THE CORPORATION OF THE DISTRICT OF COLDSTREAM

Transcription

1 THE CORPORATION OF THE DISTRICT OF COLDSTREAM Minutes of the Economic Development Advisory Committee Meetin; of the District of Coldstream held Monday, February 15, 2010 in the Municipal Hall Council Chambers 9901 Kalamalka Road, Coldstream, BC CALL TO ORDER: PRESENT: ABSENT: ALSO PRESENT: The Director of Financial Administration called the meeting to order at 7:00 pm Councillor Enns R. Baker G. Maguire J. Pearson P. Rutten Councillor Cochrane J. Cookson T. Seibel, Director of Financial Administration K. Austin, Recording Secretary Councillor Tiesso * ELECTION OF COMMITTEE Cl [AIR Moved by Pearson, seconded by Maguire, THAT Councillor Kims be elected as Chair of the Economic Development Advisory Commillcc for the year No. ECD CARRIED 2. APPROVAL OF AGENDA Moved by Rutten, seconded by Pearson, THAT the agenda for the meeting of the Economic Development Advisory Committee be adopted as circulated. No. ECD CARRIED

2 Minutes of a meeting of the Economic Development Advisory Committee March 15, 2010 Page 2 3- ADOPTION OF MINUTES a. Adoption of the Minutes of a meeting of the Economic Development Advisory Committee, held February 15, 2010 Moved by Baker, seconded by Rutten, THAT the minutes of a meeting of the Economic Development Advisory Committee, held February 15,2010, be adopted as circulated. No. ECD CARRIED 4. ITEMS FOR DISCUSSION a. Central Coldstream Update Report from the Director of Financial Administration, dated March 10, 2010 Moved by Pearson, seconded by linker, THAT the report from the Director of Financial Administration, dated March 10, 2010 regarding Central Coldstream Update, be received; AND THAT the Committee endorses option #2 as proposed in the report from the Director of Financial Administration, dated March 10, No. ECD CARRIED 5. ADJOURNMENT Moved by Rutten, seconded by Pearson, THAT the meeting of the Economic Development Advisory Committee, held Monday, March 15,2010, be adjourned. No. ECD CARRIED The meeting of the Economic Development Advisory Committee adjourned at 8:32 pm. CERTIFIED CORRECT Recording Secretary Chair 2

3 THE CORPORATION OF THE DISTRICT OF COLDSTREAM Minutes of the Technical Advisory Committee Meeting of the District of Coldstream held Monday, March 15,2010 in the Municipal Hall Council Chambers 9901 Kalamalka Road, Coldstream, BC CALL TO ORDER: PRESENT: ABSETN: ALSO PRESENT: Acting Mayor Besso called the meeting to order at 4:35 pm Councillors Besso, Enns, Finnan, Kiss Mayor Garlick, Councillors Cochrane and Dirk A. Dean, Director of Engineering Services K. Austin, Recording Secretary 1 person in the Gallery 1. APPROVAL OF AGENDA Moved by Kiss, seconded by Firman, THAT the agenda for the meeting of the Technical Advisoiy Committee be approved with the following additions: 4.a. 4.b. City of Vernon - Application for Judicial Review re: Arbitrator's Ruling on Jurisdiction Randy SchcIIcnberg's Presentation, "Killing Kalamalka" No. T1<X CARRIED 2. ADOPTION 01? MINUTES a. Minutes^! the Technical Advisory Committee Melting field February 15,2010 Moved by Firman, seconded by Kiss, THAT the minutes of the Technical Advisory Committee meeting, held February 15, 2010, be adopted as circulated. No. TEC CARRIED

4 Minutes of the Technical Advisory Committee Meeting March 15, 2010 Page 2 3. ITEMS FOR DISCUSSION a. Westkal Road Concerns Report from the Director of Engineering Services, dated March 11, 2010 Moved by Kiss, seconded by Enns, THAT the March 11,2010 Report from the Director of Engineering Services re: "Westkal Road Concerns" be received; AND THAT the Technical Committee recommends to Council that the District send a correspondence substantially as shown in Attachmetit 3 to the residents who petitioned; AND FURTHER THAT the Technical Commit Civ iv com mends to Council that the District: replace the faded "No Parking" signs located in the south portion of this road; put a sign by the boat launch stating "No Overnight Parking" to discourage late night particrs; put a "No Trespassing" sign by the path to the rail; and give consideration to removing parking on this section of Westkal Road. Moved by Enns, seconded l>> Iti-ssn, THAT the motion be amended as follows: To the second paragraph, after the word "petitioned", add "/«addition to sending a copy of the petition and the District's letter to the petitioners to the Regional District of North Okanagan, CN Railway andkpr Railway" In the third paragraph delete the third bullet point. AMENDMENT CARRIED No. TEC MAIN MOTION AS AMENDED CARRIED Moved by Enns, seconded by Besso, THAT the draft letter, shown in the report from the Director of Engineering Services dated March 11,2010 as Attachment 3, be amended to removed the third bullet point in paragraph two and to delete paragraph seven and replace it with the following:

5 Minutes of the Technical Advisory Committee Meeting March 15, 2010 Page 3 "At the time of specific incidences such as loud, obnoxious or indecent behaviour, residents should call the police. In addition, Coldstream will request an increased police presence on this road during the months of July and August." No. TEC CARRIED b. Agricultural Water Allocations Report from the Director of Engineering Services, dated March 11, 2010 Moved by Kiss, seconded by Enns, THAT the report from the Director of Engineering Services, dated March 11, 2010, regarding Agricultural Water Allocations, be received for information. No. TEC CARRIED 4. NEW BUSINESS a. City of Vernon - Application for Judicial Review re: Arbitrator's Ruling on Jurisdiction Moved by Firman, seconded by Kiss, THAT the Technical Advisory Committee recommends to Council that once the District of Coldstrcani has received confirmation that the City of Vernon has filed an Application for Judicial Review with respect to the Arbitrator's ruling on jurisdiction, that the District of Coldstream advise the City of Vernon, Regional District of North Okanagan and Areas H and C that the District will not participate in further discussions with respect to Water Devolution. Before the question was called it was, Moved by ECnns, seconded by Kiss, THAT the motion be postponed until such time that the District of Coldstream has received confirmation that the City of Vernon has formally applied for a Judicial Review of the Arbitrator's ruling. No. TEC CARRIED 5

6 Minutes of the Technical Advisory Committee Meeting March 15, 2010 Page 4 b. Randy Schellenberg's Presentation, "Killing Kalamalka" Moved by Firman, seconded by Kiss, THAT the Technical Advisory Committee recommends to Council that Randy Schellenberg be invited to a future meeting of Council as a delegation to provide Council with his presentation, "Killing Kalamalka Lake". No. TEC CARRIED 5. ADJOURNMENT Moved by Enns, seconded by Besso, THAT the meeting of the Technical Advisory Committee, held Monday, March 15, 2010, be adjourned. No. TEC CARRIED The meeting of the Technical Advisory Committee adjourned at 5:55 pni. CERTIFIED CORRECT Recording Secretary Chair 6

7 THE CORPORATION OF THE DISTRICT OF COLDSTREAM Minutes of the Agriculture Advisory Committee Meeting held Tuesday, March 9, 2010 in the Municipal Hall Council Chambers 9901 Kalamalka Road, Coldstream, BC CALL TO ORDER: PRESENT: ABSENT: ALSO PRESENT: The Chair called the meeting to order at 7:00 pm. Councillor Besso, Chair C. Brown Councillor Firman A. Gawne J. Kidston B. Marks L. Philp P. Pretty M. Skobalkski K. Murphy, Ministry of Agriculture- P. Christie C. Broderick, Director of Development Services M. Stamhuis, Chief Administrative Officer T. Seibel, Director of Financial Administration K. Austin, Recording Secretary No Media 2 people in the Gallery 1. APPROVAL OF AGENDA Moved by Brown, seconded by Pretty, THAT the^agenda for the meeting of the Agriculture Advisory Committee, be approved with the following addition: 4.a. Kin Race Track- Committee Recommendation to Council No. AAC CARRIED Chair Besso welcomed newly appointed Agriculture Advisory Committee members Mr. Albert Gawne and Mr. Philip Pretty.

8 Agriculture Advisory Committee Meeting Minutes Page 2 March 9, APPROVAL OF MINUTES a. Adoption of the Minutes from the Agriculture Advisory Committee, held Tuesday. February 9, 2010 Moved by Kidslon, seconded by Skobalski, THAT the minutes from a meeting of the Agriculture Advisory Committee, held Tuesday, February 9,2010, be adopted as circulated. No. AAC CARRIED 3. DELEGATION a. Farm Classification Changes for the 2010 Assessment Roll Presentation from BC Assessment, dated March 9, 2010 Katrina LeNoury, Deputy Assessor Okanagah Region and Evelin Irons, Senior Appraiser, provided information to the Agriculture Advisory Committee with respect to their role with the Farm Assessment Review Panel. They also explained the changes to farm classifications, the implementation of the changes and the impact of those changes to local farmers. They also provided comments with respect to some of the forward lookiffg recommendations made by the Farm Assessment Review Panel and were!;ayajlable to answer questions from the Committee. The Chief Administrative Officer and the Director of Financial Administration left the meeting at.8:26 pm. 8

9 Agriculture Advisory Committee Meeting Minutes Page 3 March 9, UNFINISHED BUSINESS a. Kin Race Track - Committee Recommendation to Council L. Philp wished to express her disappointment that the recommendation to Council requesting that they support Kin Race Track as an equestrian facility was defeated. Moved by Philp, seconded by Skobalski, THAT the Agriculture Advisory Committee re plu uliy requests that Council provide an explanation to the Committee as to why the Committee's recommendation to support Kin Race Track as an equestrian facility was defeated by Council. No. AAC CARRIED Kidston opposed B. Marks requested that the Committee consider setting aside 15 to 30 minutes per meeting to discuss visioning in relation to the Agriculture Plan Strategy. The Committee agreed that a standing agenda item be included for visioning related to the Agricultural Plan Strategy at the beginning of each meeting ADJOURNMENT Moved by Firman, seconded by Brown, THAT the meeting of the Agriculture Advisory Committee, held Tuesday, March 9, 2010, be adjourned. No. AAC2O CARRIED The meeting of the Agriculture Advisory Committee adjourned at 9:08 pm. CERTIFIED CORRECT Recording Secretary Chair 9

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11 THE CORPORATION OF THE DISTRICT OF COLDSTREAM Minutes of the Regular Meeting of the Council of the District of Coldstream held Monday, March 8,2010 In the Municipal Hall Chambers 9901 Kalamalka Road, Coldstream, BC CALL TO ORDER: PRESENT: STAFF: Mayor Garlick called the meeting to order at 6:00 pm Mayor Garlick Councillors Besso, Cochrane, Dirk as entered in the minutes. Enns, Firman and Kiss M. Stamhuis, Chief Administrative Officer K. Austin, Corporate Officer B. Bibby, Building Official A. Dean, Director of Engineering Services T. Seibel, Director of Financial Administration 1 Media 10 People in the Gallery 1. APPROVAL OF AGENDA Moved by Cochrane, seconded by Kiss, THAT the agenda for the Regular meeting of the Council of the District of Coldstream, be approved with the following addition: lo.a. Water Rates and Unaccounted For Water No. RFC CARRIED Councillor Dirk entered the meeting at 6:03 pm. 2. DELEGATIONS a. Vernon/North Okanagan RCMP Detachment Safe Communities Unit, Report for the Period November 1, 2009 to January 31, 2010 Warren Smith, Safe Communities Unit Rural Program Coordinator, provided Council with an overview of the activities that were undertaken within the District of Coldstream in November and December 2009 and January

12 Minutes of a Regular Meeting of Council March 8,2010 Page 2 He noted several programs that were conducted at Coldstream and Kidston Elementary Schools as well as programs with seniors residing at Coldstream Meadows. He also advised that an initiative was moving forward to allow for online reporting and information tracking for the Lake Watch and River Watch programs. In addition, schedules were being reviewed to include boat ramp pleasure craft safety checks, provision of on-water enforcement and Lake Watch training for area residents and lake and river users. 3- PUBLIC OPPORTUNITY TO ADDRESS COUNCIL a. Bylaw Enforcement Report Summer 2010 Recommendations (1) Norm HIadun of Kalamalka Road, requested that of the two recommendations presented by staff, Council consider endorsing the second staff recommendation; "THAT the District request Greater Vernon Services to address the following recommendations by the District staff: Place a sign at the Kalavista boat launch stating that all loads must be secured prior to moving onto the road or a fine will be issued; Install a second gate at the south end of the parking lot clearly indicating that it is Entrance Only; _ Add an additional sign at the existing gate clearly indicating Exit Only; An additional sign be instcdled at both the entrance and exit stating that the gates will be locked at 10 pm and No Overnight Parking." He noted that this recommendation was more specific in its wording. (2) Flo Ryan of 8510 Kalavista Drive, wanted to express her agreement with the comments made by Mr. Hiadun, noting she would also request that Council endorse the second staff recommendation with respect to Kalavista Boat Launch. 12

13 Minutes of a Regular Meeting of Council March 8,2010 Page 3 b. District of Coldstream Fire Services and Fire Prevention Bylaw No. 1520, 2008, Amendment Bylaw No. 1565, 2010, Amendment No. 2 (1) Ted Relph of 8368 Howe Drive, suggested that Council allow for two burning periods per year; one in the spring and one in the fall. He further suggested that a single permit could be issued giving the permit holder the option to choose to burn in either the spring or the fall. 4. ADOPTION OF MINUTES a. Receipt of the Minutes from a meeting of the Environmental Advisory Committee held Monday, March 1, 2010 Moved by Besso, seconded by Kiss, THAT the minutes from a meeting of the Environmental Advisory Committee, held Monday, March 21, 2010, be received for information. No. REG CARRIED b. Adoption of the Minutes of the Regular Meeting of Council held Monday, February 22, 2010 Moved by Besso, seconded by Kiss, THAT the minutes of the Regular meeting of Council, held Monday, February 22,2010, be adopted with the following correction: Page 9, Item 7.c, add the names of the mover and seconder of the motion, those being Dirk and Enns respectively. No. REC CARRIED 13

14 Minutes of a Regular Meeting of Council March 8, 2010 Page 4 5. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER a. Planning and Development (1) Clarification of Driveway Access for Proposed Subdivision - Wvler Report from the Director of Development Services, dated March 1, 2010 Moved by Dirk, seconded by Kiss, THAT the report from the Director of Development Services, dated March 1,2010, regarding driveway access of a two lot subdivision for Lot 1, Plan KAP27716, be received; AND THAT the shared access not be pursued. No. REG CARRIED b. Engineering and Public Works Besso, Cochranc and Enns opposed (1) Update on Greenhouse Gas Emission Programs Report from the Director of Engineering Services, dated March 8, 2010 Moved by Dirk, seconded by Cochrane, THAT the report from the Director of Engineering Services, dated March 8, 2010, regarding Update on Greenhouse Gas Emission Programs, be received for information. No. RKG CARRIED (2) Discharge Sites along Coldstream, Craster and Brewer Creeks " Report from the Director of Engineering Services, dated March 8, 2010 Moved by Dirk, seconded by Firman, THAT the report from the Director of Engineering Services, dated March 8, 2010, regarding Discharge Sites along Coldstream, Craster and Brewer Creeks, be received for information. No. REG CARRIED

15 Minutes of a Regular Meeting of Council March 8,2010 Page 5 Moved by Besso, seconded by Dirk, THAT staff be requested to review the District's Storm Sewer Management Plan and prioritize the areas where remedial action should be taken as it pertains to Coldstream Creek. No. REG CARRIED Moved by Cochrane, seconded by Enns, THAT at the end of September 2010, staff report to Council detailing the completed works in Coldstream Creek that were undertaken throughout the summer months. No. REG CARRIED c. Finance (1) Central Coldstream Initiative Report from the Director of Financial Administration and the Director of Development Services, dated March 1, 2010 Moved by Kiss, seconded by Dirk, THAT the follow ing staff recommendation be tabled: TI1A T the report from the director of Financial Administration and the Director of Development Services, dated March 1, 2010, regarding Central Coldstream Initiative, be received; AND THAT staff be directed to proceed with Option #1 for Committee composition and proceed with seeking out the additional representation from the Advisory Planning Commission and the members from the Central Coldstream area as recommended in the report, dated March 1, 2010; AND THAT staff be authorized to hire a summer student from Okanagan College for the purposes of conducting the research related to the Commercial Servicing survey at an estimated cost of $9,000; 15

16 Minutes of a Regular Meeting of Council March 8,2010 Page 6 AND FURTHER THAT the Financial Plan be amended to include $9,000 for Economic Development Initiatives and that it is funded from operating reserves. No. REG CARRIED Moved by Dirk, seconded by Besso, THAT the following item be risen from the table: THAT the report from the director of Financial Administration and the Director of Development Services, dated March l t 2010, regarding Central Coldstream Initiative, be received; AND THAT staff be directed to proceed with Option #i for Committee composition and proceed with seeking out the additional representation from the Advisory Planning Commission and the members from the Central Coldstream Area as recommended in the report, dated March I, 2010; f AND Til A T staff be authorized to hire a summer student from Okanagau College for the purposes of conducting the research related to the Commercial Servicing survey at an estimated cost of $9,000; AND FURTHER THAT the Financial Plan be amended to include $9,000 for Economic Development Initiatives and that it is funded from operating reserves. No. REG CARRIED Moved by Dirk, seconded by Enns, THAT the report from the director of Financial Administration and the Director of Development Services, dated March 1,2010, regarding Central Coldstream Initiative, be received; 16

17 Minutes of a Regular Meeting of Council March 8, 2010 Page 7 AND THAT staff be directed to proceed with Option #1 for Committee composition and proceed with seeking out the additional representation from the Advisory Planning Commission and the members from the Central Coldstream area, subject to boundaries of the Central Coldstream Area being defined by Council, to be determined by Council at the next meeting. AND THAT staff be authorized to hire a summer student from Okanagan College for the purposes of conducting the research related to the Commercial Servicing survey at an estimated cost of $9,000; AND FURTHER THAT the Financial Plan be amended to include $9,000 for Economic Development Initiatives and that it is funded from operating reserves. No. REG CARRIED Firman opposed (2) O'Keefe Ranch Funding Request Report fromt e Director of Financial Administration, dated February 22, 2010 Moved by Kiss, seconded by Dirk, THAT the report from the Director of Financial Administration, dated February 22,2010, regarding O'Keefe Ranch Funding Request, be received for information. No. REG CARRIED d. Building and Bylaw Enforcement Cochrane and Enns opposed (1) Bylaw Enforcement Report Summer 2010 Recommendations Report from the Building Official, dated February 26, 2010 Moved by Dirk, seconded by Enns, THAT the report from the Building Official, dated February 26,2010, regarding Bylaw Enforcement Report Summer 2010 Recommendations, be received; 17

18 Minutes of a Regular Meeting of Council March 8,2010 Page 8 AND THAT the District request Greater Vernon Services to address the following recommendations by the District staff: Place a sign at the Kalavista boat launch stating that all loads must be secured prior to moving onto the road or a fine will be issued; Install a second gate at the south end of the parking lot clearly indicating that it is Entrance Only; Add an additional sign at the existing gate clearly indicating Exit Only; An additional sign be installed at both the entrance and exit stating that the gates will be locked at 10 pm and No Overnight Parking. No.REG CARRIED Besso opposed Councillor Dirk requested that Mayor Garlick take the above noted resolution directly to the next meeting of the Greater Vernon Advisory Committee. Council further requested that the District advertise, at the boat launch parking area, the availability of parking pennits from the Municipal Hall for those vehicles transporting kayaks, canoes, small boats, etc., without the use of a boat trailer. Moved by Besso, seconded by Enns, THAT the report from the Commissionaires, dated for reference, September 2009, and Council's Resolution No. REG , be circulated to the members of the Kalavista Neighbourhood Committee for their information. No. IiEG CARRIED e - Fire Department 18

19 Minutes of a Regular Meeting of Council March 8,2010 Page 9 f. Administration (1) New Executive Assistant Position Report from the Chief Administrative Officer, dated March Moved by Cochrane, seconded by Enns, THAT the report from the Chief Administrative Officer, dated March 1,2010, regarding New Executive Assistant Position, be received; AND THAT the Chief Administrative Officer be authorized to proceed with the recruitment of an Executive Assistant upon third reading of the Financial Plan Bylaw. No. REG CARRIED Rcsso and Firman opposed 6. UNFINISHED BUSINESS 7. CORRESPONDENCE a. Vernon/North Okanagan RCMP Detachment Safe Communities Unit, Report for the Period November I, 2009 to January 31, 2010 Report from the Vernon/North Okanagan RCMP Detachment Safe Communities Unit, dated February 8, 2010 Moved by Cochrane, seconded by Enns, THAT the report from the Vernon/North Okanagan RCMP Detachment Safe Communities Unit, dated February 8, 2010, regarding Vernon/North Okanagan RCMP Detachment Safe Communities Unit Report for the Period November 1, 2009 to January 31, 2010, be received for information. No. REG CARRIED 8. REPORTS OF COMMITTEES AND COMMISSIONS a. Standing Committees of Council (1) Advisory Planning Commission (Enns/Besso) 19

20 Minutes of a Regular Meeting of Council March 8,2010 Page 10 (2) Finance Committee (Chair Garlick/all of Council) (3) Fire Department Liaison Committee (Garlick/Dirk) Mayor Garlick advised that the next meeting of the Fire Department Liaison Committee would be held March 23, (4) Technical Advisory Committee (Chair Garlick/all of Council) b. Board Appointed Committees (1) Regional District of North Okanagan (Dirk/Kiss) Councillor Dirk reported that at the recent meeting of the Regional District of North Okanagan Board, the following items were discussed: Funding had not been approved for the Air Quality Function Transit issues were tabled to a future meeting In the future, Okanagan.Basin Water Board Annual Budgets would be brought forward to each of the Regional District Boards for their approval Electoral Areas issues A Public Hearing was held with respect to an Animal Carcass Incinerator. It was noted that the Public Hearing had not met the legislated advertising requirements and had to be held again, which posed a risk to obtaining funding for the project. (2) Greater Vernon Advisory Committee (Dirk/Kiss) Councillor Cochrane requested that any water restrictions imposed be for all water users and not just users of Duteau Creek water. (3) Greater Vernon Chamber of Commerce (Cochrane) Councillor Cochrane reported that he had attended a recent meeting of the Greater Vernon Chamber of Commerce. He noted that the Chamber had appreciated representation from the District. (4) Okanagan Basin Water Board (Kiss) Councillor Kiss reported that at the recent meeting of the Okanagan Basin Water Board, the following items were discussed: The Board had debated a letter being sent to the province supporting the protection of water sheds in light of the recent dispute between Tolko and the Okanagan Indian Band 20

21 Minutes of a Regular Meeting of Council March 8,2010 Page 11 The Board had requested improved water monitoring at mid to low elevation areas The Board had requested that the Interior Health Authority provide clarity with respect to drinking water standards The Drought Proofing Webinar had been reported to be a success The Board has obtained funding to assist local governments in accessing water dated from its Water Supply and Demand Study The Water Supply and Demand Study results were ready to launch. All three Okanagan regional districts had approved the Okanagan Basin Water Board's Governance Manual (5) Okanagan Regional Library (Besso/Cochrane) Councillor Besso reported that she had been appomted to the Finance Committee and the Library Building Committee. (6) School District 22 Pest Management Cdmmittee (Firman) Councillor Firman reported that a meeting had been scheduled on March 3, 2010, but that he had been unable to attend on that date. c. Select Committees of Council (1) Agriculture Advisory Committee (Besso/Enns) (2) Economic Development Advisory Committee (Cochrane/Enns) (3) Environmental Advisory Committee (Besso/Cochrane/Firman) Moved by Dirk, seconded by Enns, THAT the staff be directed to draft a letter to property owners along Coldstream, Brewer and Craster Creeks, informing them that the SHIM report has been completed and is available for viewing on the website and at the District office, and also advising that a Public Open House will be held at a future date; AND THAT a Public Open House be held, on a date determined by Council, at which time District staff and Ecoscape Environmental Consultants would be available to explain the SHIM data and to answer questions regarding the overall report; 21

22 Minutes of a Regular Meeting of Council March 8, 2010 Page 12 AND FURTHER THAT the draft letter to abutting property owners be included on the April 6,2010 agenda of the Environmental Advisory Committee meeting, for comment. Moved by Dirk, seconded by Enns, THAT the seconded paragraph be amended by removing the words, "on a date determined by Council" and replaced with, "on May 3, 2010". AMENDMENT CARRIED No. REG MAINMOTION AS AMENDED (ARRlkl) (4) Kalavista Neighbourhood Committee (Uarlick/Knns) d. Other Renorts of Council 9. BYLAWS - (1) Mayors and Chief Administrative Oflicci> Meeting Mayor Garlick advised that he and the Chief Administrative Officer had recently attended a meeting of the Mayors and Chief Administrative Officers of the Regional District of North Okanagan member municipalities in Vernon. Issues pertaining to policing, transit and the fire training centre were discussed. In addition, discussion included the consideration of a group purchasing system to realize economies of scale and the provision of ticketing for bylaw adjudication. a. District of Coldstream Financial Plan Bylaw No. 1563, 2010 and Open House Follow Up Financial Plan Bylaw Report from the Director of Financial Administration, dated March 1, Proposed Bylaw No. 1563, 2010 A bylaw to adopt the Financial Plan for the years Moved by Besso, seconded by Enns, THAT the report from the Director of Financial Administration, dated March 1, 2010, regarding District of Coldstream Financial Plan Bylaw No. 1563, 2010 and Open House Follow Up Financial Plan Bylaw, be received;

23 Minutes of a Regular Meeting of Council March 8,2010 Page 13 AND THAT Development Services be increased by $9,000 (from $411,427 to $420, 427) and transfer from Operating Surplus is increased by $9,000 (from $872,505 to $881,505); AND FURTHER THAT "District of Coldstream Financial Plan Bylaw No. 1563,2010", be read a third time as amended. No. REG CARRIED b. District of Coldstream Fire Services and Fire Prevention Bylaw No. 1520, Amendment Bylaw No. 1565, 2010, Amendment No. 2 Report from the Corporate Officer, dated February 25, 2010 Proposed Bylaw No. 1565,2010 '***- A bylaw to amend Part 7, Section 2.a.(3) to allow the burning period to be set annually by Council resolution. Moved by Besso, seconded by Dirk, THAT the report from the Corporate Officer, dated February 25, 2010, regarding District of Coldstream Fire Services and Fire Prevention Bylaw No. 1520,2008, Amendment Bylaw No. 1565,2010, Amendment No. 2, be received; AND THAT that Part 7, Section 2.a.(3), of Bylaw No. 1565,2010, be amended to read as follows: "The Director of Corporate Administration or designate may issue one burning permit per property annually, in the form attached to this bylaw as Schedule "A ",for the burning of Primings and non-compostable garden refuse in either the fifteen (15) day period in the spring or the fifteen (15) day period in tiiefatl, the commencement dates of which shall be set by resolution of Council". AND THAT "District of Coldstream Fire Services and Fire Prevention Bylaw No. 1520, 2008, Amendment Bylaw No. 1565,2010, Amendment No. 2", be read a first, second and third time by title only. No. REG CARRIED

24 Minutes of a Regular Meeting of Council March 8,2010 Page NEW BUSINESS a. Water Rates and Unaccounted for Water Councillor Kiss advised that water restrictions were being contemplated for the spring season. He noted that a Stage 1 Water Restriction would reduce watering days to 90 for the season and a Stage 2 Water Restriction would reduce the watering days to 52 for the season. Stage 2 Water Restrictions would reduce water usage by approximately 42%, thereby creating an operating deficit of $2 million. Councillor Kiss suggested that higher water rates would cause a further reduction in water usage resulting in a greater operating deficit. He suggested that taxation be used to generate revenue to repay borrowed money for capital construction as opposed to water rate increases. With respect to Unaccounted For Water, Councillor Kiss noted that 35% - to 38% of all water produced was unaccounted for. In comparison, Unaccounted For Water in agricultural applications was low.. Council questioned whether or not water used for sewer- flushing was accounted for. The Chief Administrative Officer answered that water used for sewer flushing was not metered. Councillor Kiss suggested that if water used for sewer flushing was metered it could reduce the percentage of Unaccounted For Water. 11. RESOLUTION TO ADJOURN TO IN-CAMERA Moved by Dirk, seconded by Bcsso, THAI Council adjourn to an In-Camera meeting to discuss issues related to the following paragraphs under Section 90(1) of the Community Charter: (i) (in) receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; a matter that, under another enactment, is such that the public may be excluded from the meeting. No. REG CARRIED The Regular meeting of Council recessed at 8:27 pm. The Regular meeting of Council reconvened at 9:21 pm.

25 Minutes of a Regular Meeting of Council March 8,2010 Page IS 12. BUSINESS ARISING FROM THE IN-CAMERA MEETING 13. ADJOURNMENT It was moved and seconded, THAT the Regular meeting of Council, held Monday, March 8,2010, be adjourned. No. REG CARRIED The Regular meeting of Council adjourned at 9:22 pm. CERTIFIED CORRECT Corporate Officer Mayor

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27 DISTRICT OF COLDSTREAM DEVELOPMENT VARIANCE PERMIT APPLICATION FILE NO. DATE DVP February8,2010 Applicant Joel & Rita Allen Telephone No Legal Description Location Area of Subject Property Servicing Zoning Official Community Plan Designation Proposed Variance Proposed Lots Lot 3, Plan 29175, Section 26, Township 6, ODYD 6615 Buchanan Rd hectares. Community Water and Septic Rural Two (RU.2) Agriculture To reduce road frontage requirements and provide access for a two lot subdivision. Two (2) - Proposed Lot 1 is 25.9 ha (64 acres) and Proposed Lot 2 is 16.0 ha (39.5 ac) Development Services Recommendation THAT the report from the Director of Development Services, dated February 8, 2009, regarding Development Variance Permit Application No DVP (Allen), Lot 3, Sec. 26, TP 6, ODYD, Plan be received; AND THAT Development Variance Permit No DVP (Allen) be issued to the owner to vary the lot frontage regulations, of the District of Coidstream Zoning Bylaw No. 1382, 2002, and amendments made thereto, as follows: 27

28 File No PVP (Alien) Page 2 of 3 February 8, 2010 Section 802,7, Lot Frontage, is varied from 10% of the perimeter of the lot (i.e. 215 meters (705 feet) to 3.7m (12.1 ft): AND THAT as a condition of the Development Variance Permit and the proposed subdivision, that the owners grant a statutory right-of-way from Buchanan Road to the west property line (along the alignment of the former Grey Canal) which shall be a minimum of 7.6m (25 ft) for the length of the pan-handle and 10m (32.8 ft) adjacent to the south boundary of proposed Lot 2. As such, a suitably worded statutory right-of-way will need to be registered concurrently with the subdivision. Background The proposed variance for 6615 Buchanan Road is part of a two lot subdivision application ( SUB). The proposed subdivision is comprised of two parcels: proposed Lot 1 is 25.9 ha (64 acres) and proposed Lot 2 is 16.0 ha (39.5 ac). The proposed variance is to split the existing 7.6m (25 ft) 'pan-panhandle' into two. Therefore, each lot would have m (12.4 ft) rather than the required 10% of the perimeter of the lot. The existing lot structure that was approved in 1978 does not meet the existing 10% requirement. The ALC approved the two lot subdivision in The owner has expressed the desire to pursue the two iot subdivision rather than an exclusion that has also been approved by the ALC. Planning Considerations The District of Coldstream Zoning Bylaw No. 1382, 2002 requires that lots proposed to be subdivided in the RU.2zone have a lot frontage of at least 10% of the perimeter of the lot. As a general comment, the 10% regulation is a common frontage requirement and is intended to ensure lots are a uniform and usable shape. Environmentally Sensitive Areas Based on the results of the Coldstream - Vernon Sensitive Ecosystem inventory (SEI, completed June 2008), the subject property has moderate to high conservation value. As part of the subdivision process, the applicant may be required to retain a Qualified Environmental Professional to assess the property for environmentally values prior to final subdivision approval. Pending the outcome of the review, a no build/no disturb restrictive covenant may need to be registered on title to protect ecologically sensitive areas and/or features on the site.

29 File No DVP (Allen) Page 3 of 3 February 8, 2010 Roads and Trails The Grey Canal trail, situated on the southern boundary of the subject property, is identified in the Bicycle and Pedestrian Master Plan, Ribbons of Green and in the Parks & Recreation Master Plan, as a proposed regional trail connecting Vernon to Lavington. The applicant has indicated that public access will be granted along the pan-handle and on the Grey Canal section of the property. As such, a suitably worded statutory right-of-way will need to be registered concurrently with the subdivision. The width of the statutory right of way along the length of the pan-handle shal! be a minimum of 7.6m (25 ft) and 10m (32.8 ft) adjacent to the south boundary of proposed Lot 2. Agency Referrals No objections to the proposal were received at the time this report was written. However, BC Hydro will require additional time to conduct a site visit and Telus has a buried service line along the panhandle which must be accommodated. The Director of Engineering has indicated that reciprocal easement for services will be required and that 1:100 year storm is to be handled on-site. Notice will be sent to adjacent landowners within 30-meters (100- feet) of the subject property. Neighboring property owners will have an opportunity to present concerns in person or in writing to Council. Adjacent Land Uses North: Rural Two Zone (RU.2) East: Rural Two Zone (RU.2) / Agriculture Land Reserve South: Rural Two Zone (RU.2) / Agricultural Land Reserve / Grey Canal / Rural Residential» West: Rural Two Zone (RU.2)/Agriculture Land Reserve Respectfully submitted by, Reviewed by, Craig Bfdderick, MCIP Director of Development Services & Wesley Miles, Planning Technician Michael Stamhuis Chief Administrative Officer 29

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31 s s / \ \ i \ i \ \ ; / / / / / / / SCALE 1 : 10,000 t < ** \ ,000 1,500 FEET 31

32 Quantum Consulting Group Ltd 3710B 28th Street Vernon, BC, VIT 9X2 (250) Fax:(250) Coldstream. DISTRICT OF COLDSTREAM PLANNING. DEVELOPMENT & ENGINEERING SERVICES PROPOSEL ^DIVISION OF LOT 3, PLAN #6615 BUCHANAN ROAD

33 Page 1 of2, Da^e: 29-Jan-2010 TITLE SEARCH PRINT Time: 13:42:43 R..estor: (PA415 62) DISTRICT OF COLDSTREAM Page 001 of 002 Folio: TITLE - KJ70798 KAMLOOPS LAND TITLE OFFICE TITLE NO: KJ70798 FROM TITLE NO: KH APPLICATION FOR REGISTRATION RECEIVED ON: 31 AUGUST, 1995 ENTERED: 04 OCTOBER, 1995 REGISTERED OWNER IN FEE SIMPLE: JOEL TIMMOTHY ALLEN, BUSINESSMAN RITA LOUISA ALLEN, BUSINESSWOMAN 6615 BUCHANAN ROAD VERNON, BC V1T 6L4 AS JOINT TENANTS TAXATION AUTHORITY: DISTRICT OF COLDSTREAM DESCRIPTION OF LAND:. PARCEL IDENTIFIER: LOT 3 SECTION 26 TOWNSHIP 6 OSOYOOS DIVISION YALE DISTRICT PLAN LEGAL NOTATIONS: HERETO IS ANNEXED EASEMENT N52147 OVER THAT PART OF LOTS 1 AND 2, PLAN SHOWN AS PARCELS C, D, E AND F SHOWN OUTLINED RED ON PLAN A13769 CHARGES, LIENS AND INTERESTS: NATURE OF CHARGE CHARGE NUMBER DATE TIME RIGHT OF WAY 45683E :20 REGISTERED OWNER OF CHARGE: BRITISH COLUMBIA HYDRO AND POWER AUTHORITY 45683E REMARKS: PART SHOWN ON PLAN A952 INTER ALIA, C OF C 4113 EASEMENT N REMARKS: THAT PART SHOWN AS PCL B OUTLINED RED ON PLAN A APPURTENANT TO LOT 2, PLAN EXCEPT THAT PART SHOWN ON PLAN INTER ALIA EASEMENT N REMARKS: THAT PART SHOWN AS PCL B OUTLINED RED ON PLAN A APPURTENANT TO LOT 1, PLAN EXCEPT THAT PART SHOWN ON PLAN INTER ALIA EASEMENT N ut* nt,.ff n n * K^nh'np rmv hr m/53rs nrwfih/titlesetectionlist.do 1/29/2010

34 Page 2 of2 Dp^e: 29~Jan-2010 TITLE SEARCH PRINT Time: 13:42:43 R jestor: (PA41562) DISTRICT OF COLDSTREAM Page 002. of 002 Folio: TITLE - KJ70798 REMARKS: THAT PART SHOWN AS PCL B OUTLINED RED ON PLAN A APPURTENANT TO LOT 2, PLAN INTER ALIA EASEMENT, N " - REMARKS: THAT PART SHOWN AS PCL. B OUTLINED RED ON PLAN A APPURTENANT TO LOT 1, PLAN INTER ALIA \ ' STATUTORY RIGHT OF WAY S :55 REGISTERED OWNER OF CHARGE: BRITISH COLUMBIA HYDRO AND POWER AUTHORITY S61771 STATUTORY RIGHT OF WAY KC :17 REGISTERED OWNER OF CHARGE: BRITISH COLUMBIA HYDRO AND POWER AUTHORITY KC83775 MORTGAGE LB :59 REGISTERED OWNER OF CHARGE: ROYAL BANK OF CANADA ' LB "CAUTION - CHARGES MAY NOT APPEAR IN ORDER OF PRIORITY. SEE SECTION 28, L.T.A." DUPLICATE INDEFEASIBLE TITLE: NONE OUTSTANDING TRANSFERS: NONE PENDING APPLICATIONS: NONE *** CURRENT INFORMATION ONLY -.-NO CANCELLED INFORMATION SHOWN *** 34

35 SCHEDULE A,4 PAGE 1 The Corporation of the District of Coldstream 9901 Kalamalka Road Vernon, B.C. V1B 1L6 Application/File No. ' APPLICATION FOR A PERMIT I/We hereby make application under the provisions of Part 29 of the Municipal Act for a: (check where applicable) Development Variance Permit ^Temporary Commercial and Industrial Permit ^Development Permit to permit the proposed development as ^scribed in the attached form upon (legal description): /_W? Ylc^ J2*}\l<r &>"foi/-, &L / oqfrvs Wj> /6 Q 3> V ID and located at (street address or general location) A-?. A/C JpOcJ^^z* from to zone. Required application fee of $ ( &, c&"> and the completed Permit Information Form are attached. y/ / / /? / ;1».x,^v 2-ovo," ~ ''4? /foj(mi$a^j- Date L-- Applicant's Signature THIS APPLICATION IS MADE WITHMY FULL Da e Registered Owner's Signature Where the applicant is NOT the REGISTERED OWNER, the Application must be signed by the REGISTERED OWNER, or his SOLICITOR. FOR OFFICE USE ONLY APPLICATION FEE $ flffi) RECEIVED. RECEIPT NO.. Date Signature of Official 35

36 SCHEDULE A.4 PAGE 2 PERMIT INFORMATION FORM THE INFORMATION REQUESTED IN THIS FORM IS REQUIRED TO EXPEDITE THE APPLICATION AND ASSIST THE STAFF IN PREPARING A RECOMMENDATION, This form is to be completed in full and submitted with 'all requested information, Official Community Plan and Zoning Amendment Application, Application Fee, and Certificate of State of Title or Indefeasible Title for the subject property. (1) Applicant and Registered Owner (a) Applicant's Name ^L^.\ d V-C^ZL. -AIW^ Address AfeisT j> o yuw^_, ^X Postal Code V/ I &- RL(^> Telephone: Business JJK^a " ^L^>t> - \ \% 1 Home (b) Registered Owner's Name Q; ^vjy : " Address <^>r^^. Postal Code Telephone: Business <^-AV^ Home (c) A copy of a State of Title Certificate, or a copy of a Certificate of Indefeasible Title, dated no more than thirty (30) days prior to submission of the application, must accompany the application as a proof of ownership. (2) Application Fee An Application Fee as set out in Schedule "B" attached hereto shall be made payable to the Corporation of the District of Coldstream and shall accompany the Application. (3) Text Amendment Described the Proposed Text Amendment (4) Redesignation and Rezoning - Property to be Redesignated and Rezoned (a) Legal Description in full 36

37 SCHEDULE A.4 PAGE 3 *3) (c) Present Zoning ^Lo 2. (d) Description of Existing Use/Development HfcA-U u_1 \ Or^.x -> (e) Full Description of the Proposed Use/Development (use separate sheet if necessary) (f) Proposed Variation and/or Supplementation to Existing Regulations (use separate sheet if necessary) fro ^-v 1 1 Q< ^<^r-i_ '-'p.gvrce^v Ho,X (JS 1 1 n N\OT \ o S 37

38 SCHEDULE A.4 PAGE 4 '4) Reasons in Support of Application Reasons and comments in support of the Application (use separate sheet if necessary) Jb-1 < exwi-i le ~t Lg CO c*ca -I (o»cuy t C**-** utf ^/^^j (6) Attachments At the time of providing Application and Information Forms to the applicant, the Municipal Clerk shall indicate which of the following attachments are required or not required for this Application. The Municipal Clerk may also require additional information. (a) A dimensioned Sketch Plan drawn to a scale of to showing the parcel(s) or part of the parcel(s) to be redesignated and the location of existing buildings, structures, and uses. REQUIRED: Yes No

39 'strict si DISTRICT OF COLDSTREAM MEMORANDUM TO Mayor and Council FILE NO SUB, ALR, FROM Craig Broderick, MCIP DATE January 19, 2010 Director of Development SUBJECT Joel & Rita Allen-6615 Buchanan Road-Appeal of Subdivision and Servicing Standards 1. Purpose To review options regarding a response to Joel and Rita Allen regarding subdivision conditions. 2. Origin Joel & Rita Allen have requested that the conditions of the proposed two-lot subdivision be waived by a resolution of Council. 3. Background/Discussion The owners of 6615 Buchanan Road (i.e. Lot 3, Plan 29175) have secured a Preliminary Layout Review (PLR) for a two-lot subdivision. The subject property is mostly in the ALR. The ALC had approved the two-lot subdivision in The two lots are proposed to be 16 ha (39 ac) and 25.9 ha (64 ac). Based on zoning and subdivision standards, the PLR sets out typical conditions of subdivision. The owners are appealing many of those conditions as they have indicated that the conditions render the subdivision financially unviable. The existing lot structure in the surrounding area is very unusual in that three, very large parcels combine their 'panhandles' to form a shared, gravel driveway. The shared driveway is privately maintained by the owners. The shared driveway serves to provide access as well as legal frontage onto Buchanan Road. Each panhandle is about 7.5m wide (25 ft). This unusual lot structure was approved by subdivision in 1978 and created Lot 1 (65.78 ha/162.5 ac), Lot 2 (65,5 ha/161.8 ac) and Lot 3 - the subject property (42.7 ha/105.5 ac). It is very unlikely that such a lot configuration would be approved today based on existing zoning and subdivision regulations.

40 '15 Buchanan Road Page 2 of 5 January 13, 201Q The owners are particularly concerned with subdivision standards and related costs of: converting the shared driveway to a municipal road including a turnaround to bylaw standards; and the required water upgrades. The applicant's preferred scenario is to have the frontage of the two lots varied to fit within the width of the existing panhandle (i.e. each lot would have one-half the width of the existing panhandle which would be about 3.75m or 12.3 ft). Alternatively, the upper lot could be created with zero road frontage with access being achieved by easement over the existing panhandle configuration. One concern that staff has with this approach is related to emergency vehicle access and the condition of the panhandle or shared access. Currently the three owners have a reciprocal easement to use the access route. The three owners must share in the maintenance costs of the access route. The proposed addition of another lot will complicate the existing situation and each owner would need to consent to an additional easement. The revised easement would also need to provide for unrestricted access for emergency vehicles. It appears that each owner would accommodate the legal requirements. In terms of zoning, due to the large lot sizes, each lot is capable of having two houses on-site as well as accessory buildings (i.e. barns, shops, etc). The additional lot will serve to add to the usage of the panhandle. As the new lot would have frontage on Buchanan Road, such a variance would effectively eliminate the need to construct the required municipal road and turn around. Similarly, extensive linear water upgrades would not be required as the new lots would be fronting Buchanan Road. GVS-Water would need to determine if a fire hydrant would be required based on rural spacing standards. At this time, an application for a variance for frontage has not been made by the applicants. They wanted to review the option with Council prior to applying for a variance. If an application were to be made, the typical process of notifying the neighbours would be followed. The applicants have outlined verbally that if concessions related to servicing are granted, they will be able to carry out the two-lot subdivision which includes dedicating the Grey Canal as it runs along the south boundary of the property. As with other stretches of the Grey Canal, it would be used for a trail. The length of the Grey Canal within the property boundaries is approximately 850m (2,788 ft). In addition, the shared driveway is about 330m 1,083 ft). In order for the Grey Canal to be accessible to the public for trail purposed, the shared driveway would also need to be available for pedestrians and cyclists. Therefore, the combined length of the proposed trail would be approximately 1,180 m (3,871 ft).

41 115 Buchanan Road Page 3 of 5 January 13, 2010 The intent would be to eventually continue the Grey Canal westward to Warren Road and eastward to Noble Canyon. As per Ribbons of Green, the Bicycle & Pedestrian Master Plan and the Parks & Recreation Master Plan, the long term plan is to have the entire length of the Grey Cana! as a trail. For the District of Coldstream section, the trail would continue westward from Warren road to existing stretch of Grey Canal trail in Coldstream Valley Estates (i.e. below The Ranchlands subdivision). Another option available to the owners is to exclude most of their land from the ALR. This was approved by the ALC on December 6, Relevant correspondence from the ALC is attached. One of the conditions of approval is to register a covenant over a 30m strip along the southern boundary of the excluded area prohibiting structures or roads. With respect to a trail within that covenant area, District of Coldstream staff have obtained clarification from the ALC that the trail would not be permitted to be within the covenant area. ALC staff, as per the attached January 14, , indicated that the request to have a trail within the covenant area would need to be reconsidered by the ALC. Therefore, it would appear that if the applicant follows through with the exclusion, the possibility of having the Grey Cana! alignment for could be lost. If the subject property were to be developed in the future (i.e. large lot subdivision or some other use that would be subject to a rezoning), a trail connection could be required to parallel to the covenant area. Having the trail 'upslope' from the Grey Canal alignment is not as desirable.and would make the trail less user friendly due to topography and more expensive to construct. Alternatively, the ALC might be amenable to relocating the covenant area above a future trail. The position taken by the ALC has made this proposed subdivision very challenging for all parties involved. In another part of the municipality, the ALC has effectively caused the rejection of another application based on concerns related to access. In light of the feedback being received from the ALC, District of Coldstream staff wishes to meet with the ALC and staff to discuss these files and the topic of access in general. In summary, the applicant is asking Council to vary zoning and servicing standards in order to allow the subdivision to proceed and to secure a portion of the Grey Canal. 41

42 v 15 Buchanan Road Page 4 of 5 January 13, Conclusion Based on the existing subdivision configuration, existing zoning and subdivision bylaw, and previous ALC approvals, staff have concluded that there are three basic options as follows: Option 1 - Proceed with Panhandle Process This option would see the subject property being subdivided in two titles with legal access being Buchanan Road. Due to the severity of the variance for frontage, establishment of an unwanted precedent and concerns related to emergency vehicle access, staff can not recommend that Council pursue this option. Option 2 - Proceed with Exclusion The owners can proceed with the approved exclusion of the subject property. Any subsequent development of the site will be reviewed at that time which will include provisions for pedestrian and cycling above the covenant area required by the ALC. Option 3 - Table the Matter until Staff Can Meet With the ALC. The third option, which is recommended by staff, is to table further consideration of the subdivision requirements until Coldstream staff have met with the ALC and their staff to discuss this application, the Webster application and the issue of access in the ALR. In terms of timing, a meeting will be scheduled as soon as possible. As the exclusion approval expires on December 6, 2010, if so directed by Council staff will request that the ALC extend the exclusion approval in order to not jeopardize that approval. Of course, the applicant could chose to secure the ALR exclusion at anytime before the expiry. 5. Recommendation THAT the report from the Director of Development Services, dated January 13, 2010, regarding "Joel& Rita Allen-6615 Buchanan Road-Appeal of Subdivision and Servicing Standards", be received for information. AND THAT Council table further consideration of the subdivision requirements until Coldstream staff have met with the ALC and their staff to discuss this application, the Webster application and the issue of access in the ALR.

43 >15 Buchanan Road Page 5 of 5 January 13, 2010 AND THAT Council direct staff to contact the ALC to scheduie a meeting; AND THAT Council direct staff to contact the ALC in order to request an extension of the exclusion (Resolution #679/2007) Respectfully submitted by, Reviewed by, Craig^Sroderick, MCIP Director of Development Services Michael Stamhuis Chief Administrative Officer Attachments

44 44 h

45 Legend Disclaimer: This map was compiled by RDNO, using data believed to be accurate; however, a margin of error is inherent in all maps. This product is distributed without warranties of any kind, either expressed or implied, including but not limited to warranties of suitability of particular purpose or use. Scale 1: January 2010,13:02 EH CADPARCELS DoCCADLines -- Easement RW - - Electrical RW GasRW NOWA RW Railway RW Roadway RW Utility RW Creeks Hooks LD DL_LS Lease Lot Lot Lines River Strata Lot Strata Rd Stream Swamp Trailer Lot Trailer Rds TWP RGEJJNE

46 Legend Disclaimer: This map was compiled by RDNO, using data believed to be accurate; however, a margin of error is inherent in all maps. This product is distributed without warranties of any kind, either expressed or implied, including but not limited to warranties of suitability of particular purpose or use. Scale 1: January 2010,13:03 CADPARCH.S DoCCADUnes -- Easement RW - Electrical RW Gas RW NOWA RW Railway RW Roadway RW utility RW Creeks Hooks LD_DL_LS Lease Lot Lot Lines River Strata Lot Strata Rd Stream Swamp Trailer Lot Trailer Rds. TWP RGE LINE

47 ZO-NO- PLAN OF SUBDIVISION OF THE N. E. 1/4, SEa 2s, N. W. 1/4, sea 2S ; PART OF LOTS I AND 2, PLAN ; AND THAT PART OF THE S. W. 1/4, SEa 26, LYING NORTH OF THAT PART OUTLINED IN RED ON PLAN DD ALL IN TP. B, 0. D. Y. D. PLAN- NO \m& 5& *«V»S»o^ ^ a*. -3 j&jfc. m

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49 iiiiinnrnrirrii imiiiiihillllliimiwi'lffll{itli WM f 7'ffllli111 I * "" '" f tish Columbia Agricultural Land Commission April 24, 1990 Telephone: (604) Faxcom: (604) Room 133, 4940 Canada Way, Burnaby, B.C. V5G 4K6 Reply to the attention of Brenda Felker " * Donald and Linda Eloff R.R. #1, Site 10, Comp. 21 Vernon, B.C. VlT 6L4 Dear Mr. and Mrs. Eloff: Re: Application #21-T-COLD This is to advise that the Provincial Agricultural Land Commission has considered your application regarding land described as Lot 3, Section 26, Township-' 6, O.D.Y.D., Plan Pursuant to Section 20(1) of the Agricultural LajigLXlojamission Act, the Commission, by Resolution #139/90 ^allowed^ your application to subdivide your property into two parcels of 16 ha and 26.7 ha. In addition the Commission approves the road dedication as required by the Municipality in order to serve your new lots. This approval is granted provided that your subdivision is in substantial compliance with the sketch plan attached hereto and submitted with your application. The land referred to in the application will continue to be subject to the provisions of the Agricultural Land Commission Act and regulations except as provided by this approval. This approval in no way relieves the owner or occupier of the responsibility of adhering to all other legislation, including zoning, subdivision and other land use bylaws of a municipality or regional district and decisions of responsible authorities which may apply to the land. f Before your development can proceed, other requirements such as public road dedications, highway access permits, sewage disposal permits, etc. may be necessary and we urge you to check with the responsible authorities

50 Page 2 Where the land is located in a municipality, please contact the Approving Officer of the municipality. For other areas, contact the District Office of the Ministry of Transportation and Highways, Please obtain the confirmation of the Commission, if, in the process of approval by the Approving Officer, any substantial changes are required to the subdivision proposal as approved by this office. When the final survey plans or documents as required for Land Title purposes have been prepared, please send two paper prints to this office prior to registration. The Commission will then authorize the Registrar of Land Titles to accept the application for deposit of the subdivision plan.. Please quote Application #21-T-COLD in any future correspondence. Vours 'truly, PROVINCIAL AGRICULTURAL LAND 6omiS ^SS^ Per: K. B. Miller, A/General Manager BF/lv Encl. cc: Regional District - North Okanagan (#S ALR #11) Approving Officer, Hwys - Vernon B.C. Assessment Authority - Vernon N

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53 "" -Wet of ^ ^ DISTRICT OF COLDSTRE &Ste» MEMORANDUM TO Mayor and Council FROM Craig Broderick, MCIP Director of Development Services & Michelle Austin, Planning Technician FILE NO ALR DATE January 9, 2008 SUBJECT Provincial Agricultural Land Commission decision for ALR (Alien); Lot 3, Sec. 26, Twp 6, ODYD, Plan 29175; 6615 Buchanan Road Purpose To inform Council of the Provincial Agricultural Land Commission's (the Commission) decision regarding Joel and Rita Alien's application to exclude 80 acres (32.37 hectares) of the above-noted property from the Agricultural Land Reserve (ALR). Origin Director of Development Services. Background/Conclusion In 2003 Mr. and Mrs. Alien applied to exclude the subject property from the ALR; however, in 2006, the application was changed from exclusion to a seven-lot subdivision due to neighbourhood and staff opposition. Council forwarded the subdivision application to the Commission, but it was refused. On May 15, 2007 Mr. and Mrs. Alien applied again to exclude 80 acres (32.37 hectares) of their property from the ALR with the intention to subdivide. Staff did not support the exclusion application. On July 9, 2007 Council endorsed the application and forwarded it to the Commission for their adjudication. On December 6, 2007, the Commission approved the exclusion of acres (28.4 hectares). Four hectares (9.88 acres) of the subject property was deemed by the Commission to be suitable for agricultural and will remain in the ALR. Mr. and Mrs. Allen have made the Planning Department aware of their intention to apply for subdivision in the near future. Submitted by Craig Broderick, MCIP Director of Development Services Attachments 6u- Reviewed by Wendy Kay Chief Administrative Officer 53

54 ALR (Allen) & PALC decision Page 2 of 2 January 9, 2008

55 I Agricultural Land Commission Canada Way Burnaby, British Columbia V5G 4K6 Tel: fax: December 20, 2007 Reply to the attention of Brandy Ridout ALC File: T Joe! and Rita Alien 6615 Buchanan Road Vernon, BCV1B3C6 DISTRICT OF COLOSTREAM Dear Mr. and Mrs. Allen: R e: Application to Exclude land from the Agricultural Land Reserve Please find attached the Minutes of Resolution #679/2007 outlining the Commission's decision as it reiates to the above noted application. A map depicting the approved exclusion area and associated conditions is also attached. Please send two (2) paper prints of the final survey plans to this office. When the Commission confirms that all conditions have been met, it will authorize the Registrar of Land Titles to accept registration of the plan. It will also confirm for the Registrar the area excluded from the ALR. Yours truly, PROVINCIAL AGRICULTURAL LAND COMMISSION J% f- Erik Karlsen, Chair cc: District of Coldstream ( ALR) Enclosure: Minutes/Sketch Plan BR 37592d1

56 MINUTES OF THE PROVINCIAL AGRICULTURAL LAND COMMISSION A meeting was held by the Provincial Agricultural Land Commission on December 6, 2007 in Kelowna, BC. PRESENT: Sue irvine Sid Sidhu Roger Mayer Martin Collins Chair, pkanagan Panel Commissioner Commissioner Staff For Consideration Application: Applicant: Proposal: Legal: Location: Site Inspection #T Joel and Rita Allen To exclude 32.4 ha of the 42.5 ha subject property from the Agricultural Land Reserve. As approximately 36.4 ha are in the ALR, approximately 4 ha would remain in the ALR. PID: Lot 3, Section 26, Township 6, Osoyoos Division Yale District, Plan Buchanan Road, Vernon A site inspection was not conducted for this application. The Commission recalled that a site visit had been conducted for the "previous application on the property (#T-37112) on February 12, Those in attendance were: Sue Irvine Sharon McCoubrey Sid Sidhu Jennifer Carson Martin Collins Joe! Allen Chair, Okanagan Panel Commissioner Commissioner Staff Staff Applicant Commissioner Eligible to Vote Commissioner Mayer was not present at the site inspection, it was confirmed that a summary of the site inspection was provided thus establishing the Commissioner's eligibility to vote on the application.. Context The proposal was weighed against the purposes of the Commission as stipulated in section 6 of the Agricultural Land Commission Act (the "Act"). They are: 1. to preserve agricultural land 2. to encourage farming on agricultural (and in collaboration with other communities of interest, and 3. to encourage local governments, first nations, the government and its agents to enable and accommodate farm use of agricultural land and uses compatible with agriculture in their plans, bylaws and policies. 56

57 Page 2 of 3 Resolution # 679/2007 Application # T Discussion Assessment of Agricultural Capability During the previous application process, in assessing the agricultural capability of the area currently proposed for exclusion, the Commission noted that the land had challenges for agriculture due to steep topography and poor soils. Assessment of impact on Agriculture The Commission recalled that for the previous application on the property (#T~37112) for subdivision in the ALR, it had considered the value of retaining this land within the ALR when it was apparent that the parcel was not being used for any grazing purposes or in conjunction with any other grazing/ranch properties. At that time, concern was expressed about permitting non agricultural subdivision of the property, and yet retaining the lands within the ALR. it was believed that subdividing the land as proposed would effectively eliminate any of the limited agricultural capacity of the property as it was extremely unlikely, that any of the small lots would be used for agricultural purposes and that keeping the land within the ALR necessitated the retention of the property in the largest possible size to ensure that the broadest range of the potential (though limited) options remain for agriculture. As such, the subdivision application was refused. In considering the current application, the Commission considered the impact of exclusion on the property and surrounding ALR lands. As a portion of the property proposed for exclusion had limited capability for agriculture, the Commission did not believe that its exclusion would have a negative impact on agriculture. Instead of the 32.4 ha proposed by the applicant, this area measured 28.4 ha on the 1:10,000 scale air photo of the property. In order to reduce the impact of the exclusion on the properties to the south, the Commission would require the registration of a covenant over a 30-metre strip along the southern boundary of the excluded area prohibiting the construction/placement of any structures or roads. Assessment of Other Factors The Commission reviewed the package of information received November 14, 2007 against the proposed exclusion, which included a petition objecting to the exclusion of the property signed by 15 local residents, a news article on subdivision in the ALR, and comments on the proposal. The comments included concerns such as fire hazards, environmental issues, that the lower portion of the property has agricultural value, that the property had historically been seasonal range for cattle, and visual impact of the development of the excluded area. The Commission considered the comments regarding agriculture. As concerns had been raised that ail owners of adjacent properties in the ALR had not been notified, the Commission also considered the issue of proper notification. It confirmed that letters had been sent by registered mail and through Canada Post's package tracking system, determined that one letter had not been successfully delivered to the receiver. However, as the letter had been sent registered mail, the.commission determined that the notification procedure had been adequately followed.

58 Page 3 of 3 Resolution # 679/2007 Application # T Conclusions 1. That 28.4 ha of the 32.4 ha proposed for exclusion has limited agricultural capability, 2. That if a proper buffer is created along the southern boundary of the excluded area, the proposal will not have a negative impact agriculture. IT WAS MOVED BY: SECONDED BY: Commissioner Irvine Commissioner Sidhu THAT the application be refused as proposed on the grounds that 4 ha of the proposed 32.4 ha exclusion area is suitable for farm use. AND THAT the exclusion of a 28.4 ha area is approved subject to the following conditions: The preparation of a subdivision plan to delineate the area to be excluded and the access to that area as per the attached sketch. The construction of a fence and the planting of a vegetative buffer along the southern boundary of the excluded area for the purpose of limiting the impact of the exclusion on the properties in the AIR to the south. The registration of a covenant over a 30-metre strip along the southern boundary of the excluded area prohibiting construction/placement of any structures or roads for the purpose of iimiting the impact of the exclusion on the properties in the ALR to the south. The exclusion must be completed within three (3) years from the date of this decision. This decision does not relieve the owner or occupier of the responsibility to comply with applicable Acts, regulations, bylaws of the local government, and decisions and orders of any person or body having jurisdiction over the land under an enactment. CARRIED Resolution #679/2007

59 1 1 K V 7? nsbmftl/' "*""" Hhv^^S^i^^ H^ilSoSl^^ LowftjonV H< ' (lobifjv ""- ^?1 Provincial Agricultural Land Commission Application #T Resolution #679/2007 \ \ \j 28.4 ha area approved for exclusion L '" "" v from the ALR [fllppslfl 30-metre wide no-build covenant area ^ ^ ' (must be surveyed on subdivision plan)!*>'** I Location of fencing and buffer yegetgtipri 1L Airphoto Map Map Scale: 1:10, I Meters 'ALCFiletf: Mapsheetft 82L.025 Map Produced: Aug 16, 2007 Regional District: North Okanagan