating and recreational practices through increased capacity, evaluation of priorities and coordination of enforcement activities. Opportunities to coordinate with Strategy 17.3, the Safe Communities Program and River Ambassadors.

Strategy 2.5 Identify funding opportunities to mitigate and reduce agricultural impacts on the natural environment (e.g. removing corrals, fencing sensitive sites and providing off-stream watering areas).

Strategy 17.4 Develop a Watershed Watch program modeled on Block Watch to provide a network of community members to observe and report on violations Could be implemented through Safe Communities Program or added to comprehensive education program.

Page 64 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item E.6 Shuswap River Watershed Sustainability Plan Implementation Report to EAAC- June 10 2014 Page 5

SUMMARY:

The Shuswap River Watershed Sustainability Plan (SRWSP) was endorsed by the RDNO Board of Directors on April 13, 2014. As a result, Phase Ill of the process - Implementation and Monitoring can now begin. Given the extensive number of strategies within the SRWSP, priorities for implementation in 2014-2015 needed to be identified. A priority list of four key strategies has been compiled. The priorities for 2014-2015 were selected based on feedback from both staff and working group members, as well as feedback from public information sessions held in March 2013 and general working group discussions. This list, along with the additional strategies of note, will form the basis of the RDNO SRWSP implementation work program for 2014-2015, if approved by the Board of Directors.

Submitted by:

.- zit?k - Anna Page, Sustainability Coordinator

Endorsed by:

~Rob atles~?:>, MCIP, RPP General Manager, Planning and Building

Page 65 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item G.1a

REGIONAL DISTRICT OF NORTH OKANAGAN

MINUTES of a REGULAR meeting of the ELECTORAL AREA “D” ADVISORY PLANNING COMMISSION of the REGIONAL DISTRICT OF NORTH OKANAGAN held at the Whitevalley Community Centre on Tuesday, June 24, 2014

Members: Butch Mindnich Chair Dennis Richardson Vice Chair Joe Deuling Dave Sparks Melanie Wenzoski

Staff: Jennifer deGroot Executive Assistant (Temp.) (taking minutes)

Other: Rick Fairbairn Electoral Area “D” Director

CALL MEETING TO ORDER

The meeting was called to order at 7:02 p.m.

ADOPTION OF MINUTES

Advisory Planning Commission Electoral Area “D” – Regular Meeting of May 27, 2014

Moved and seconded by Melanie Wenzoski and Dave Sparks That the minutes of the May 27, 2014 regular meeting of the Advisory Planning Commission Electoral Area “D” be adopted as circulated. CARRIED

NEW BUSINESS

Development Variance Permit Application J. & B. Hockey

The Commission reviewed the application and noted their agreement with supporting the proposed variances.

Moved and Seconded by Dennis Richardson and Melanie Wenzoski That the Advisory Planning Commission Electoral Area “D” support the recommendations contained in the Planning Department Information Report dated June 2, 2014, that upon consideration of input from adjacent land owners, a Development Variance Permit be issued for the property legally described as Lot 1, DL 1172, ODYD, Plan KAP76362 and located at 1329 Trinity Valley Road, Electoral Area “D” to permit a variance to Sections 1101.2.e.iii and 1101.2.f of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by waiving the requirement to pave and curb an industrial parking area subject to: 1. the dimensions and siting of the parking area on the land being in general accordance with the site plan attached to the Planning Department report dated June 2, 2014; and

Page 66 of 69 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item G.1a APC “D” MINUTES – Regular - 2 - June 24, 2014

2. the parking area being sufficiently gravelled and treated to suppress dust, graded to provide an even surface, drained so that no surface water accumulates on the property or runs off onto neighbouring properties and kept free of weeds. CARRIED

Subdivision Application [For Information Only] C. Hazeldine

The Commission reviewed and accepted the application for information.

Role of the Commission

Moved and Seconded by Joe Deuling and Melanie Wenzoski The Commission requested an information session with the General Manager, Planning and Building to review their role and responsibilities. CARRIED

The members will forward their questions to the Recording Secretary in advance.

Next Meeting

The next meeting is July 29, 2014.

ADJOURNMENT

There being no further business, the meeting was adjourned at 7:42 p.m.

Certified Correct:

Chair Recording Secretary

Page 67 of 69 Regional District of North Okanagan Building Inspections Statistical Report for May 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 2 $65,000 11 $275,000 33 $958,000 0$0 022 $632,000

Residential YTD3 8 $702,000 311 $948,880 512 $2,272,300 0 1 $15,000 89 $1,803,000

Commercial0$ 0 00$0 00$0 00$0 00$0 0

Commercial YTD0$ 0 00$0 00$0 00 1 $80,000 0$0 0

Industrial0$ 0 00$0 00$0 00$0 00$0 0 ELECTORAL AREAADVISORYCOMMITTEE - REGULARAGENDA Industrial YTD0$ 0 00$0 00$0 00$0 00$0 0

Public0$ 0 00$0 00$0 00$0 00$0 0 Page Public YTD0$ 1 6000$0 00$0 00$0 00$0 0

Agricultural0$ 0 00$0 00$0 00$0 001 $700,000 68

Agricultural YTD0$ 0 002 $232,000 0 1 $45,000 0$0 002 $908,000 of

69 Ttls for Month0 2 $65,000 11 $275,000 33 $958,000 0$0 023 $1,332,000

Same Month Prev Yr0 7 $102,100 05 $163,000 1 1 $42,000 11 $150,000 39 $697,000

Yr to Date3 9 $702,600 313 $1,180,880 513 $2,317,300 0 2 $95,000 811 $2,711,000

Last Yr to Date0 12 $534,600 211 $863,000 37 $506,800 23 $313,000 514 $1,265,000

Totals for all Areas: Units Permits Value July 3,2014-ItemG.2a Building Permits Report Page 1 of 1 Year To Date19 48 $7,006,780.00 Printed: 6/10/2014 Last Year To Date12 47 $3,482,400.00 Regional District of North Okanagan Building Inspections Statistical Report for May 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:

Residential6 8 $1,930,000 16 $407,000 0$1 4,0000$0 049 $1,260,085

Residential YTD19 41 $5,741,180 513 $1,542,000 14 $486,000 45 $873,500 716 $2,353,665

Commercial0$ 0 001 $125,000 0$0 00 1 $17,500 0$0 0

Commercial YTD0 1 $80,000 02 $152,000 0$0 00 2 $17,570 0$0 0

Industrial0$ 0 00$0 00$0 00$0 00$0 0 ELECTORAL AREAADVISORYCOMMITTEE - REGULARAGENDA Industrial YTD0$ 0 00$0 00$0 00$0 00$0 0

Public0$ 0 00$0 00$0 00$0 00$0 0 Page Public YTD0$ 1 6000$0 00$0 00$0 00$0 0

Agricultural0 1 $700,000 0$0 00$0 00$0 00$0 0 69

Agricultural YTD0 5 $1,185,000 0$0 00$0 00$0 003 $110,400 of

69 Ttls for Month6 9 $2,630,000 17 $532,000 0$1 4,0000 1 $17,500 49 $1,260,085

Same Month Prev Yr5 23 $1,154,100 04 $434,500 0 2 $10,000 02 $175,000 0 5 $84,000

Yr to Date19 48 $7,006,780 515 $1,694,000 14 $486,000 47 $891,070 719 $2,464,065

Last Yr to Date12 47 $3,482,400 010 $583,850 09 $303,600 26 $601,000 924 $6,047,600

Totals for all Areas: Units Permits Value July 3,2014-ItemG.2b Building Permits Report Page 1 of 1 Year To Date36 93 $12,541,915.00 Printed: 6/10/2014 Last Year To Date23 96 $11,018,450.00 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item C.1b

SPEED WATCH MONTHLY REPORT FOR June 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 1 82 0 Vernon Christian school B Pottery Road, 1 107 0 Hillview school B Silver Star Rd, BX school C 1 305 0 East Vernon Road C 1 42 0 Mabel Lake Road, near JW 1 89 0 Inglis Elementary. Lumby D Cherryville North Fork Road, 0 0 0 near Elementary school. E Highway 6E, near Franks 1 57 0 store, Cherryville E Highway 97N, Mara, near 0 0 0 Putula Recreation park. F Mabel Lake Road, near Ashton 0 0 0 Creek store,Rural Enderby F Grindrod, Highway 97S F 1 67 0 Mabel Lake Road, Kingfisher F 0 0 0 Grindrod 4th School zone F 0 0 0

7 749 0 TOTALS

7 0 Total visibility hours # of Warning Letters issued

1.0 0 Total admin hours # of Active Volunteers

8 0 TOTAL HOURS # of Seat Belt Surveys

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

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item C.1a

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

Report to the Regional District North Okanagan Board of Directors

Date: June 30th 2014

• Coordinator attended Conservation Service office in Vernon and met with Inspector Barbra Leslie, Sgt Josh Lockwood and other staff members to discuss ways of reducing Wildlife and Human interactions in the RDNO communities. • Coordinator attended at Silver Star Mountain Resort with Conservation Service and delivered a Wild Safe talk to the Mountain bike summer staff with C.O. • Coordinator attended and spoke with BC Provincial Parks staff regarding introduction of ICBC Lockout Auto Crime signs in recreational parking areas throughout the 5 Electoral RDNO areas. • 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. • Coordinator liaising with possible Captains for 3 new Block Watch programs. • ICBC Speed reader board being used daily in the RDNO 5 Electoral areas • Coordinator gets daily crime updates from reading 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 around 400 households. • Regular emails sent and contact with RCMP 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 13 days in June • Coordinator has taken 3 vacation days off in June. • Coordinator has taken 2 sick days off in June. • Coordinator has taken 2 compressed working week Fridays off in June.

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item C.1a

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

• Coordinator has met with the 3 New Captains of the new Block Watch programs in BX Road, Pleasant Valley Road and Kalamalka Lakeview Drive. • Attended 2 Pleasant Valley Road homes and advised owners re: Home Security • Visited businesses and gave Robbery Prevention / Credit card Fraud advice. • Attended Cosens Bay parking area and spoke to motorists, Lockout Auto crime • Attended Kalamalka Lake parking area regarding Lockout Auto crime signage. • Coordinator met with Block Watch Captain, Hartnell Rd to discuss recent issues. • Visited BX hiking recreational car parks regarding ICBC Lockout Auto crime sign • Attended BX Dog Park, spoke to motorists regarding Lockout Auto crime. • Attended Keddlestone Road/ Wilson Jackson/Deer Park area and conducted a Block Watch talk to increase membership in the area. • Speed Watch program performed on 1 occasion on Pottery Road in June in Hillview Elementary school zone times. • Speed Watch program performed on 1 occasion on Silver Star Road in June in BX Elementary school zone times. • Speed Watch performed on1 occasion on East Vernon Road in June • Speed Watch program performed on 1 occasion in June on Pleasant Valley Rd near Vernon Christian School during school zone time. • Maintaining regular contact with the 9 Block Watch programs in the area, which gives Coordinator access to over 210 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, • Coordinator attended Cherryville local businesses and advised on Robbery Prevention / Credit card Fraud program to staff. • Attended Shuswap Falls BC Hydro Recreation car park, Mabel Lake Rd and spoke with motorists regarding Lockout Auto crime and location of signs. • Attended Shuswap River BC Hydro Picnic car park, Cherryville and spoke to motorists regarding Lockout Auto crime and location of signs. • Coordinator attended Parent & Tot group at Cherryville Community Hall and met with Coordinator regarding Crime Prevention / Community Safety talks. • Attended Cherryville school met with Principle/Staff to discuss future programs • ICBC Speed Watch program performed on 1 occasion on the Mabel Lake Road, Rural Lumby near JW Inglis School during school zone in June • Speed Watch program performed on 1 occasion in June on Highway 6 Westbound, near to Frank’s store in Cherryville. • 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 18 households / family members • Coordinator visits area 1 day a week, split into 2 morning/afternoon periods. ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item C.1a

RDNO Area F (Enderby Rural)

• Attended locations in Area F for Shuswap River Watch reporting forms distribution • Attended Grindrod Store and advised regarding Crime Prevention. • Attended Mara home and advised owner re: Home Security • Stolen Boat Lists posted at Mara and Mabel Lake boat launches. • Met with Grindrod Recreation Committee members regarding vehicle access issues/criminal activities in Grindrod park. • Coordinator visited Block Watch resident in Grandview Bench regarding noise issues in the surrounding area. • Coordinator met with members in Grindrod/Mara regarding River Watch program • Coordinator visited local businesses in Area F regarding Robbery Prevention. • Coordinator attended Mabel Lake Resort and Rivermouth Marina regarding parking issues and ICBC Lockout auto crime signage. • Met with the Block Watch Captain in Mara regarding community concerns. • Visited Enderby Cliffs parking area regarding future Lockout auto crime signage • Speed Watch program performed on 1 occasion in Grindrod during June 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. • Visited Mara residents regarding recent ATV incidents on their private property. • Met with Block Watch Captain in Mara to discuss community concerns/railway line. • Maintaining regular contact with the 6 Block Watch programs in area which gives the Coordinator access to over 165 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 this June Coordinators monthly report and the June 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 Safe Communities Unit Office 250 550 7845 or Cell 250 938 2260 ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Late Item E.7

Regional District of Central Kootenay

Box 590, 202 Lakeside Drive, Nelson, BC V1L SR4 Web: www.rdck.ca Telephone (250) 352-6665 Email: [email protected] BC Toll Free 1-800-268-7325 Fax: (250) 352-9300

ROCK File: 0230-05-10-2014

Converted to Word to facilitate comments: RB comments in red

June 23, 2014

Regional Districts

By email

Dear Chairs and Boards of our fellow British Columbia regional districts:

RE: Proposed Resolutions for the 2014 UBCM Convention

At its meeting on June 19, 2014, the Board of the Regional District of Central Kootenay resolved to send three resolutions to UBCM for debate at the 2014 Convention.

The RDCK is hoping that you will support these resolutions, as we believe that are of importance to all of our regions and residents. Two of them deal with emergency management; they arose from the RDCK's experience with the tragic landslide at Johnson's Landing and its after-effects. The last resolution speaks to how the Union of British Columbia Municipalities processes resolutions.

348/14 Whereas sections 7 and 8 of the Emergency Program Act grant the Minister, and the pertinent local authority, the power to act (such power to act is limited to implementing the local emergency plan – excluding that reference may be taken to imply broader powers than exist) where an emergency is "imminent" or "threatens" and section 10 grants the Minister the power to act "to prevent", and 10(k) specifically grants the power to "construct works … to prevent an emergency or disaster” (NOTE: such power to construct works requires a declaration of a state of local emergency so has limited value, for example if the intent was to construct works in advance of an emergency to eliminate/ mitigate known hazards) ;

And Whereas a local authority has the same powers as those granted to the Minister in accordance with section 13(1)(c); such powers are subject to a declaration of state of local emergency and only then, if authorized in writing.

Be It Resolved that UBCM ask the said Minister to authorize payment of up to fifty percent (50%) of the cost to ••construct works•• approved ••to prevent• ••imminent" and/or threats of "disasters.•• Unclear – is the request that the Local Authority be authorized to: 1. Construct works in advance of emergencies for which up to 50% may be paid by the Formatted: List Paragraph, Numbered + Minister, with the remaining 50% covered by other sources including Local Authority? Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 2.07" + 2. Currently under an emergency deemed to exist by the Local Authority, but for which a Indent at: 2.32" declaration of local emergency need not be made, funding of 100% is available from EMBC for works to protect life safety and protect primary structures. 3. Are we saying that receiving up to 50% of that funding is good enough? When we ask for up to 50% are we prepared to fund the difference if only 10% funding is provided by the Province? Formatted: Font: (Default) Arial, 9.5 pt ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Late Item E.7

349/14 Whereas sections 20(1) and (2) of the Emergency Program Act specifically state that:

The Lieutenant Governor in Council may, by regulation, establish criteria by which the eligibility of a person to receive disaster financial assistance is to be determined.

The Lieutenant Governor in Council or the minister may provide disaster financial assistance in accordance with the regulations to persons who suffer loss as a result of a disaster;

Be It Resolved that UBCM ask the Lieutenant Governor in Council to create a disaster relief fund open to all property owners,, when such disaster is as a result of natural and/or non human causes;

And Be It Further Resolved that UBCM ask the Lieutenant Governor in Council to create a disaster relief fund, such that it will collect a fee of 10 cents per $1,000 per annum from each property owner.

Not clear on what is being requested: 1. More liberal access to disaster relief funds? Formatted: List Paragraph, Numbered + 2. Changes to eligibility rules? Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 2.04" + 3. Standing fund accessible anytime there is a loss due to disaster rather than having to Indent at: 2.29" first have the disaster qualified for assistance? 4. Is the 10 cents per $1000 applicable to bare land or just improvements? 5. Asking the Provincial Government to establish a new tax may be a first – is it intended to displace historical funding sources for disaster relief? Formatted: Indent: Left: 1.79", First line: 0"

Page 1of 2

MUNICIPALITIES: Cities: Castlega r, Nelson Town: Creston Villages: Kaslo, Nakusp, New Denver, Salmo, Silverton and Slocan ELECfORAL AREAS: • A-Wynndei/East Shore Kootenay Lake •B •C •D •E •F •G •H-The Slocan Valley •I•J-Lower Arrow/Columbia •K-The Arrow Lakes ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Late Item E.7

350/14 WHEREAS it is nearly impossible for UBCM to set priorities and many resolutions are not appropriately dealt with each year due to the great number of resolutions; OK

AND WHEREAS it may take up to a yea r to have a resolution dealt with;

THEREFORE BE IT RESOLVED that UBCM adopt a form of FCM's policy for handling resolutions, as follows:

1. Resolutions that are in line with existing policy are dealt with and forwarded as they are received, with the sponsor notified.

2. Resolutions that need quick action are dealt with by staff and executive when received if they are non-contentious.

3. Resolutions that create new policy and/or resolutions that the sponsor specifically requests debate on are forwarded to the AGM.

4. Results of how each resolution is being dealt will reported out in The Compass.

We hope that you will support the ROCK when these resolutions hit the floor at Convention. On behalf of the RDCK, thank you for your support.

I look forward to seeing you in Whistler in September. aSintcerLely, John R. Kettle Chair

Page 2 of 2

MUNICIPALITIES: Cities: Castlegar, Nelson Town:Creston Villages: Kaslo, Na kusp, New Denver, Salmo, Silverton and Slocan J ,.... ELECTORAL AREAS: • A-Wynndei/East Shore Kootenay Lake •B •C •D •E •F •G •H-The Slocan Valley •I•J-Lower Arrow/Columbia •K-The Arrow Lakes ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item G.1a

REGIONAL DISTRICT OF NORTH OKANAGAN

MINUTES of a REGULAR meeting of the ELECTORAL AREA “C” ADVISORY PLANNING COMMISSION of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Wednesday, June 25, 2014

Members: Paul Williamson Chair Randy McDermid Vice Chair Cliff Day Ray Ivey

Staff: Colleen Reardon Planning Clerk (Temp.) (taking minutes)

Other: Mike Macnabb Director, Electoral Area “C” Members of the Public

CALL MEETING TO ORDER

Chair Williamson called the meeting to order at 7:02 p.m.

ADOPTION OF MINUTES

Advisory Planning Commission Electoral Area “C” – Regular Meeting of April 30, 2014

It was moved and seconded by Cliff Day and Randy McDermid That the minutes of the April 30, 2014 regular meeting of the Advisory Planning Commission Electoral Area “C” be adopted as circulated. CARRIED

NEW BUSINESS

Agricultural Land Commission Application Klayton Mertion [File No. 14-0168-C-ALR]

Ed Mertion and Klayton Mertion spoke in favour of their application noting the following:  the measures they have implemented for dust control, equipment they have purchased, and other improvements such as on site water and paved asphalt entrance;  crushing would not be permanent use; and,  the reclamation plan to replace all top soil on site to improve the agricultural potential of the property or to build a home on.

Discussion ensued regarding the following:  the agrologist’s report;  how this application is different from the previous application;  concerns regarding screening and crushing and noise;  concerns regarding the adjacent riparian area;

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item G.1a APC “C” Minutes – Regular - 2 - June 25, 2014

 concerns which have been expressed by the adjacent land owners and persons in the community;  questions regarding process and the jurisdiction of approval;  questions regarding the conditions of the Ministry of Mines, the 5 year permit length and if the permit can be extended;  questions regarding the role of the Ministry of Transportation and Infrastructure and access permits; and,  concerns regarding the Ministry of Mines approval process and if they will require a Public Hearing.

It was moved and seconded by Randy McDermid and Cliff Day That the Advisory Planning Commission Electoral Area “C” support the recommendations contained in the Planning Department Report dated June 17, 2014, that the application of Klayton Mertion under Section 20(3) of the Agricultural Land Commission Act for a non-farm use (removal of 52,800 m3 of gravel) on the properties legally described as Lot 96, Sec 7, Twp 5, ODYD, Plan 352 AND Lot 111, Sec 7, Twp 5, ODYD, Plan 352, Except Parcels A and B shown on Plan A163 and located at 5801 Brentwood Road, Electoral Area “C” be authorized for submission to the Agricultural Land Commission; and further,

Development Variance Permit Application Grace Bible Church of Vernon c/o Don Gibbs. [File No. 14-0150-C-DVP]

Mr. Don Gibbs spoke in favor of his request noting the following:  parking requirements compared with other jurisdictions;  concerns regarding conditions of the City of Vernon; and,  the church’s overflow parking procedures.

Discussion ensued regarding the parking requirements compared to other jurisdictions.

It was moved and seconded by Cliff Day and Randy McDermid That the Advisory Planning Commission Electoral Area “C” support the recommendations contained in the Planning Department Report dated June 18, 2014, that an exemption to Section 1101.3 of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 a Development Variance Permit be issued for the property legally described as Lot 42, Sec 12, Twp 8, ODYD, Plan 780 and located at 5661 Silver Star Road Electoral Area ‘C”; by reducing the required number of parking spaces for the proposed 544 seat church and 1,564.9 m2 church hall area from 492 spaces to 170 spaces as shown on the site plan attached to and forming part of Planning Department Information Report dated June 18, 2014. CARRIED

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item G.1a APC “C” Minutes – Regular - 3 - June 25, 2014

Liquor License Application [Food Primary Entertainment Endorsement] Mountain Katz c/o T. McVinish [File No. 14-0170-CSS-LIQ]

Tim McVinish and Scott Kielly spoke in favor of their application.

Discussion ensured regarding the Commission’s support for the application and the new liquor laws and their effects on the ski industry.

It was moved and seconded by Randy McDermid and Cliff Day That the Advisory Planning Commission Electoral Area “C” support the recommendations contained in the Planning Department Report dated June 17, 2014, that the application to amend the Food Primary Liquor Licence of 0981917 BC Ltd. (dba Mountain Katz Restaurant) on the property legally described as Lot B, District Lot 1355, ODYD, Plan KAP70786 and located at 148 Silver Lode Lane, Electoral Area 'C' by adding a patron participation entertainment endorsement as: 1. the potential for noise would not likely increase beyond current levels; 2. the community would not be impacted as: the indoor seating capacity is not proposed to increase; Mountain Katz Restaurant is within the commercial core of the resort community of Silver Star Mountain and is surrounded by similar commercial operations where current land use regulations have been implemented to adequately regulate these commercial operations; and there are no nearby residents that would be affected; 3. the amendment is not likely to result in the establishment being operated in a manner that is contrary to its primary purpose as the proposed entertainment does not require customers to shift their focus away from the service of food; and further

That the Board of Directors advise the Liquor Control and Licensing Branch that the views of the residents were not gathered as the Board deemed the potential for noise would not likely increase and residents in the surrounding community would not be impacted as they are not in close proximity to Mountain Katz Restaurant. CARRIED

Next Meeting

The next meeting is scheduled for July 30, 2014.

ADJOURNMENT

There being no further business, the meeting was adjourned at 7:54 p.m.

Certified Correct:

Chair Recording Secretary

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Additional Item E.4 BUTCHER BOYS FOOD MARKET Butcher Boys Enterprises Ltd.

"Locally owned and proud to be your community food market"

4803 Pleasant Valley Road, Vernon, B.C. V1 B 3L7 Phone (250) 542-2968 • Fax (250) 549-2964 www.butcherboys.ca

June 20, 2014

Mr. Bob Fleming, Director, Regional District of North Okanagan D/STFl/CT OF NOHTH 01<1'./~AGAr~ 9848 Aberdeen Road

Coldstream, BC

VlB 2K9

Dear Bob,

The purpose of this letter is to advise you that we have decided to drop our objections to being absorbed into the city's boundary. There are still positives and negatives in our minds on the issue, but the final deciding factor was our feeling that we should connect to the city's sewer system. Because we are currently renovating and having to upgrade our disposal system, we see this as the best route to take. Our conversations with others have led us to believe that connection to the city system in the next few years is ultimately unavoidable.

We wish to extend to you our sincerest gratitude for you highly valued assistance and concern over the past few months.

Very truly yours,

•.

Laura and Paul Guidi,

Owners ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item C.1b

SPEED WATCH MONTHLY REPORT FOR June 2014

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

7 749 0 TOTALS

7 0 Total visibility hours # of Warning Letters issued

1.0 0 Total admin hours # of Active Volunteers

8 0 TOTAL HOURS # of Seat Belt Surveys

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

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item C.1a

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

Report to the Regional District North Okanagan Board of Directors

Date: June 30th 2014

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Item C.1a

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

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

RDNO Area F (Enderby Rural)

I submit this June Coordinators monthly report and the June Speed Watch monthly report for your information and consideration,

Kind regards,

Roy Morgan.

REGIONAL DISTRICT OF NORTH OKANAGAN

MINUTES of a REGULAR meeting of the ELECTORAL AREA ‘F’ ADVISORY PLANNING COMMISSION of the REGIONAL DISTRICT OF NORTH OKANAGAN held at the Enderby Fire Hall on Monday, May 26, 2014.

Members: C. Dale Fennell Keith Gray Bob Honeyman Tilman Ernest Nahm Robert Whitley Bernie Moubray

Other: Jackie Pearase, Electoral Area “F” Director Monica Nahm, Recording Secretary (taking minutes)

CALL MEETING TO ORDER

The Chair called the meeting to order at 7:01 p.m.

ADOPTION OF MINUTES

Advisory Planning Commission Electoral Area “F” – Regular Meeting of April 28, 2014.

Moved and seconded by Dale Fennell and Bob Honeyman That the minutes of the April 28, 2014 regular meeting of the Advisory Planning Commission Electoral Area “F” be adopted as circulated with the following friendly amendments: • Page 2 Change the word “I” to Robert Whitley sees that as adding to the problem, and change the word “I” to Robert Whitley understand that it is a public Road. • Page 3 change the word “me” to what concerns Dale Fennell are how it might affect downstream and the potential for flooding in Ashton Creek. • Page 3 change the word range minister to range officer. CARRIED

NEW BUSINESS

Agricultural Land Commission {for Information Only} A. Hatfield and D. Richards File No. 14-0095-F-ALR

Discussion ensued including the following: • Keith Gray stated this information shows that the subdivision is allowed to go through. • Dale Fennell said that the APC had looked at this application before and it made sense then and it still makes sense. • Robert Whitley said he objected to it previously but he would like to change his objection. His objection was made on the grounds of another decision made in Mara, a similar sort of situation but it was reversed and his objection no longer stands. • Keith Gray said there was a strip of land out of the ALR, it was good pasture. They have ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Late Item G.1c APC “F” Minutes – Regular - 2 - May 26, 2014

included this in the ALR and that allowed them to subdivide.

Referral Application Baird Bros Ltd. c/o Ministry of Energy and Mines File No. 14-0139-F-REF

Discussion ensued including the following: • Bernie Moubray questioned why this is happening now as they have been in business and doing this for many years? • Bob Honeyman noted that this permit was from 2014 – 2060. Looks like they are legalizing their ability to extract material for the next 50 years. • Tilman Nahm surmised that they did not have the proper permits in place and they are just tying up some loose ends.

ADJOURNMENT

There being no further business, the meeting was adjourned at 7:17 p.m.

Certified Correct:

Chair Recording Secretary

ELECTORAL AREA ADVISORY COMMITTEE - REGULAR AGENDA July 3, 2014 - Late Item E.7