REGIONAL DISTRICT OF NORTH OKANAGAN

Transcription

1 REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of the REGULAR meeting of the ELECTORAL AREA SERVICES COMMITTEE held in the Board Room at the Regional District Office on TUESDAY, JANUARY 23, 2007 Members: Director R. Fairbairn, Chair Electoral Area D Director S. Field, Vice-Chair Electoral Area C Director C. Kanester Electoral Area B Director E. Foisy Electoral Area E Director H. Halvorson Electoral Area F Also Present: J. Oglow Regional Board Chair W. Lippert Mayor, City of Vernon Staff: B. Reardon Administrator G. Betts General Manager, Electoral Area Services R. Smailes Development Services Manager S. Noakes Planner P. Juniper Recording Secretary Other: Approximately 9 in the public gallery. ELECTION OF CHAIR and VICE-CHAIR The General Manager, Electoral Area Services called for nominations for the office of Chair of the Electoral Area Services Committee. Nominated for the office of Chair were Director Field and Director Fairbairn. Director Fairbairn was declared elected, by voting, as Chair of the Electoral Area Services Committee. Chair Fairbairn assumed the Chair Moved by Director Field Seconded by Director Kanester That the ballots used in voting for the Electoral Area Services Committee Chair be destroyed. The Chair called for nominations for the office of Vice-Chair of the Electoral Area Services Committee. Nominated for the office of Vice-Chair were Director Halvorson and Director Foisy.

2 Electoral Area Services Committee -2- January 23, 2007 Director Halvorson was declared elected, by voting, as Vice-Chair of the Electoral Area Services Committee. Moved by Director Halvorson Seconded by Director Field That the ballots used in voting for the Electoral Area Services Committee Vice-Chair be destroyed. PART 1 - CALL MEETING TO ORDER: The Chair called the meeting to order at 9:12 a.m. PART 2 - APPROVAL OF AGENDA: Moved by Director Kanester Seconded by Director Field That the agenda of the January 23, 2007 meeting of the Electoral Area Services Committee BE APPROVED as circulated. PART 3 - INTRODUCTION OF LATE ITEMS: Moved by Director Foisy Seconded by Director Field That the following items BE ADDED to the agenda of the January 23, 2007 regular meeting of the Electoral Area Services Committee: Item 12(i) Coldstream Vernon Hill Sensitive Ecosystem Inventory request for funding Item 12(j) Joint Transportation Survey verbal update by the Development Services Manager PART 4 - ADOPTION OF MINUTES: a. Electoral Area Services Committee Regular Meeting December 19, 2006 Moved by Director Halvorson Seconded by Director Kanester That the Minutes of the December 19, 2006 Regular Meeting of the Electoral Area Services Committee be adopted as circulated. PART 5 - PETITIONS and DELEGATIONS: a. Karen Calla Fisheries & Oceans Canada

3 Electoral Area Services Committee -3- January 23, 2007 The Chair introduced Ms. Calla, Biologist, with Fisheries & Oceans Canada. The Development Services Manager advised the Committee that Ms. Calla was on hand to provide an overview to the Committee on the Riparian Areas Regulation [RAR] and its implications and respond to questions which arose from her to Rob Smailes dated September 27, Ms. Calla proceeded to advise the Committee on the intent of the variance process as it pertains to local government. Specifically, the intent was to streamline the process for applications which did not require a variance by accepting a QEP's assessment. She advised that the evaluation of the QEP should be "repeatable, measurable and consistent." It was noted by Ms. Calla that there remain properties that cannot comply with the regulations. The variance process was put in place to prevent sterilization of the property if it was deemed reasonable. The purpose of the variance process would be to determine if the request is a legitimate and for RDNO staff to provide an opinion as to undue hardship. If the variance was deemed to be legitimate, the local government would provide a letter of support. She advised that Fisheries & Oceans Canada [FOC] would authorize any variance but they would not be in a position to evaluate whether there was undue hardship. Moved by Director Kanester Seconded by Director Halvorson That a letter be sent to the Department of Fisheries and Oceans for their review and response outlining a comprehensive list of concerns of the Electoral Area Directors with the Riparian Area Regulation variance process." b. Park Environmental Stewardship Organization [Harvey Eller] re: the Water Cycle and Wilderness Development Mr. Eller provided a verbal presentation and slide show regarding the water cycle, wetlands and effects of wilderness development in the watershed areas around Silver Star Mountain. c. SAUNDERS, Brian and Caroline, c/o HENDERSON, Greg d. ETHIER, David and Valerie, c/o HENDERSON, Greg David Ethier [2033 Hampshire Place, Kamloops] spoke in support of the adjoining property applications of David and Valerie Ethier [ B-D] and Brian and Caroline Saunders [ B-DP]. Mr. Ethier informed the Committee that Greg Henderson [Henderson Environmental Consulting, 379 Yates Road, Kelowna] had also attended to address the Committee on the applications and the RAR implications. Greg Henderson, Qualified Environmental Professional [QEP] [379 Yates Road, Kelowna] addressed the Committee and spoke in support of the applications.

4 Electoral Area Services Committee -4- January 23, 2007 e. BDS DEVELOPMENTS LTD., c/o Keith Harris David Schaefer with Nixon Wenger appeared on behalf of BDS Developments Ltd. to speak in support of the application. Mr. Schaefer circulated a written submission to the Committee which summarized their reasons for supporting the submission of the application to the ALC. f. OLIVER, Larry and Loretta Larry Oliver appeared to answer any questions PART 6 - MATTERS ARISING FROM PETITIONS AND DELEGATIONS: None PART 7 COMMITTEE REPORTS: a. Area B Advisory Planning Commission January 17, 2007 b. Area E Advisory Planning Commission January 17, 2007 c. Area F Advisory Planning Commission January 8, 2007 It was noted that the Electoral Area 'D' and Electoral Area 'C' Advisory Planning Committee meetings had been cancelled for January and therefore Minutes were not available for these Committees. Moved by Director Field Seconded by Director Halvorson That all Minutes listed under Part 7 of the January 23, 2007 agenda of the Electoral Area Services Committee, namely: Area B Advisory Planning Commission January 17, 2007 Area E Advisory Planning Commission January 17, 2007 Area F Advisory Planning Commission January 8, 2007 be RECEIVED for information. PART 8 - BUILDING MATTERS: a. Survey Certificate Submission for New Buildings - Memorandum dated January 10, 2007 from the Chief Building Inspector Moved by Director Kanester Seconded by Director Field That the operational procedure of the Building Inspection Department to allow conditional approval of building foundation construction, subject to timely provision of requisite survey certificates, be continued through the 2007 construction season.

5 Electoral Area Services Committee -5- January 23, 2007 PART 9 - PLANNING MATTERS: a. Development Permit Applications i. SAUNDERS, Brian and Caroline, c/o Henderson Environmental Consulting Ltd. Lot 22, D.L. 1272, O.D.Y.D., Plan 8686, located at 5811 Cosens Bay Road (File B-DP) - Development Services Information Report dated December 21, 2006 Moved by Director Kanester Seconded by Director Field That the Electoral Area Services Committee recommend to the Regional Board that the applicants be notified that because the proposal meets the current setbacks of the Rural Vernon Official Community Plan, Development Permit Area and Zoning Bylaw 1888, 2003; the Regional District raises no objection to the reduction of the Streamside Protection and Enhancement Area (SPEA) setback to approximately 24 metres from the High Water Mark of Kalamalka Lake subject to approval by the Province of the Qualified Environmental Report required under the Riparian Area Regulation; and, It is further recommended that a development permit be issued to Brian and Caroline Saunders for Lot 22, D.L. 1272, O.D.Y.D., Plan 8686, located at 5811 Cosens Bay Road, Electoral Area B to contain the following conditions: 4. Requirements, conditions, or standards applicable pursuant to Section 920 of the Local Government Act: a. No development shall be permitted on the subject property within 30 metres of the high water mark of Kalamalka Lake except in compliance with the provisions of the Provincial Riparian Areas Regulation, B.C. Reg. 376/2004 and amendments thereto in which development means the: removal, alteration, disruption or destruction of vegetation; disturbance of soils; construction or erection of buildings and structures; creation of non structural impervious or semi-impervious surfaces; flood protection works; construction of roads, trails, docks, wharves and bridges; provision and maintenance of sewer and water services; development of drainage systems; development of utility corridors; subdivision as defined in section 872 of the Local Government Act. b. An assessment report shall be prepared by a qualified environmental professional as a condition precedent to issuance of the Development Permit. The report must be prepared and approved in accordance with Section 4(2) of the Provincial Riparian Areas Regulation. Alternately, the owners may seek

6 Electoral Area Services Committee -6- January 23, 2007 authorization from Fisheries and Oceans Canada pursuant to the provisions of Section 4(3) of the Provincial Riparian Areas Regulation. No development or building permit issuance shall be approved unless and until the applicants have satisfied one of these conditions. c. In order to satisfy the requirements of the Rural Vernon Official Community Plan, an environmental protection covenant shall be registered on the title of the subject property as a condition precedent to the issuance of a building permit for the proposed seasonal single family dwelling. The covenant shall contain the following narrative: "Covenant means this Agreement and all the terms, covenants, conditions and restrictions herein contained consisting of Land Title Act Form C, Land Title Act Form D, Land Title Act Form E and this Part 2 all forming part of this document. High Water Mark (HWM) means the visible high water mark of Kalamalka Lake where the presence and action of water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the lake a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself, and includes the active floodplain. Natural Boundary means the visible high watermark of any lake, river, stream, or other body of water where the presence and action of the water are so common and usual and so long continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream, or other body of water a character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself, as defined in Section 1 of the Land Act, and also includes the edge of dormant side channels of any lake, river, stream, or other body of water. Natural Vegetation means all native trees, shrubs, bushes, ground cover, vegetation or any other form of plant life. Stream means a natural watercourse or source of water supply, whether usually containing water or not, ground water, and a lake, river, creek, spring, ravine, swamp and gulch. For the purposes of this document, the definition of stream includes all watercourses that may be considered to be fish habitat, including channelized streams and ditches. 1. The Covenantor covenants and agrees with each Covenantee that: With Respect to Environmental Protection:

7 Electoral Area Services Committee -7- January 23, 2007 (a) (b) (c) (d) with the exception of the existing retaining wall, existing dock and the existing beach access, no Natural Vegetation shall be removed or degraded within a horizontal distance of 15 metres from the Natural Boundary of Kalamalka Lake and areas offshore of the Natural Boundary of Kalamalka Lake nor shall any development occur which will preclude growth of Natural Vegetation except with the written authorization of Fisheries and Oceans Canada and the Ministry of Environment; and no dumping, landfills, or other form of vegetation removal shall be permitted to occur within the area described in 1(a); and except for the construction identified in 1(a) above, no building or structure or any part thereof, including any fixed equipment or modular home shall be constructed, reconstructed, moved, extended or located, nor shall any landfill, land clearing or other disturbance take place within a horizontal distance of 15 metres from the Natural Boundary of Kalamalka Lake; and the Covenantor shall ensure that any clearing and/or excavation or fill done on the subject property shall be completed in such a manner as to ensure that sediment, concrete washwater, leachates or any other substance of any type that may be deleterious to aquatic life shall not be deposited into Kalamalka Lake via ditches, storm sewers or overland flow, and the Covenantor shall further ensure that all construction and excavation wastes, overburden, soil or any other substances that may be deleterious to aquatic life shall be disposed of or placed in such a manner as to prevent their entry into any stream, water course or storm sewer system. d. The Covenantor shall, at the expense of the Covenantor, register a priority agreement against the title of the subject lands, giving the above covenant priority over any financial charges registered against the property. e. A storm water management plan shall be prepared by a professional engineer to provide for the control of run-off from the areas around the proposed seasonal single family dwelling that will be disturbed during and after the period of construction of the garage. Storm water outlet facilities shall not be installed directly into Kalamalka Lake or into a tributary watercourse, drainage ditch or gully except where a stormwater renovation system is being implemented. The General Manager of Community and Infrastructure Services for the Regional District must approve the stormwater management plan as a condition precedent to the issuance of a building permit for the proposed

8 Electoral Area Services Committee -8- January 23, 2007 seasonal single family dwelling. f. A domestic water system shall be installed to provide adequate quantities of potable water for the proposed seasonal single family dwelling and this water system shall meet the requirements of the appropriate Federal and Provincial agencies. If a new water intake is required into Kalamalka Lake then the plans for said construction must be submitted to the Department of Fisheries and Oceans for their comments prior to construction. g. A means of sewage disposal shall be installed to provide an adequate method for the disposal of sewage effluent and where a Sewage Disposal Permit has been refused by the Interior Health Authority or the Ministry of Water, Land and Air Protection, on-site sewage disposal shall be refused and the Regional Board may, notwithstanding other provisions in this permit, grant the use of holding tanks under the provisions of the "Regional District of North Okanagan Holding Tank Sewage Disposal Bylaw No. 671, 1985". h. In order to satisfy the requirements of Policy M.13 of the Rural Vernon Official Community Plan a wildfire interface covenant shall be registered on the title of the subject property as a condition precedent to the issuance of a building permit for the proposed seasonal single family dwelling. The covenant shall contain the following narrative: 1. With respect to Wildfire Interface Protection 1.1 In this Agreement, the below words and phrases will, unless there is something inconsistent in the context, have the meanings as stated. 1.2 Improvement means and includes, but is not limited to the buildings and outbuildings appurtenant thereto, storage areas and any structures of any type or kind located on the Lands. 1.3 Lands means lands identified in the Kamloops Land Title Office as follows: Lot 22, District Lot 1272, O.D.Y.D., Plan Terms mean the conditions, covenants, restrictions and reservations contained in this Wildfire Restrictive Covenant. 2. Condition Precedent to Occupancy Permit Issuance

9 Electoral Area Services Committee -9- January 23, Design. Prior to the occupancy or habitation of any seasonal single family dwelling on the Lands the Covenantor covenants and agrees that the following shall be implemented: A. The Covenantor will in an area of 10 meters in all directions from any structure built on flat ground and except within those areas described in clause 1.(a) of the Environmental Protection covenant i. Dispose of accumulation of small branches and Ponderosa pine needles on the ground annually to prevent the spreading of fire on the ground or up the trees. ii. Remove standing dead and dying trees, and large, sound logs iii. on the ground. Keep leaves, needles, and moss accumulations from roofs and gutters at all times. iv. Store firewood and other flammable materials at least 10 meters away from the house, not under decks or soffits. v. Retention of conifers within this area should be evaluated by a Registered Professional Forester on a site-specific basis. vi. Use pea-gravel or non-flammable types of ground cover rather than bark mulch. vii. Plant low-growing (<0.5m tall) shrubs only around the house. Deciduous trees are favoured for landscape plantings. Replace highly flammable trees such as Western Red Cedar, hemlocks, spruces and firs with deciduous trees, or larches. viii. Maintain an irrigated lawn within this area. B. The Covenantor will, except in those areas described in clause 1(a) of the Environmental Protection covenant, in an outward concentric circle for another 20 meters past the aforementioned 10 meters in paragraph 3.1, or to the property line if the lot is less than 200 meters wide: i. Space trees so that there is a minimum of 3 meters between the crowns of trees. Select the larger trees for retention. Priority is given to Aspen, poplar, maples and birches over conifers. ii. Prune all branches that are within 3 meters of the ground and remove this debris. iii. Remove all sound-woody debris on the ground. iv. Remove standing dead and dying trees. v. Maintain the prescribed spacing between trees as they continue to grow.

10 Electoral Area Services Committee -10- January 23, 2007 C. Driveways must be of a sufficient width to accommodate emergency vehicles entry to the Lands and there must be a sufficiently cleared area on the Lands to permit a fire truck to turn around. 2.2 Signs. The Covenantor acknowledges and agrees that the address signs shall be provided in accordance with paragraph 2.3 of this agreement. 3. Indemnity 3.1 The Covenantor, on behalf of itself and its successors and assigns, acknowledges that the Regional District does not represent to the Covenantor or any other person that any Improvements including buildings or any other structures, including the contents of them, built, constructed or placed on the Lands will not be damaged by wildfire, and the Covenantor agrees not to claim any damages from the Province of British Columbia or the Regional District or to hold either of them responsible for damages caused by wildfire to the Lands or to any Improvement constructed or located on the Lands or to any contents thereof. 3.2 The Covenantor, on behalf of itself and its successors and assigns with full knowledge of the potential wildfire danger releases and forever discharges the Province of British Columbia and the Regional District from all manner of actions and causes of action, suits, claims and demand which the Covenantor and any of its successors and assigns may have against the Province of British Columbia or the Regional District or its employees, servants or agents for and by reason or either of them for personal injury, death or loss or damage to the Lands, or to any building or to any Improvement, chattel, including the contents of any of them built, constructed or placed within the Lands caused by wildfire. ii. ETHIER, David and Valerie, c/o Henderson Environmental Consulting Ltd. Lot 23, D.L. 1272, O.D.Y.D., Plan 8686 located at 5815 Cosens Bay Road (File B-DP) - Development Services Information Report dated December 21, 2006 Moved by Director Kanester Seconded by Director Foisy That the Electoral Area Services Committee recommend to the Regional Board that the applicants be notified that because the proposal meets the current setbacks of the Rural Vernon Official Community Plan, Development Permit Area and Zoning Bylaw 1888, 2003; the Regional District raises no objection to the reduction of the Streamside

11 Electoral Area Services Committee -11- January 23, 2007 Protection and Enhancement Area (SPEA) setback to approximately 24 metres from the High Water Mark of Kalamalka Lake subject to approval by the Province of the Qualified Environmental Report required under the Riparian Area Regulation; and, It is further recommended that a development permit be issued to David and Valerie Ethier for Lot 232, D.L. 1272, O.D.Y.D., Plan 8686, located at 5815 Cosens Bay Road, Electoral Area B to contain the following conditions: 4. Requirements, conditions, or standards applicable pursuant to Section 920 of the Local Government Act: a. No development shall be permitted on the subject property within 30 metres of the high water mark of Kalamalka Lake except in compliance with the provisions of the Provincial Riparian Areas Regulation, B.C. Reg. 376/2004 and amendments thereto in which development means the: removal, alteration, disruption or destruction of vegetation; disturbance of soils; construction or erection of buildings and structures; creation of non structural impervious or semi-impervious surfaces; flood protection works; construction of roads, trails, docks, wharves and bridges; provision and maintenance of sewer and water services; development of drainage systems; development of utility corridors; subdivision as defined in section 872 of the Local Government Act. b. An assessment report shall be prepared by a qualified environmental professional as a condition precedent to issuance of the Development Permit. The report must be prepared and approved in accordance with Section 4(2) of the Provincial Riparian Areas Regulation. Alternately, the owners may seek authorization from Fisheries and Oceans Canada pursuant to the provisions of Section 4(3) of the Provincial Riparian Areas Regulation. No development or building permit issuance shall be approved unless and until the applicants have satisfied one of these conditions. c. In order to satisfy the requirements of the Rural Vernon Official Community Plan, an environmental protection covenant shall be registered on the title of the subject property as a condition precedent to the issuance of a building permit for the proposed seasonal single family dwelling. The covenant shall contain the following narrative: "Covenant means this Agreement and all the terms, covenants, conditions and restrictions herein contained consisting of Land Title Act Form C, Land Title Act Form D, Land Title Act Form E and this Part 2 all forming part of this

12 Electoral Area Services Committee -12- January 23, 2007 document. High Water Mark (HWM) means the visible high water mark of Kalamalka Lake where the presence and action of water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the lake a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself, and includes the active floodplain. Natural Boundary means the visible high watermark of any lake, river, stream, or other body of water where the presence and action of the water are so common and usual and so long continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream, or other body of water a character distinct from that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself, as defined in Section 1 of the Land Act, and also includes the edge of dormant side channels of any lake, river, stream, or other body of water. Natural Vegetation means all native trees, shrubs, bushes, ground cover, vegetation or any other form of plant life. Stream means a natural watercourse or source of water supply, whether usually containing water or not, ground water, and a lake, river, creek, spring, ravine, swamp and gulch. For the purposes of this document, the definition of stream includes all watercourses that may be considered to be fish habitat, including channelized streams and ditches. 1. The Covenantor covenants and agrees with each Covenantee that: With Respect to Environmental Protection: (a) (b) (c) with the exception of the existing retaining wall, existing dock and the existing beach access, no Natural Vegetation shall be removed or degraded within a horizontal distance of 15 metres from the Natural Boundary of Kalamalka Lake and areas offshore of the Natural Boundary of Kalamalka Lake nor shall any development occur which will preclude growth of Natural Vegetation except with the written authorization of Fisheries and Oceans Canada and the Ministry of Environment; and no dumping, landfills, or other form of vegetation removal shall be permitted to occur within the area described in 1(a); and except for the construction identified in 1(a) above, no building or structure or any part thereof, including any fixed equipment or modular home shall be constructed, reconstructed, moved, extended

13 Electoral Area Services Committee -13- January 23, 2007 or located, nor shall any landfill, land clearing or other disturbance take place within a horizontal distance of 15 metres from the Natural Boundary of Kalamalka Lake; and (d) the Covenantor shall ensure that any clearing and/or excavation or fill done on the subject property shall be completed in such a manner as to ensure that sediment, concrete washwater, leachates or any other substance of any type that may be deleterious to aquatic life shall not be deposited into Kalamalka Lake via ditches, storm sewers or overland flow, and the Covenantor shall further ensure that all construction and excavation wastes, overburden, soil or any other substances that may be deleterious to aquatic life shall be disposed of or placed in such a manner as to prevent their entry into any stream, water course or storm sewer system. d. The Covenantor shall, at the expense of the Covenantor, register a priority agreement against the title of the subject lands, giving the above covenant priority over any financial charges registered against the property. e. A storm water management plan shall be prepared by a professional engineer to provide for the control of run-off from the areas around the proposed seasonal single family dwelling that will be disturbed during and after the period of construction of the garage. Storm water outlet facilities shall not be installed directly into Kalamalka Lake or into a tributary watercourse, drainage ditch or gully except where a stormwater renovation system is being implemented. The General Manager of Community and Infrastructure Services for the Regional District must approve the stormwater management plan as a condition precedent to the issuance of a building permit for the proposed seasonal single family dwelling. f. A domestic water system shall be installed to provide adequate quantities of potable water for the proposed seasonal single family dwelling and this water system shall meet the requirements of the appropriate Federal and Provincial agencies. If a new water intake is required into Kalamalka Lake then the plans for said construction must be submitted to the Department of Fisheries and Oceans for their comments prior to construction. g. A means of sewage disposal shall be installed to provide an adequate method for the disposal of sewage effluent and where a Sewage Disposal Permit has been refused by the Interior Health Authority or the Ministry of Water, Land and Air Protection, on-site sewage disposal shall be refused and the Regional Board may, notwithstanding other provisions in this permit, grant the use of holding tanks under the provisions of the "Regional District of North

14 Electoral Area Services Committee -14- January 23, 2007 Okanagan Holding Tank Sewage Disposal Bylaw No. 671, 1985". h. In order to satisfy the requirements of Policy M.13 of the Rural Vernon Official Community Plan a wildfire interface covenant shall be registered on the title of the subject property as a condition precedent to the issuance of a building permit for the proposed seasonal single family dwelling. The covenant shall contain the following narrative: 1. With respect to Wildfire Interface Protection 3.3 In this Agreement, the below words and phrases will, unless there is something inconsistent in the context, have the meanings as stated. 3.4 Improvement means and includes, but is not limited to the buildings and outbuildings appurtenant thereto, storage areas and any structures of any type or kind located on the Lands. 3.5 Lands means lands identified in the Kamloops Land Title Office as follows: Lot 23, District Lot 1272, O.D.Y.D., Plan Terms mean the conditions, covenants, restrictions and reservations contained in this Wildfire Restrictive Covenant. 4. Condition Precedent to Occupancy Permit Issuance 4.1 Design. Prior to the occupancy or habitation of any seasonal single family dwelling on the Lands the Covenantor covenants and agrees that the following shall be implemented: B. The Covenantor will in an area of 10 meters in all directions from any structure built on flat ground and except within those areas described in clause 1.(a) of the Environmental Protection covenant i. Dispose of accumulation of small branches and Ponderosa pine needles on the ground annually to prevent the spreading of fire on the ground or up the trees. ii. Remove standing dead and dying trees, and large, sound logs on the ground. iii. Keep leaves, needles, and moss accumulations from roofs and gutters at all times.

15 Electoral Area Services Committee -15- January 23, 2007 iv. Store firewood and other flammable materials at least 10 meters away from the house, not under decks or soffits. v. Retention of conifers within this area should be evaluated by a Registered Professional Forester on a site-specific basis. vi. Use pea-gravel or non-flammable types of ground cover rather than bark mulch. vii. Plant low-growing (<0.5m tall) shrubs only around the house. Deciduous trees are favoured for landscape plantings. Replace highly flammable trees such as Western Red Cedar, hemlocks, spruces and firs with deciduous trees, or larches. viii. Maintain an irrigated lawn within this area. D. The Covenantor will, except in those areas described in clause 1(a) of the Environmental Protection covenant, in an outward concentric circle for another 20 meters past the aforementioned 10 meters in paragraph 3.1, or to the property line if the lot is less than 200 meters wide: i. Space trees so that there is a minimum of 3 meters between the crowns of trees. Select the larger trees for retention. Priority is given to Aspen, poplar, maples and birches over conifers. ii. Prune all branches that are within 3 meters of the ground and remove this debris. iii. Remove all sound-woody debris on the ground. iv. Remove standing dead and dying trees. v. Maintain the prescribed spacing between trees as they continue to grow. E. Driveways must be of a sufficient width to accommodate emergency vehicles entry to the Lands and there must be a sufficiently cleared area on the Lands to permit a fire truck to turn around. 4.2 Signs. The Covenantor acknowledges and agrees that the address signs shall be provided in accordance with paragraph 2.3 of this agreement. 5. Indemnity 5.1 The Covenantor, on behalf of itself and its successors and assigns, acknowledges that the Regional District does not represent to the Covenantor or any other person that any Improvements including buildings or any other structures, including the contents of them, built, constructed or placed on the Lands will not be damaged by wildfire, and the Covenantor agrees not to claim any damages

16 Electoral Area Services Committee -16- January 23, 2007 from the Province of British Columbia or the Regional District or to hold either of them responsible for damages caused by wildfire to the Lands or to any Improvement constructed or located on the Lands or to any contents thereof. 5.2 The Covenantor, on behalf of itself and its successors and assigns with full knowledge of the potential wildfire danger releases and forever discharges the Province of British Columbia and the Regional District from all manner of actions and causes of action, suits, claims and demand which the Covenantor and any of its successors and assigns may have against the Province of British Columbia or the Regional District or its employees, servants or agents for and by reason or either of them for personal injury, death or loss or damage to the Lands, or to any building or to any Improvement, chattel, including the contents of any of them built, constructed or placed within the Lands caused by wildfire. iii. MILLER HOLDINGS LTD., c/o Manfred s Auto Body Ltd. - Lot 7, Section 11, Township 8, O.D.Y.D., Plan 25512, located at 6252 Pleasant Valley Road (File B-DP) - Development Services Information Report dated January 5, 2007 Moved by Director Kanester Seconded by Director Field That the Electoral Area Services Committee recommend to the Regional Board that a development permit be issued to Miller Holdings Ltd. to permit the construction of a 301 square metre (3,240 square foot) building addition on Lot 7, Section 11, Township 8, O.D.Y.D., Plan 25512, located at 6252 Pleasant Valley Road, Electoral Area B. It is further recommended that the permit contain the following conditions: 4. Requirements, conditions, or standards applicable pursuant to Section 920 of the Local Government Act: a. The form and character of the proposed development shall be as shown on Schedules A.1 and A.2 which are attached to and form part of this permit. b. Screening must be provided in accordance with the provisions of Section 1501 of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 if the storage of materials is proposed outside the proposed building. c. Landscaping must be provided in accordance with the provisions of Section 1501 of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003.

17 Electoral Area Services Committee -17- January 23, 2007 d. Parking shall be provided in accordance with the provisions of Schedule B (Section 1101 Off-Street Parking) of the Regional District of North Okanagan Zoning Bylaw 1888, 2003 and signage shall be installed to direct patrons to the parking area at the rear of the building. e. Signage must conform with the provisions of Section 1401 of the Regional District of North Okanagan Zoning Bylaw No. 1888, f. All requirements of Greater Vernon Water shall be satisfied prior to issuance of Building Permits for the proposed construction. Provision of a fire hydrant with adequate fire flows and/or adequate water supply for a building sprinkler system shall be satisfied prior to issuance of Building Permits for the proposed construction. g. A means of sewage disposal shall be installed to provide an adequate method for the disposal of sewage effluent from the proposed addition (which includes a bathroom) and a professional engineer must design the sewage disposal system. In this regard, a study of subsurface soil conditions shall be undertaken by the engineer to determine the soil suitability for the proposed system. The engineered sewage disposal plan must be approved by the Interior Health Authority as a condition precedent to the issuance of a building permit for the proposed addition and the Interior Health Authority may require that a covenant be registered on the title of the subject property to provide for and protect a separate, back-up, sewage drain field area. Where a Sewage Disposal Permit has been refused by the Interior Health Authority the Regional Board may grant the use of a holding tank under the provisions of the "Regional District of North Okanagan Holding Tank Sewage Disposal Bylaw No. 671, 1985". Prior to occupancy of the addition, the Interior Health Authority will require as built plans and a letter of certification for the sewage system. h. A storm water management plan shall be prepared by a professional engineer to provide for the control of run-off from parking areas, internal roadways, and buildings during and after the period of construction of the proposed addition. Storm water outlet facilities shall not be installed directly into Swan Lake or into a tributary watercourse, drainage ditch or gully except where a stormwater renovation system is being implemented. The General Manager of Community and Infrastructure Services for the Regional District must approve the stormwater management plan as a condition precedent to the issuance of a building permit for the proposed development.

18 Electoral Area Services Committee -18- January 23, 2007 i. Security in an amount equal to 1.25 times the estimated cost of the paving, landscaping, and storm water management works shall be provided to the Regional District as a condition precedent to the issuance of a building permit for the proposed development. Estimates shall be prepared by qualified paving, landscaping and engineering contractors. The security shall be an irrevocable letter of credit in favour of the Regional District and the letter of credit must contain a self-renewal clause to ensure that the funds are available to the Regional District pending completion of the project. j. The project and all associated works and services shall be completed within one year of the date of issuance of this permit. b. Development Variance Permit Applications i. ILLOT, David Lot A, Section 30, Township 18, Range 7, W6M, K.D.Y.D., Plan KAP60586, located at 28 Hazelwood Road (File F-DVP) - Development Services Information Report dated January 4, 2007 Moved by Director Halvorson Seconded by Director Kanester That the Electoral Area Services Committee recommend to the Regional Board that upon consideration of input from adjacent landowners, a Development Variance Permit NOT be issued to David Illot to: 1) reduce the front yard setback from 7 metres to 4.8 metres, and, 2) reduce the side yard setback from 4.5 metres to 0.2 metres for Lot A, Section 30, Township 18, Range 7, W6M, K.D.Y.D., Plan KAP60586, located at 28 Hazelwood Road, Electoral Area F. c. Agricultural Land Commission Applications i. BDS DEVELOPMENTS LTD. Proposal to exclude a number of properties in the Old Kamloops Road from the Agricultural Land Reserve (File B-ALR) - Development Services Information Report dated January 9, 2007 Moved by Director Kanester Seconded by Director Halvorson That the Electoral Area Services Committee recommend to the Regional Board that the application of BDS Developments Ltd. to exclude from the Agricultural Land Reserve a number of properties located on Old Kamloops Road in Electoral Area B, namely: Lot 1 Plan 1859, D.L. 38 and Sec. 10, Tp. 8, O.D.Y.D., Except Plan B6826, and

19 Electoral Area Services Committee -19- January 23, 2007 Lot 2, Plan 1859, D.L. 38 and Sec. 10, Tp. 8, O.D.Y.D., Except Plans B7481 and 33120, and Lot 3, Plan 1859, D.L. 38 and Sec. 10, Tp. 8, O.D.Y.D., and The North ½ of Lot 4 Plan 1859 shown on Plan B4127, Sec. 10, Tp. 8, O.D.Y.D., and The South ½ of Lot 4 Plan 1859 shown on Plan 4127 together with the right of way privileges reserved in D.D E, D.L. 38 and Sec. 10, Tp. 8, O.D.Y.D., and Parcel A (DD46404E and Plan B6826) of Lot 1, Plan 1859, Sec. 10, Tp. 8, O.D.Y.D. NOT BE AUTHORIZED for submission to the Agricultural Land Commission under Section 30(4) of the Agricultural Land Commission Act.

20 Electoral Area Services Committee -20- January 23, 2007 d. Subdivision (Waiver of Lot Frontage) i. OLIVER, Larry and Loretta West ½ of the SW ¼ of Section 27, Township 18, Range 9, W6M, K.D.Y.D., located at 334 Gunter-Ellison Road (File F-SUB) - Development Services Information Report dated January 2, 2007 Moved by Director Halvorson Seconded by Director Kanester That the Electoral Area Services Committee recommend to the Regional Board that the ten percent minimum lot frontage requirement of Section of Zoning Bylaw No. 1888, 2003 be waived in this instance and the frontage for the Remainder of Part of the West. ½ of the SW ¼ of Section 27, Township 18, Range 9, W6M, K.D.Y.D., located at 334 Gunter-Ellison Road, Electoral Area F, be reduced from metres to 41.8 meters. PART 10 - CORRESPONDENCE: a. Electoral Area Services Committee meeting dates Moved by Director Field Seconded by Director Halvorson That the schedule of 2007 meeting dates for the Electoral Area Services Committee be received for information. PART 11 - BYLAWS and RESOLUTIONS: a. Amendments to Building Bylaw No. 1747, Memorandum dated January 15, 2007 from the Chief Building Inspector Moved by Director Field Seconded by Director Kanester That the memorandum dated January 15, 2007 from the Chief Building Inspector re: Amendments to Building Bylaw No. 1747, 2003 be received for information and that staff be directed to bring forward the appropriate bylaw amendment to incorporate the changes recommended by the Chief building Inspector, namely: - That Section 615 be amended to delete the words " a property outside the 'Residential Zones' in the City of Armstrong as defined n the Armstrong Zoning Bylaw " and insert the words " the City of Armstrong " - That Section 617 be amended to delete the words " a property in the 'Residential Zones' in the City of Armstrong as defined in the Armstrong Zoning Bylaw "

21 Electoral Area Services Committee -21- January 23, That Section 623.[2][a] be amended to delete the words " a well driller's pump test " and insert the words " a record of a water well capacity test conducted by a Qualified Well Driller, as defined in the Water Act " - That Section 623.[2][b] be amended to delete the words " a well driller's pump test " and insert the words " a record of a water well capacity test conducted by a Qualified Well Driller or a Qualified Pump Installer, as defined in the Water Act " - Amend Section 626.[3][a] to delete the words " Safe Drinking Water Regulations" [Health Act Regulation 230/92]" and insert the words "..regulations of the Drinking Water Protection Act " - That Section 628 be amended to insert between the words "building or structure," and "the occupancy of which" the words " except for additions or alterations to an existing residential building or structure served by an existing sewage disposal system installed pursuant to the Health Act " - That Section 629.[2] be amended to insert between the words "Sewage Disposal Permit" and "for the discharge of" the words ", or a completed Filing of a Record of Sewerage System thereof, " - That Section 821. be amended to retain the current wording of "Prior to the issuance of an Occupancy Permit for:" and create a subsection 821.[1] to include the wording currently located in Section 821. from " a complex building " to " as the Building Code may require." and create a subsection 821.[2] to include the wording " for a building or structure which will generate sewage, the owner shall provide to the Building Official an Operating Permit or a completed Filing of a Letter of Certification pursuant to the Health Act or the Waste Management Act for a sewerage system, or a confirmation of acceptable connection to a Community Sewer System from a Community Sewer System Utility." - That Appendix "2" be revised to: 1. delete the previously established ground snow value f "2.0 KPa" for the Swan Lake/BX area and insert the ground snow value of "2.2 Kpa". 2. delete the hourly wind pressures previously established for the Swan Lake/BX and insert an hourly wind pressure 1/10 KPa of "0.32" and an hourly wind pressure of 1/100 KPa of "0.44 KPa" and to delete the previously established annual rain value of "381 mm" for the Swan Lake/BX area and insert an annual rain value of "350 mm." 3. insert a "Spallumcheen South" area within the appendix and insert the ground snow load value of "2.6 KPa" and the rain load value of "0.1 KPa". b. Amendment Bylaw No. 2223, Sewage Disposal Policies Areas D and E Official Community Plan

22 Electoral Area Services Committee -22- January 23, Memorandum dated January 12, 2007 from the Planning Technologist The Development Services Manager advised the Committee the Electoral Areas D and E Official Community Plan Amendment Bylaw No. 2223, 2007 had been drafted to address effluent discharge into watercourses. He further advised that Areas 'B' and 'C' fall under Okanagan Basin Water Board policies which prohibit direct sewage discharge from private systems. He noted that Area 'F' was, however, not included in the proposed amendment and was not in the Okanagan Basin Water Board. Moved by Director Foisy Seconded by Director Kanester That the Electoral Areas Services Committee recommend to the Regional Board that: 1. the Electoral Areas D and E Official Community Plan Amendment Bylaw No. 2223, 2007 be forwarded to the Regional Board for 1 st and 2 nd readings and referral to Public Hearing; and for consideration from the Regional Board as to which municipalities, agencies and organizations should be consulted with respect to this Official Community Plan amendment and whether opportunities for consultation should be early and ongoing; AND further that 2. Staff be directed to prepare an amendment Bylaw to address sewage disposal policies in Electoral Area 'F'". Moved by Director Field Seconded by Director Halvorson That staff be directed to draft an amendment Bylaw similar to Electoral Areas D and E Official Community Plan Amendment Bylaw No. 2223, 2007 to address sewage disposal policies in Electoral Area 'F'". PART 12 - NEW and UNFINISHED BUSINESS: a. Terms of Reference Electoral Area Services Committee - Terms of Reference circulated by the Administrator The Administrator circulated an amended Terms of Reference. He advised that a minor amendment was noted based on advice received from legal counsel. Moved by Director Halvorson Seconded by Director Field That the Electoral Area Services Committee receive the Terms of Reference as amended for information.

23 Electoral Area Services Committee -23- January 23, 2007 b Budgets i. Small Scale Salvage (650) - Memorandum dated January 16, 2007 from the Chief Financial Officer Moved by Director Field Seconded by Director Halvorson That the Electoral Area Services Committee recommend to the Regional Board that the second draft of the financial plan for Small Scale Salvage (650) be approved, subject to year end adjustments and finalization of overhead charges, and that it be forwarded to the Finance Department for inclusion in the Regional District s 2007 Financial Plan. ii. Silver Star Administration (015) - Memorandum dated January 17, 2007 from the Chief Financial Officer Moved by Director Field Seconded by Director Halvorson That the Electoral Area Services Committee recommend to the Regional Board that the second draft of the financial plan for Silver Star Administration (015) be approved, subject to year end adjustments and finalization of overhead charges, and that it be forwarded to the Finance Department for inclusion in the Regional District s 2007 Financial Plan. iii. BX Walkway (162) - Memorandum dated January 17, 2007 from the Chief Financial Officer Moved by Director Field Seconded by Director Halvorson That the Electoral Area Services Committee recommend to the Regional Board that the draft of the financial plan for BX Walkway (162) be approved, subject to year end adjustments and finalization of overhead charges, and that it be forwarded to the Finance Department for inclusion in the Regional District s 2007 Financial Plan. c. Gas Tax Community Works Projects Grindrod Water System - Memorandum dated January 16, 2007 from the Infrastructure Services Manager Moved by Director Halvorson Seconded by Director Kanester That the Electoral Area Services Committee recommend to the Regional Board that $19,080 be provided to the Grindrod Water Utility from the Community Works Project Funds of the Provincial Gas Tax Rebate Program to deal with operational problems caused by excessive sand in the intake at the water treatment plant.

24 Electoral Area Services Committee -24- January 23, 2007 d. Annual Okanagan Mainline Municipal Association (O.M.M.A.) Convention - Letter dated November 30, 2006 from the City of Merritt, along with attachments - Memorandum dated January 8, 2007 from the Senior Clerk, Administration Chair Fairbairn and Director Halvorson advised that they would attend the Annual Okanagan Mainline Municipal Association [O.M.M.A.] Convention. Moved by Director Halvorson Seconded by Director Fairbairn That the letter dated November 30, 2006 from the City of Merritt and the memorandum dated January 8, 2007 from the Senior Clerk (Administration) regarding the Annual Okanagan Mainline Municipal Association (O.M.M.A.) Convention scheduled for May 2-4, 2007 in Merritt be received for information; AND FURTHER that authority be hereby given for all Electoral Area Directors to attend the O.M.M.A. Convention. e. Highway 97 Border Coalition Society - Letter dated January 9, 2007 from John Slater, Chairman Moved by Director Field Seconded by Director Halvorson That the Electoral Area Services Committee forward the letter dated January 9, 2007 from John Slater, Chairman of the Highway 97 Border Coalition Society regarding the Annual General Meeting scheduled for February 2, 2007 at the Regional District of Central Okanagan to the Regional Board and further that the Regional Board appoint a representative from the Board to attend the Annual General Meeting of the Highway 97 Border Coalition Society scheduled for February 2, 2007 at the Regional District of Central Okanagan. f. Service Review Workshop - Verbal report from the General Manager, Electoral Area Services The General Manager of Electoral Area Services provided a verbal update to the Committee on the process and funding of the services review. He advised that there were 3 main areas for consideration when conducting a review: 1. the review process - whereby the initiating participant outlines their concern and other participants may include their concerns for review as well 2. costs and the allocation of costs for the review 3. opportunity cost staff will be relied upon to perform tasks that would take away from their normal duties, difficult to quantify. The Administrator then provided an overview of the process which would include a workshop for all elected officials.