BOARD of DIRECTORS MEETING Wednesday, February 19, :00 p.m. REGULAR AGENDA CONSOLIDATED

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1 BOARD of DIRECTORS MEETING Wednesday, February 19, :00 p.m. REGULAR AGENDA CONSOLIDATED This document is a consolidation of the above-noted meeting agenda and includes the addition of the document(s) listed below. Note that documents listed below that have been brought forward at the meeting and form a part of the agenda will be found at the back of this agenda package. Agenda Item No. AGENDA ADDITIONS Subject E.14 Southern Interior Local Government Association (SILGA) Resolution

2 REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING Wednesday, February 19, :00 p.m. REGULAR AGENDA A. APPROVAL OF AGENDA 1. Board of Directors February 19, 2014 (Opportunity for Introduction of Late Items) (Opportunity for Introduction of Late Items In Camera Agenda) RECOMMENDATION 1 (Unweighted Corporate Vote Simple Majority) That the Agenda of the February 19, 2014 regular meeting of the Board of Directors be approved as presented. B. ADOPTION OF MINUTES 1. Board of Directors February 5, 2014 RECOMMENDATION 2 Page 1 (Unweighted Corporate Vote Simple Majority) That the minutes of the February 5, 2014 meeting of the Board of Directors be adopted as circulated. C. DELEGATIONS 1. University of British Columbia Okanagan (UBCO) Page 13 Bud Mortenson, Director, University Relations PowerPoint Presentation To provide an update on UBCO's 2013 / 2014 academic year and information about the current Aspire visioning consultations that will help shape UBCO's future plans. D. UNFINISHED BUSINESS

3 Board of Directors Agenda Regular February 19, 2014 E. NEW BUSINESS 1. Bylaw 2606 Zoning Text Amendment MEDICAL MARIHUANA PRODUCTION FACILITIES Staff report dated February 11, 2014 RECOMMENDATION 3 Page 18 (Part 26 Special Voting Includes Electoral Areas Only) That Zoning Text Amendment Bylaw No. 2606, 2013, which proposes to amend the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to establish regulations related to medical marihuana production facilities, be amended to include provisions which: 1. Prohibit medical marihuana production facilities as a Home Occupation; 2. Prohibit medical marihuana production facilities within Commercial, Residential, and Rural Zones outside of the Agricultural Land Reserve; and 3. Establish setbacks and minimum parcel size standards in both the Agricultural Land Reserve and Industrial Zones; and further, That Zoning Text Amendment Bylaw No. 2606, 2013, be amended to include the following: 1. Amend Section 601 Light Industrial (I.1) of Zoning Bylaw No by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 2. Amend Section 601 Light Industrial (I.1) of Zoning Bylaw No by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; 3. Amend Section 602 General Industrial (I.2) of Zoning Bylaw No by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 4. Amend Section 602 General Industrial (I.2) of Zoning Bylaw No by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; 5. Amend Section 603 Industrial Park (I.3) of Zoning Bylaw No by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 6. Amend Section 603 Industrial Park (I.3) of Zoning Bylaw No by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line;

4 Board of Directors Agenda Regular February 19, Amend Section 604 Agricultural Industrial (I.4) of Zoning Bylaw No by adding Section h. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 8. Amend Section 604 Agricultural Industrial (I.4) of Zoning Bylaw No by adding Section i. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; and further, That Zoning Text Amendment Bylaw No. 2606, 2013, be amended as follows: 1. Remove proposed Amendment 3; 2. Amend proposed Amendment 7 by including the provision with a minimum lot size of 8.0 ha (19.77 acres) following the words shall only be permitted on lands ; 3. Amend proposed amendment 9 by including the provision with a minimum lot size of 8.0 ha (19.77 acres) following the words shall only be permitted on lands ; 4. Amend proposed amendment 11 by including the provision with a minimum lot size of 8.0 ha (19.77 acres) following the words shall only be permitted on lands ; and further, That Zoning Text Amendment Bylaw No. 2606, 2013 be given Second Reading, as amended, and be referred to Public Hearing. 2. Bylaw 2618 Zoning Text Amendment GIESBRECHT, A. and G. [File No F-TA] Bylaw 2618, 2014 RECOMMENDATION 4 Page 37 (Part 26 Special Voting Includes Electoral Areas Only) That as recommended by the Electoral Area Advisory Committee, Zoning Text Amendment Bylaw No. 2618, 2014 which proposes to amend the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to permit the retail sale of farm supplies and feed and seed (bagged) within the General Commercial (C.1) zone be given First and Second Readings and referred to a Public Hearing. 3. Bylaw 2619 Rezoning BJC HOLDINGS LTD. INC c/o JM Wood Investments Inc. and W.E Maddox [File No B-RZ] Bylaw 2619, 2014 RECOMMENDATION 5 Page 39 (Part 26 Special Voting Includes Electoral Areas Only) That as recommended by the Electoral Area Advisory Committee, Rezoning Bylaw No. 2619, 2014 which proposes to rezone a portion of the property legally described as Lot 1, Blk 6, Sec 14, Twp 8, ODYD, Plan 749, Except Plans H433 and H16713 and located at 6628 Pleasant Valley Road, Electoral Area B from Country

5 Board of Directors Agenda Regular February 19, 2014 Residential (C.R) to Service Commercial (C.4) be given First and Second Reading and be forwarded to a Public Hearing; and further, That Final Adoption of Rezoning Bylaw No. 2619, 2014 be withheld until: 1. the applicant submits design recommendations from a consulting engineer regarding the proposed on-site sewage disposal system; 2. the applicant registers a covenant against the title of the subject property to restrict permitted uses on the subject property to those which would generate a maximum daily sewage flow of 1400 litres per day or less; 3. the applicant addresses required water system upgrades to the satisfaction of Greater Vernon Water Utility; 4. the applicant registers a covenant against the title of the subject property that would prohibit fee-simple or bareland strata subdivision of the subject property until a community sewer system is available; and 5. the Ministry of Transportation and Infrastructure has endorsed the Bylaw in accordance with the requirements of Section 52(3) of the Transportation Act. 4. Agricultural Land Commission Application GODDARD, G. c/o Julie Ashfield, Simpson Notaries [File No D-ALR] Staff report dated January 20, 2014 Application package available upon request RECOMMENDATION 6 Page 41 (Unweighted Corporate Vote Simple Majority) That as recommended by the Electoral Area Advisory Committee, the matter of Agricultural Land Commission Application G. Goddard c/o Simpson Notary (File No D-ALR) be postponed until the April 3, 2014 Electoral Area Advisory Committee meeting to provide an opportunity for: staff to discuss a voluntary public information meeting with the applicant; the applicant to attend an Electoral Area D Advisory Planning Commission meeting; and, the Electoral Area D Advisory Planning Commission to review the Okanagan Ecovillage Farm - Structure & Management Proposal submitted by the applicant. 5. Business Licenses for Electoral Areas B and C RECOMMENDATION 7 (Weighted Stakeholder Vote Includes Electoral Areas Only) That as recommended by the Electoral Area Advisory Committee, staff be directed to investigate and prepare a report on implementation of a business license program for Electoral Areas B and C.

6 Board of Directors Agenda Regular February 19, Electoral Area D Advisory Planning Commission Appointment RECOMMENDATION 8 (Part 26 Special Voting Includes Electoral Areas Only) That pursuant to Section 8 of Advisory Planning Commission Bylaw No. 1748, 2002, the following person be appointed to the Electoral Area D Advisory Planning Commission for a two year term to expire on December 31, 2015: Melanie Wenzoski. 7. Okanagan Basin Water Board (OBWB) 2014 Water Conservation and Quality Improvement Grants RECOMMENDATION 9 (Customized Stakeholder Vote Includes Coldstream, Vernon and Electoral Areas B and C ) That as recommended by the Electoral Area Advisory Committee and the Greater Vernon Advisory Committee, applications to the Okanagan Basin Water Board 2014 Water Conservation and Quality Improvement Grant be endorsed for the following projects: 1. Water Ambassador Summer Program 2. Water Sustainability Educational Program 3. North Kalamalka Lake Intake Protection Zone Storm Water Reclamation Project 4. Water Quality Monitoring in Cosens Bay 8. Pressure Reducing Valves (PRV) 1 Pump Station 30 Separation of Controls RECOMMENDATION 10 (Customized Stakeholder Vote Includes Coldstream, Vernon and Electoral Areas B and C ) That as recommended by the Greater Vernon Advisory Committee, early budget approval of funds be given for the Pressure Reducing Valves (PRV) 1 Pump Station 30 separation project in the amount of $125,000 of which the additional $65,000 will be funded from 2014 revenue. 9. Pressure Reducing Valves (PRV) 24 Upgrades RECOMMENDATION 11 (Customized Stakeholder Vote Includes Coldstream, Vernon and Electoral Areas B and C ) That as recommended by the Greater Vernon Advisory Committee, early budget approval of funds be given for the Pressure Reducing Valves (PRV) 24 Upgrade project in the amount of $425,000 of which the additional $270,000 will be funded from 2014 revenue.

7 Board of Directors Agenda Regular February 19, Master Water Plan Phase 1 Funding Options RECOMMENDATION 12 (Customized Stakeholder Vote Includes Coldstream, Vernon and Electoral Areas B and C ) That as recommended by the Greater Vernon Advisory Committee, staff be directed to proceed to Referendum to approve borrowing of up to $70 Million dollars to fund Phase 1 of the 2012 Master Water Plan comprising the following projects: Water Supply and Treatment 2012 Cost Estimate (Million) 1. Duteau Creek WTP Stage 1, 110 ML/d $ Aberdeen Dam Improvements Raise Dam by 4 m $ Domestic System Distribution Investments $ Lavington System Separation $ Twinning Transmission Main (Oversizing) $ Okanagan Lake Pump Station $2.6 Total (2012 Cost Estimate) $ Greater Vernon Arts, Culture and Youth Project Grant 2014 Staff report dated January 24, 2014 RECOMMENDATION 13 Page 58 (Customized Stakeholder Vote Includes Coldstream, Vernon and Electoral Areas B and C ) That as recommended by the Greater Vernon Advisory Committee, funding be awarded as outlined in the Greater Vernon Arts, Culture and Youth Project Grant 2014 Report dated January 24, 2014 from the Community Development Coordinator. RECOMMENDATION 14 (Customized Stakeholder Vote Includes Coldstream, Vernon and Electoral Areas B and C ) That as recommended by the Greater Vernon Advisory Committee, $10,000 for the Greater Vernon Arts, Culture and Youth Grant receive early budget approval in the 2014 Financial Plan. 12. Greater Vernon Museum & Archives Board Greater Vernon Advisory Committee Representative Appointment RECOMMENDATION 15 (Customized Stakeholder Vote Includes Coldstream, Vernon and Electoral Areas B and C ) That as recommended by the Greater Vernon Advisory Committee, Director Juliette Cunningham be appointed to the Greater Vernon Museum & Archives Board as the Greater Vernon Advisory Committee Representative.

8 Board of Directors Agenda Regular February 19, Early Budget Approval for Pleasant Valley Road Water Main Replacement Project 41 st. Ave. to 48 th Ave. (excluding 16 th St. to 45 th. Ave.), City of Vernon RECOMMENDATION 16 (Customized Stakeholder Vote Includes Coldstream, Vernon and Electoral Areas B and C ) That as recommended by the Greater Vernon Advisory Committee, early budget approval of funds be given for the Pleasant Valley Road Water Main Replacement Project in the amount of $980,000 which will be funded from 2014 revenue. 14. Southern Interior Local Government Association (SILGA) Resolution RECOMMENDATION 17 (Unweighted Corporate Vote Simple Majority) That as recommended by the Electoral Area Advisory Committee, a resolution be forwarded to the Southern Interior Local Government Association (SILGA) requesting the Ministry of Health initiate legislative change to require the composition of the Interior Health Authority Board to include elected officials. F. BUSINESS ARISING FROM DELEGATIONS G. REPORTS 1. Standing and Select Committees RECOMMENDATION 18 Page 71 (Unweighted Corporate Vote Simple Majority) That the minutes of the following meetings be received for information: Electoral Area Advisory Committee Regular February 6, 2013 (unadopted) Greater Vernon Advisory Committee Regular February 6, 2013 (unadopted) 2. External Committee Reports 3. Administrator s Report 4. Chair s Report

9 Board of Directors Agenda Regular February 19, 2014 H. IN CAMERA RECOMMENDATION 19 (Unweighted Corporate Vote Simple Majority) That, pursuant to Section 92 of the Community Charter, the regular meeting of the Board of Directors convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(e) and (k) of the Community Charter. I. REPORT FROM IN CAMERA J. ADJOURNMENT

10 February 19, Item B.1 REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a REGULAR meeting of the BOARD of DIRECTORS of the REGIONAL DISTRICT OF NORTH OKANAGAN held in the Boardroom at the Regional District Office on Wednesday, February 5, Members: Director R. Fairbairn Electoral Area D Vice Chair Director S. Fowler City of Armstrong Director D. Dirk District of Coldstream Director H. Cyr City of Enderby Alt. Director L. Mindnich Village of Lumby Director J. Brown Township of Spallumcheen Director R. Sawatzky City of Vernon Director C. Lord City of Vernon Alt. Director B. Spiers City of Vernon Director J. Cunningham City of Vernon Director B. Fleming Electoral Area B Director M. Macnabb Electoral Area C Director E. Foisy Electoral Area E Director J. Pearase Electoral Area F Staff: T. Hall Administrator D. Sewell General Manager, Finance L. Mellott General Manager, Electoral Area Administration R. Smailes General Manager, Planning and Building D. McTaggart General Manager, Engineering J. Byron Corporate Officer / Human Resources Manager K. Pinkoski Parks Planner T. Nelson Community Development Coordinator A. Kittel Regional Growth Strategy Coordinator D. Danallanko Recycling and Disposal Facility Operations Manager J. Friesen Bylaw Enforcement Officer L. Schrauwen Temp. Senior Clerk (taking minutes) Also Alt. Director S. Ghattas Electoral Area B Present: Councilor G. Kiss District of Coldstream Councilor M. Besso District of Coldstream Media and Public CALL MEETING TO ORDER The meeting was called to order at 4:00 p.m. The Vice Chair announced that he will be assuming the duties of Chair after the unfortunate passing of Chair Patrick Nicol. The Vice Chair acknowledged the late Chair for his dedication to the Regional District of North Okanagan (RDNO) and the community. The Vice Chair acknowledged Director Cunningham, who is the new representative from the City of Vernon. Page 1 of 80

11 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 The Vice Chair presented an ipad Mini to Karen Ostafew, draw winner for completing a RDNO Recycling and Disposal Facility Customer Satisfaction Survey. Dee Danallanko, of the Finance Department was acknowledged for her 5 year s service with the Regional District of North Okanagan. APPROVAL OF AGENDA Board of Directors February 5, 2014 Moved and seconded by Directors Cunningham and Fleming That the Agenda of the February 5, 2014 regular meeting of the Board of Directors be approved with the following deletion: Item E.11 Amendments to Dog Control Officer Appointments ADOPTION OF MINUTES Board of Directors January 15, 2014 Moved and seconded by Directors Macnabb and Lord That the minutes of the January 15, 2014 meeting of the Board of Directors be adopted as circulated. DELEGATIONS Okanagan Film Commission Jon Summerland, Film Commissioner, provided an overview of 2013 Okanagan Film Commission productions and clients as well as a forecast for The Okanagan Film Commission requested an increase in grant funding from $24,000 to $30,000 for Agricultural Land Commission Application MERTION, K. [File No C-ALR] Klayton and Becky Mertion spoke in favour of their application. UNFINISHED BUSINESS Bylaw 2574 Starling Control Program Grant Service Establishment Moved and seconded by Directors Cunningham and Macnabb That staff be authorized to proceed with obtaining the approval of the electors by Alternative Approval Process for Starling Control Program Grant Service Establishment Bylaw No. 2574, 2013; and Page 2 of 80

12 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 That the deadline for receiving elector responses to be 4:00 p.m. on Wednesday, March 12, 2014 be established; and That the elector response form be approved; and further, That the estimated number of eligible voters to which the alternative approval process applies be established as 62,928, be approved. Bylaw 2603 Electoral Areas "D" and "E" OCP Amendment [Genetically Modified Organisms] Moved and seconded by Directors Foisy and Macnabb That Electoral Areas D and E Official Community Plan Amendment Bylaw No. 2603, 2013 which proposes to amend the Official Community Plan to include Policies regarding Genetically Modified Organisms be amended by including definitions of Genetically Engineered Organisms and Genetically Modified Organisms; and That the words non-genetically engineered (GE) be deleted from the last sentence of Policy and to read as follows: Support local agriculture through favourable consideration of proposals that enhance local agriculture through the strengthening of beneficial agricultural practices, support of local food systems, and the expansion of local markets and agri-tourism. The community supports sustainable, non-genetically engineered (GE), traditional and organic agricultural practices in Electoral Areas D and E ; and That the words The RDNO be deleted and replaced with Electoral Areas D and E and the words genetically engineered (GE) organisms be deleted and replaced with all products in Policy and to read as follows: The RDNO Electoral Areas D and E encourages senior governments to require the labeling of genetically engineered (GE) organisms all products intended for human consumption; and further, That Electoral Areas D and E Official Community Plan Amendment Bylaw No. 2603, 2013 be given Second Reading as amended and referred to Public Hearing. NEW BUSINESS Bylaw 2620 Regional District of North Okanagan Soil Removal and Deposit Moved and seconded by Directors Macnabb and Fleming That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2620, 2014 which proposes to establish regulations related to aggregate extraction and processing, be given First Reading; and That, in accordance with Section 723 of the Local Government Act and Section 9 of the Community Charter, authority be requested from the Minister of Energy and Mines to prohibit extraction and deposition of aggregate resources as represented in Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2620, 2014; and further, That Regional District of North Okanagan Soil Removal and Deposit Bylaw No. 2620, 2014 be referred to Regional District legal counsel, internal departments, Ministry of Energy and Mines, Agricultural Land Commission and various agencies for review and comment prior to consideration of Second Reading. Page 3 of 80

13 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 Bylaw 2621 Regional District of North Okanagan Security Issuing Moved and seconded by Directors Cunningham and Cyr That Regional District of North Okanagan Security Issuing Bylaw No. 2621, 2014 be given First, Second and Third Readings. Moved and seconded by Directors Cunningham and Fowler That Regional District of North Okanagan Security Issuing Bylaw No. 2621, 2014 be Adopted. Signing Authority Regional District of North Okanagan Moved and seconded by Directors Lord and Cyr WHEREAS it is desirable for the Regional District of North Okanagan (hereinafter called the "Corporation") to authorize certain of its officers to, inter alia, sign cheques, deposit promissory notes and cheques, receive paid cheques, obtain and deliver from the Corporation's bankers, copies of all or any stocks and bonds; NOW THEREFORE, the Corporation hereby enacts as follows: That all cheques of the Corporation drawn on its current account be signed on its behalf by Director Rick Fairbairn, Vice-Chair; Mike Macnabb, Director; Trafford Hall, Administrator; David Sewell, General Manager, Finance; and/or Dee Danallanko, Controller; (any two to sign); That Trafford Hall, Administrator; David Sewell, General Manager, Finance; and/or Dee Danallanko, Controller of the Corporation, be and are hereby authorized for and on behalf of the said Corporation to negotiate with, deposit with or transfer to the Bank of Montreal (but for the credit of the said Corporation only) all or any Bills of Exchange, Promissory Notes, Cheques and Orders for the payment of money and other negotiable paper, and for the said purpose to endorse the same or any of them on behalf of the said Corporation, either in writing or by rubber stamp, and further that all cheques under the sum of $50, may be mechanically signed by a cheque-signing machine or other electronic or mechanical means, including Laser Technology, by any of the above officers; That Trafford Hall, Administrator; David Sewell, General Manager, Finance; and/or Dee Danallanko, Controller of the Corporation, be and are hereby authorized for and on behalf of the said Corporation from time to time to arrange, settle, balance, and certify all books and accounts between vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments; That Trafford Hall, Administrator; David Sewell, General Manager, Finance; and/or Dee Danallanko, Controller of the Corporation, be and are hereby authorized for and on behalf of the said Corporation to obtain delivery from the said Bank of all or any stocks, bonds and other securities held by the said Bank in safe-keeping or otherwise for the account of the said Corporation and to give valid and binding receipts therefore; That this resolution be communicated to the said Bank and remain in force until written notice to the contrary shall have been given to the Manager for the time being the Branch of the Bank at which the Account of the said Corporation is kept and receipt of such notice duly acknowledged in writing. Moved and seconded by Directors Cunningham and Sawatzky That the motion be amended by adding Director Fleming as a signing authority. Moved and seconded by Director Lord and Alternate Director Spiers That the motion be amended by deleting the words any two and substituting the words one of the named Directors and one of the named staff members. Page 4 of 80

14 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 Motion as amended: WHEREAS it is desirable for the Regional District of North Okanagan (hereinafter called the "Corporation") to authorize certain of its officers to, inter alia, sign cheques, deposit promissory notes and cheques, receive paid cheques, obtain and deliver from the Corporation's bankers, copies of all or any stocks and bonds; NOW THEREFORE, the Corporation hereby enacts as follows: That all cheques of the Corporation drawn on its current account be signed on its behalf by Director Rick Fairbairn, Vice-Chair; Mike Macnabb, Director; Bob Fleming, Director; Trafford Hall, Administrator; David Sewell, General Manager, Finance; and/or Dee Danallanko, Controller; (one of the named Directors and one of the named staff members to sign); That Trafford Hall, Administrator; David Sewell, General Manager, Finance; and/or Dee Danallanko, Controller of the Corporation, be and are hereby authorized for and on behalf of the said Corporation to negotiate with, deposit with or transfer to the Bank of Montreal (but for the credit of the said Corporation only) all or any Bills of Exchange, Promissory Notes, Cheques and Orders for the payment of money and other negotiable paper, and for the said purpose to endorse the same or any of them on behalf of the said Corporation, either in writing or by rubber stamp, and further that all cheques under the sum of $50, may be mechanically signed by a cheque-signing machine or other electronic or mechanical means, including Laser Technology, by any of the above officers; That Trafford Hall, Administrator; David Sewell, General Manager, Finance; and/or Dee Danallanko, Controller of the Corporation, be and are hereby authorized for and on behalf of the said Corporation from time to time to arrange, settle, balance, and certify all books and accounts between vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments; That Trafford Hall, Administrator; David Sewell, General Manager, Finance; and/or Dee Danallanko, Controller of the Corporation, be and are hereby authorized for and on behalf of the said Corporation to obtain delivery from the said Bank of all or any stocks, bonds and other securities held by the said Bank in safe-keeping or otherwise for the account of the said Corporation and to give valid and binding receipts therefore; That this resolution be communicated to the said Bank and remain in force until written notice to the contrary shall have been given to the Manager for the time being the Branch of the Bank at which the Account of the said Corporation is kept and receipt of such notice duly acknowledged in writing. Agricultural Land Commission Application MERTION, K. [File No C-ALR] Moved and seconded by Directors Macnabb and Fleming That the application of Klayton Mertion under Section 20(3) of the Agricultural Land Commission Act for a non-farm use (removal of 62,900 m 3 of gravel) from the properties legally described as Lot 96, Sec 7, Twp 5, ODYD, Plan 352 AND Lot 111, Sec 7, Twp 5, ODYD, Plan 352 Except Parcels A and B shown on Plan A163 and located at 5801 Brentwood Road, Electoral Area C not be authorized for submission to the Agricultural Land Commission. Opposed: Directors Lord, Cunningham and Brown Agricultural Land Commission Application SMITH, L. and R. [File No D-ALR] Moved and seconded by Directors Cyr and Pearase That consideration of the Agricultural Land Commission Application from Reg and Lynne Smith (File No D-ALR) be postponed pending receipt of a revised subdivision layout from Page 5 of 80

15 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 the applicants which has the proposed lot encompass land of lower agricultural value to retain the higher quality agricultural land (hay field and pasture as identified on the site plan) as one farming unit. Agricultural Land Commission Application DUKHIA, K. [File No B-ALR] Moved and seconded by Directors Cyr and Pearase That consideration of the Agricultural Land Commission application from Kanwaljeet Dukhia (File B-ALR) be postponed until the applicant is available to appear as a Delegation. Development Variance Permit Application / Waiver of Lot Frontage SILVER BIRCH (GP) LTD. [File No C-DVP / C-WVR] Moved and seconded by Directors Macnabb and Fleming That a Development Variance Permit be issued for the properties legally described as Lots 2 and 9, Sec 8, Twp 5, ODYD, Plan KAP47798 and located at 5710 and 5720 Hartnell Road to vary Section 310 of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by waiving the private driveway access requirements for the proposed remainder lots that would be created upon the registration of Phases 1 and 2 as shown on the phased bare land strata subdivision plan attached to the Planning Department Report dated December 11, 2013 in lieu of an access easement and agreement being registered on the titles of the subject properties which outlines the terms associated with the use and maintenance of the access route; and That Lot Frontage Waivers be granted for the properties legally described Lots 2 and 9, Sec 8, Twp 5, ODYD, Plan KAP47798 and located at 5710 and 5720 Hartnell Road to waive Section of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 by reducing the lot frontage requirements for proposed Bare Land Strata Lots 4, 12, 13 and the fee simple remainder lots that would be created upon the registration of Phases 1 and 2 from m, 92.0 m, 96.3 m, m and m to m, 77.7 m, 56.9 m, 0 m and 0 m respectively and as shown on the phased bare land strata subdivision plan attached to the Planning Department Report dated December 11, 2013; and further, That comments received from adjacent land owners be forwarded to the Approving Officer of the Ministry of Transportation and Infrastructure. Electoral Area C Advisory Planning Commission Reappointments Moved and seconded by Directors Macnabb and Foisy That pursuant to Section 8 of Advisory Planning Commission Bylaw No. 1748, 2002, the following persons be reappointed to the Electoral Area C Advisory Planning Commission for a two year term to expire on December 31, 2015: Cliff Day; Ray Ivey; Randy McDermid; and Paul Williamson. Page 6 of 80

16 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 Greater Vernon Governance Society Moved and seconded by Directors Macnabb and Fleming That staff be directed to prepare a response on behalf of Electoral Areas B and C advising that the request from the Greater Vernon Governance Society for Electoral Area B and C to support a review by local and provincial authorities to develop a plan to combine regional governments (City of Vernon, District of Coldstream, Electoral Area B and Electoral Area C ) into a single entity, is denied. Building Inspection Service Moved and seconded by Directors Pearase and Fleming That the Board of Directors be advised that all Electoral Areas support participation in a Regional District function for Building Inspection. Greater Vernon / White Valley Extended Service Area 2013 Animal Control Annual Report Moved and seconded by Directors Macnabb and Cunningham That the report dated January 14, 2014 from the Bylaw Enforcement Officer regarding the Greater Vernon / White Valley Extended Service Area 2013 Animal Control Annual Report be received for information. Regional District of North Okanagan Recycling and Disposal Facility Customer Satisfaction Survey Moved and seconded by Directors Sawatzky and Fleming That the report dated January 14, 2014 from the Recycling and Disposal Facilities Operations Manager regarding the Regional District of North Okanagan Recycling and Disposal Facility Customer Satisfaction Survey be received for information. Request for Greater Vernon Advisory Committee Subcommittees Moved and seconded by Directors Dirk and Macnabb That the matter of the letter dated January 14, 2014 from the District of Coldstream regarding the establishment of subcommittees for the North Okanagan Arts, Youth and Culture Service and Master Water Plan being received for information, be postponed and referred to the Greater Vernon Advisory Committee for clarification. Early Budget Approval McMechan Pump Station Improvements Moved and seconded by Directors Dirk and Sawatzky That early budget approval be given for the supply and installation of a jockey pump and replacement of the Motor Control Central and associated electrical works at the McMechan Pump Station at an estimated cost of $240,000, to be financed by Development Cost Charges (DCC s). Page 7 of 80

17 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 Shuswap Watershed Water Quality Program (SWWQP) Funding Moved and seconded by Directors Pearase and Foisy That staff be directed to provide a response to the Shuswap Lake Integrated Planning Process (SLIPP) advising that the Regional District of North Okanagan (RDNO) will not be a financial partner to the Shuswap Watershed Water Quality Program (SWWQP) in 2014, as the RDNO is currently involved in water quality and environmental initiatives based on its Shuswap River Watershed Sustainability Plan. Appointments to the Board of Directors, Committees and External Agencies Moved and seconded by Directors Pearase and Sawatzky That the following changes to appointments to the Board of Directors, Committees and External Agencies be made: Director Board / Committee / External Agency Director Cunningham Director Sawatzky Director Sawatzky Director Lord Director Fleming (representative) Director Fairbairn (alternate representative) Director O Keefe (alternate representative: at-large) Board of Directors Regional Agricultural Advisory Committee Water Innovation Advisory Committee Municipal Finance Authority Okanagan Basin Water Board Okanagan Basin Water Board Okanagan Basin Water Board Moved and seconded by Directors Macnabb and Sawatzky That the motion be amended by adding the words at-large for Director Fairbairn and Director Macnabb (alternate representative: at-large) for the appointments to the Okanagan Basin Water Board. Motion as amended: That the following changes to appointments to the Board of Directors, Committees and External Agencies be made: Director Board / Committee / External Agency Director Cunningham Director Sawatzky Board of Directors Regional Agricultural Advisory Committee Page 8 of 80

18 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 Director Sawatzky Director Lord Director Fleming (representative) Director Fairbairn (alternate representative: at-large) Director O Keefe (alternate representative: at-large) Director Macnabb (alternate representative: at-large) Water Innovation Advisory Committee Municipal Finance Authority Okanagan Basin Water Board Okanagan Basin Water Board Okanagan Basin Water Board Okanagan Basin Water Board History of Funded Arts, Culture and Youth Organizations Moved and seconded by Directors Dirk and Sawatzky That the report dated December 23, 2013 from the Community Development Coordinator regarding the History of Funded Greater Vernon Arts, Culture and Youth Organizations, be received for information. Caetani Cultural Centre 2014 Facility Funding Moved and seconded by Directors Sawatzky and Dirk That $7,500 be approved in the 2014 Greater Vernon Parks, Recreation and Culture (060) budget for grounds maintenance at the Caetani Cultural Centre. Moved and seconded by Directors Cunningham and Sawatzky That $10,700 be approved for electrical upgrades and furnace replacement at the Caetani Cultural Centre out of the 2014 Greater Vernon Arts, Culture and Youth Project Grant Budget. Planning Process for New Vernon Public Art Gallery and Greater Vernon Museum & Archives Expansion Moved and seconded by Directors Lord and Cunningham That $20,000 be preapproved in the 2014 Greater Vernon Parks, Recreation and Culture budget (060) for Phase 1 of the development of an arts and culture master plan, as outlined in the staff report dated December 31, 2013; and That $80,000 be included in the 2014 Greater Vernon Parks, Recreation and Culture budget (060) for Phase 2 of the development of an arts and culture master plan, as outlined in the staff report dated December 31, 2013; and further, That any decisions on cultural facility development be deferred until the completion of the arts and culture master plan and cultural facility strategic plan. Page 9 of 80

19 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 Sub-Regional Master Parks Plan Development Cost Charge Bylaw Amendment Moved and seconded by Directors Cunningham and Sawatzky That $30,000 be included in the 2014 Capital Budget for the creation of a new Sub-Regional Parks Development Cost Charge Bylaw; and further, That prior to proceeding with the study, the list of land priorities with sub-regional significance be brought forward to the Greater Vernon Advisory Committee and the Board of Directors. Ribbons of Green Trails Plan Moved and seconded by Directors Sawatzky and Macnabb That the relevant sub-regional sections of the Ribbons of Green trails plan as presented be incorporated into the process of developing the Sub-Regional Master Parks Plan Proposed White Valley Parks, Recreation and Culture Budget Moved and seconded by Directors Foisy and Alternate Director Mindnich That the 2014 White Valley Parks, Recreation and Culture budget proposal, as outlined in the report dated December 3, 2013, be approved for inclusion in the 2014 Regional District of North Okanagan Budget with the following amendments: Move the budget for Cherryville Community Preschool Flooring from Capital to the Facility Building Maintenance Operations Budget in the amount of $2,500 Increase the Capital Budget by $25,000 for the Pat Duke hot water tank storage and change room project (identified as a safety item by the Fire Inspector) Increase the White Valley Community Centre Operations Budget by $4,000 to add an additional storage container (c-can) for storage of programming equipment Increase the Parks Supplies Operating Budget by $1,000 to provide for a contribution to the Communities in Bloom application and program in 2014 (Novice Category in cooperation with the Village of Lumby) That $5,000 for the construction of a dehumidifier encasing for the Pat Duke Arena receive early approval in the 2014 budget. Feasibility Report Social Media Program for White Valley Parks, Recreation and Culture Moved and seconded by Alternate Director Mindnich and Director Foisy That staff be directed to prepare a Feasibility Report on a Social Media Program for White Valley Parks, Recreation and Culture. Call for Resolutions Southern Interior Local Government Association (SILGA) It was noted that Directors may submit resolutions for SILGA to staff for inclusion on the February 19, 2014 Board of Directors Agenda. The deadline for resolutions to be submitted to SILGA is Friday, February 28, Call for Nominations Southern Interior Local Government Association (SILGA) It was noted that Directors may submit nominations for SILGA to staff for inclusion on the February 19, 2014 Board of Directors Agenda. The deadline for resolutions to be submitted to SILGA is Friday, February 28, Page 10 of 80

20 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 REPORTS Standing and Select Committees Moved and seconded by Directors Sawatzky and Dirk That the minutes of the following meetings be received for information: Electoral Area Advisory Committee Regular January 16, 2014 (unadopted) Greater Vernon Advisory Committee Regular January 16, 2014 (unadopted) Regional Agricultural Advisory Committee January 23, 2014 (unadopted) White Valley Parks, Recreation and Culture Advisory Committee Regular January 13, 2014 (unadopted) White Valley Parks, Recreation and Culture Advisory Committee Regular December 9, 2013 (unadopted) External Committee Reports Director Cunningham provided an update regarding the Okanagan Basin Water Board. Administrator s Report Scheduling a meeting with the Ministry of Community, Sport and Cultural Development regarding the requirement of consent for necessary water projects Recreation Facilities Contract proceeding Royal Bank of Canada Cup Contract signed Building inspection service Multi-Materials British Columbia (MMBC) Chair s Report The Corporate Officer provided direction to Board members regarding adding items / recommendations to the Board of Directors and Committee Agendas. IN CAMERA Moved and seconded by Directors Pearase and Cyr That, pursuant to Section 92 of the Community Charter, the regular meeting of the Board of Directors convene In Camera to deal with matters deemed closed to the public in accordance with Section 90(1)(e) and (g) of the Community Charter. The regular meeting of the Board of Directors adjourned to meet In Camera at 6:11 p.m. The regular meeting of the Board of Directors reconvened at 6:35 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 6:35 p.m. Page 11 of 80

21 February 19, Item B.1 Board of Directors Minutes Regular February 5, 2014 CERTIFIED CORRECT Vice Chair Rick Fairbairn Corporate Officer Jeanne Byron Page 12 of 80

22 REGIONAL DISTRICT OF NORTH OKANAGAN REQUEST TO APPEAR AS A DELEGATION BOARD of DIRECTORS - REGULAR AGENDA February 19, Item C.1a Type of Meeting: Board of Directors Electoral Area Advisory Regional Growth Management Meeting Date Requested: Greater Vernon Advisory White Valley Parks & Rec Other Name of Person or Group Making Presentation: Contact Information: First Name: Street Address: City: Province: Phone: Bud X Last Name: Postal Code: (Please Print) In order that we may process your request, please indicate which department and / or staff member you have been in contact with: Subject of Presentation: 3333 University Way Kelowna BC bud.mortenson@ub.ca February 19, 2014 Bud Mortenson, Director, University Relations Mortenson V1V 1V7 An update on UBC Okanagan's 2013/2014 academic year, and information about the current Aspire visioning consultations that will help shape UBCO's future plans. Purpose of Presentation: X Information only Request Funding Request a Letter of Support Other (provide details) Are there any deadlines around your request? yes no Deadline Date: Will you be providing supporting documentation? yes no If yes: X provide handouts at meeting included in agenda (submit one copy no later than 10 days prior to your requested appearance) Technical Requirements: Will you be using a PowerPoint presentation? yes no If yes, you are required to submit your presentation prior to the meeting date to allow sufficient time to transfer the presentation onto the Boardroom computer and to ensure that your software requirement is compatible with the Regional District s software system. Following receipt of your request, your information will be reviewed by the Corporate Officer and you will be notified as to how your request will proceed. Be advised that submission of your request does not constitute approval to appear. If you receive confirmation that your request has been approved or denied, you will be advised as such. If you receive approval to appear as a delegation, you will be provided with the date, time and location of the meeting. Reviewed and Approved to Appear as a Delegation INTERNAL USE ONLY Please note that all information provided on the request form will be included in a public meeting agenda and as such considered a matter of public information. X x Page 13 of 80 X

23 February 19, Item C.1b UBC Okanagan Update 2/12/2014 UBC s Okanagan campus Regional District of North Okanagan February 19, 2014 Okanagan Campus Growth acres 500,000 square feet 328 residence beds O i $45 2M acres 1.5M square feet 1,676 residence beds $116M 2013/14 Operating $45.2M $116M 2013/14 Page 14 of 80 1

24 February 19, Item C.1b UBC Okanagan Update 2/12/2014 Economic Impact $1.45 billion annual economic impact $356M in direct spending $79M in salaries and benefits $52M in additional student spending Research Activity $14.5M in research funding for 606 projects 2012/13 Research collaboration throughout the Okanagan More than 60 Engage Grant research partnerships Bourcet Engineering AcuTruss Industries Ltd. Page 15 of 80 2

25 February 19, Item C.1b UBC Okanagan Update 2/12/2014 Community connections Capstone projects Co-op programs Practical placements (Education, Nursing, Social Work) Medical students at Vernon Jubilee Route 90 the connection-maker WHAT IS ASPIRE? Aspire is a process to create a shared vision for the future of UBC s Okanagan campus. Our partners in the community, business and government, and students, faculty and staff are being asked to consider what we are doing today, and let us know what we should be doing tomorrow. The vision developed through Aspire will help guide several important planning projects for the campus. WHY THIS CONVERSATION, AT THIS TIME? We have reached student enrolment targets, tripled the physical infrastructure of the campus, created a research intensive community, and established many new programs, including professional programs. It s time to consider what we have built and look ahead to what we want to do with it. Page 16 of 80 3

26 February 19, Item C.1b UBC Okanagan Update 2/12/2014 Today and looking forward Online discussion: aspire.ok.ubc.ca p aspire.ok@ubc.ca Page 17 of 80 4

27 February 19, Item E.1 REGIONAL DISTRICT of NORTH OKANAGAN REPORT File No.: B-TA / TO: FROM: Board of Directors Planning Department DATE: February 11, 2014 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana SUBJECT: Production Facilities] RECOMMENDATION: That Zoning Text Amendment Bylaw No. 2606, 2013, which proposes to amend the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to establish regulations related to medical marihuana production facilities, be amended to include provisions which: 1. Prohibit medical marihuana production facilities as a Home Occupation; 2. Prohibit medical marihuana production facilities within Commercial, Residential, and Rural Zones outside of the Agricultural Land Reserve; and 3. Establish setbacks and minimum parcel size standards in both the Agricultural Land Reserve and Industrial Zones; and further, That Zoning Text Amendment Bylaw No. 2606, 2013, be amended to include the following: 1. Amend Section 601 Light Industrial (I.1) of Zoning Bylaw No by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 2. Amend Section 601 Light Industrial (I.1) of Zoning Bylaw No by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; 3. Amend Section 602 General Industrial (I.2) of Zoning Bylaw No by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 4. Amend Section 602 General Industrial (I.2) of Zoning Bylaw No by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; 5. Amend Section 603 Industrial Park (I.3) of Zoning Bylaw No by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 6. Amend Section 603 Industrial Park (I.3) of Zoning Bylaw No by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use Page 18 of 80

28 February 19, Item E.1 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors February 11, 2014 Page 2 to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; 7. Amend Section 604 Agricultural Industrial (I.4) of Zoning Bylaw No by adding Section h. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 8. Amend Section 604 Agricultural Industrial (I.4) of Zoning Bylaw No by adding Section i. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; and further, That Zoning Text Amendment Bylaw No. 2606, 2013, be amended as follows: 1. Remove proposed Amendment 3; 2. Amend proposed Amendment 7 by including the provision with a minimum lot size of 8.0 ha (19.77 acres) following the words shall only be permitted on lands ; 3. Amend proposed amendment 9 by including the provision with a minimum lot size of 8.0 ha (19.77 acres) following the words shall only be permitted on lands ; 4. Amend proposed amendment 11 by including the provision with a minimum lot size of 8.0 ha (19.77 acres) following the words shall only be permitted on lands ; and further, That Zoning Text Amendment Bylaw No. 2606, 2013 be given Second Reading, as amended, and be referred to Public Hearing. DISCUSSION: On December 16, 2012, Health Canada announced changes to Federal Legislation regarding the production and distribution of marihuana for medical purposes. The new regulations will no longer authorize individuals to grow medical marihuana and will only authorize larger scale licensed producers. Stricter security, inspection and quality control measures will be required along with greater communication with local police, fire departments and local governments. As well, these facilities must comply with all applicable federal, provincial and local government legislation, regulations and bylaws, including land use bylaws. In this regard, the Marihuana for Medical Purposes Regulations are proposed to become fully implemented by April 1, In response to the changes in medical marihuana regulations and the associated land use implications, Regional District staff presented Zoning Text Amendment Bylaw No. 2606, 2013 to the Electoral Area Advisory Committee on November 7, 2013 for consideration. Bylaw No. 2606, 2013 proposed the following amendments to Zoning Bylaw 1888, 2003: 1. Create a new definition for Marihuana and Medical Marihuana Production Facilities; 2. Include Medical Marihuana Production Facilities as a permitted use on properties: a) Within the Agricultural Land Reserve (ALR) in rural Zones (C.R., N.U. and L.H) subject to the facility meeting agricultural setback requirements; b) Within Industrial Zones including Light Industrial (I.1), General Industrial (I.2), Industrial Park (I.3) and Agricultural Industrial (I.4) Zones; c) Subject to the provisions of Home Occupation Use, potentially as a Home Occupation use; and, 3. Prohibit Medical Marihuana Production Faculties in all other zones, unless otherwise permitted. Page 19 of 80

29 February 19, Item E.1 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors February 11, 2014 Page 3 At the regular meeting of November 20, 2013, the Board of Directors, passed the following resolution: That Zoning Text Amendment Bylaw No. 2606, 2013, which proposes to amend Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to establish regulations related to medical marihuana production facilities, be given First Reading; and further, That Zoning Text Amendment Bylaw No. 2606, 2013 be referred to legal counsel, internal departments (including Fire Departments), Agricultural Land Commission, the Royal Canadian Mounted Police, Health Canada and other various agencies for review and comment prior to consideration of Second Reading. Zoning Text Amendment Bylaw No was referred to the following agencies on November 26, 2013: Agricultural Land Commission; Ministry of Agriculture; Interior Health Authority; Ministry of Transportation and Infrastructure; Building Inspection Department; Regional Agricultural Advisory Committee; Health Canada; Regional Fire Protection; BX/Swan Lake Fire Department and Royal Canadian Mounted Police Vernon Detachment. At the regular meeting of January 16, 2014, staff requested the Electoral Area Advisory Committee consider appropriate land uses for medical marihuana production within their respective jurisdictions and provide comments to staff. REFFERRAL COMMENTS: Ministry of Agriculture: The Ministry identified several comments and recommendations for consideration, including: The Ministry has not established Minister s Bylaw Standards for Medical Marihuana, as of January 16, 2014; The Ministry has indicated that a 60 meter setback from residential zoned priorities is not consistent with Guide to Bylaw Development in Farming Areas, updated October The Ministry has indicated that overly restrictive setbacks can reduce farm use viability on individual properties and recommended that maximum building setbacks of 15 to 30 meters from the property boundary be considered. The Ministry is of the opinion that impacts associated with marihuana production facilities can be addressed through Health Canada requirements; The Ministry recommends that the Regional District alter the proposed 15 meter setback from streams be included within the Bylaw, which is consistent with the above mentioned Guide; Setbacks from residential areas are not included within the above noted Bylaw Guide except where edge planning is used on both sides of the ALR boundary. The Ministry recommends that the Regional District consider implementing the Edge Planning Farm Bylaw Standard should a setback be proposed that is more restrictive than permitted by the above mentioned Guide; If minimum lot sizes are used, then they should not be so large that they are prohibitive; The Ministry has requested that the Regional District review and update Schedule J of the Zoning Bylaw to reflect the setbacks established in the Guide to Bylaw Development for Farming Areas, updated October ; Parking requirements should not apply to agricultural buildings, including medical marihuana production facilities, on agricultural lands; 1 Note: The Bylaw identifies a setback of 30 metres from lot lines. Page 20 of 80

30 February 19, Item E.1 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors February 11, 2014 Page 4 Screening and landscaping guidelines, if they apply outside of Industrial zones, may have consequences to the viability of agriculture. The Ministry has also indicated that the screening and landscaping provisions of the Bylaw may be in conflict with Health Canada requirements; and, The Ministry has requested that the Regional District consider the Guide to Edge Planning that employ vegetative buffers as a tool to promote land use compatibility together with other tools for development along the Urban-ALR boundary. Agricultural Land Commission: The ALR has no objection to Bylaw No. 2606, 2013 and has noted that through regulation, such as setbacks from adjacent property lines, medical marihuana growing and processing facilities are permitted in the ALR. Regional Agricultural Advisory Committee: The Regional Agricultural Advisory Committee provided the following comments on January 23, 2014: Consider minimum parcel sizes for agricultural properties/uses; Federal requirements of the construction of these buildings; Scale of the facilities is similar to larger agricultural buildings; Requirements of the Agricultural Land Commission regarding medical marihuana as a permitted use; Similarities between medical marihuana and other intensive agricultural uses; Identified the importance of setbacks within siting these facilities; How can these facilities be returned to farm land once the use is discontinued; and, Concerns regarding light pollution on adjacent properties. Electoral Area Directors: At the regular meeting of January 16, 2014, staff requested the Electoral Area Directors provide comments regarding Bylaw No. 2606, The following comments of preferences have been received as of February 4, 2014: Three Electoral Area Directors ( B, C and F ) suggested that medical marihuana production facility be a prohibited use under home occupation ; Four Electoral Area Directors ( B, C, D, and F ) suggested that the Regional District restrict medical marihuana production facility as a permitted use within the ALR through parcel size, with a suggested minimum parcel sizes ranging from 2.0 ha to 8.0 ha; The Electoral Area Directors also commented that consideration be given to the following additional restrictions: o Prohibition in Country Residential (C.R.) Zone; o Add medical marihuana odour to RDNO Nuisance Bylaw; o Public input prior to approval; o Requirement for Proof of Federal license; o Requirement for emergency plan for fire/protocol for disposal of chemicals; and, o Restrict Business Licenses to medical marihuana production facilities. While some of the considerations that the Electoral Area Directors have identified are outside of the scope the Zoning Bylaw may address, staff could be directed to investigate mechanisms for addressing some of these non-zoning Bylaw concerns. Page 21 of 80

31 February 19, Item E.1 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors February 11, 2014 Page 5 Interior Health Authority: The Interior Health Authority (IHA) commented they recognize that zoning bylaws do not normally prescribe specific operating standards for land uses; however local governments can define where industrial or agricultural operations are located and how they are serviced, including liquid and solid waste management. IHA notes that federal legislation establishes best practices, although Health Canada has indicated that these practices may not be adequate to contain all odours from an operation. As a result, IHA strongly encourages that, whenever possible, medical marihuana operations are located away from residential areas to avoid creating a potential nuisance. IHA has requested that the Regional District consider a good cross connection prevention program for medical marihuana facilities, which may involve the use and storage of chemical fertilizers and pesticides, to protect drinking water from contamination. Health Canada: Health Canada commented they are committed to working with local governments to ensure a smooth transition to the new system of licensed producers and, although the Marihuana for Medical Purposes Regulation does not include zoning requirements, Health Canada has confirmed that licensed producers must comply with all federal, provincial and local laws and bylaws, including zoning bylaws. Royal Canadian Mounted Police Vernon Detachment: The Royal Canadian Mounted Police (RCMP) commented they have concerns regarding the Home Occupation provisions and minimum lot size provisions of Bylaw No The RCMP believe that there are additional health and community safety risks associated with medical marihuana production facilities and that these facilities may pose greater risks to neighbours if permitted on 2.0 hectare parcels. The RCMP is concerned that the Regional District does not currently have a requirement for Business Licenses within the Electoral Areas, which would provide a local government mechanism to regulate the operation of medical marihuana production facilities with regard to conformance with local bylaws. Although the proposed Bylaw states that these facilities do not discharge or emit odorous, toxic or noxious matter or vapor, heat, glare or radiation, recurrently generated ground vibration, noise in excess of ambient noise at the property boundary; electrical interference; or any other health and safety hazards, the RCMP have indicated that the Regional District does not have provisions in the Bylaw to provide authority to enter premises for the purpose of conducting inspections to ensure that the facility is compliant and/or to levy fines to ensure compliance. The RCMP requested that the Regional District consider developing a Business License Bylaw which would provide a mechanism to regulate the operation of medical marihuana production facilities. The RCMP has identified the generation of a great deal of plant material in the production of medical marihuana as a concern and has requested clarification how those wastes will be dealt with by the Regional District. Ministry of Transportation and Infrastructure: Page 22 of 80

32 February 19, Item E.1 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors February 11, 2014 Page 6 The Ministry commented they have granted Preliminary Approval for one year for proposed Bylaw No. 2606, 2013, pursuant to Section 52(3)(a) of the Transportation Act. The Ministry is required to endorse Bylaw 2606 prior to Adoption by the Board of Directors. Building Department: The Building Department has indicated that the Marihuana for Medical Purposes Regulations should pose no problems with regard to compliance with Regional District Building Bylaw regulations and the B.C. Building Code. The Building Department has indicated the following concerns regarding regulatory enforcement of the proposed zoning regulations. Where a Building Permit is required and issued for new buildings or alternations to existing buildings, it may be a challenge to enforce a prohibition of offensive odour generation, especially when odours have been shown to be prevalent to marihuana grow operations. It is reasonable to assume that small lot industrial zones will be most negatively impacted by a malodorous use. The Building Department has requested that more prescriptive requirements for odour control for proposed medical marihuana production facilities be considered. The Building Department noted that, according to Building Standards in Victoria, medical marihuana production facilities are classified as low hazard industrial buildings (F3 occupancies) under the B.C. Building Code. Most buildings located in the ALR are classified as farm buildings under the B.C. Building Code and changing the occupancy of these buildings to F3 industrial use would trigger the need for a building permit under the Regional District s Building Bylaw. Most existing agricultural buildings would require alterations if used to produce medical marihuana to comply with the B.C. Building Code. Basic life safety features such as exits, emergency lighting, exit signage and ventilation would be required to meet code compliance. ANALYSIS: The proposed amendments to Bylaw No will further clarify the Regional District s land use approach to addressing the implementation of the Marihuana for Medical Purposes Regulation, which include the following: 1. Clarifying the type of use under which a medical marihuana production facility will be permitted; 2. Identifying appropriate zones for the location of medical marihuana production facilities; and, 3. Clarifying appropriate regulations within the zones for medical marihuana production facilities. Medical marihuana production is often associated with odorous or unpleasant emissions, glare, noise, and vibration and community safety concerns. These facilities require a large amount of indoor space for growing, cultivating, drying, packaging and distributing marihuana for medical purposes. The RCMP, Interior Health Authority, Electoral Area Directors and Building Department have identified odorous emissions as a nuisance issue that will need to be further addressed within the proposed Bylaw to reduce the impact on adjacent properties, including those zoned residential, rural, commercial or industrial. IHA commented, they are of the opinion, which was confirmed by Health Canada, that established best practices 2 may not be adequate to contain all odours from an operation. 2 Health Canada (2013) Guidance Document: Building and Production Security Requirements for Marihuana for Medical Purposes (Pub: ), Controlled Substances and Tobacco Directorate, Healthy Environments and Consumer Safety Branch, June Page 23 of 80

33 February 19, Item E.1 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors February 11, 2014 Page 7 The proposed amendments to Bylaw No will attempt to address these concerns through careful siting and minimum parcel size. Other efforts may also be required through other regulatory bylaws. Agricultural Land Reserve: The Agricultural Land Commission (ALC) provided further clarification, through an Information Bulletin updated in January 2014, on local government regulation of medical marihuana production facilities within the ALR. The Information Bulletin, attached to this report, specified that zoning bylaws enacted by municipalities may set out restrictions on land use, including but not limited to the use of land for medical marihuana production. Where such restrictions may apply to land within the ALR, such restrictions with respect to the particular land use of lawfully sanctioned medical marihuana production would not in and of themselves be considered as inconsistent with the ALC Act. The Ministry of Agriculture and the ALC have indicated that regulation of medical marihuana production faculties through minimum parcel size is possible, on the condition that minimum parcel size is not overly prohibitive, with the caution that the establishment of minimum ALR parcel sizes that restrict farm uses may result in legal challenge by a landowner. The Regional District may chose to establish a minimum parcel size within the ALR to minimize medical marihuana production facility impacts on adjacent parcels, especially residential or institutional properties. Health Canada has indicated that the federally established best practices may not adequately contain all odours from an operation and therefore there may be a reoccurring nuisance impact on adjacent properties. The Ministry of Agriculture has indicated that a 60 meter setback from Residential zoned properties is not consistent with the updated Guide to Bylaw Development in Farming Areas (October 2013) and should be reconsidered. To limit impacts associated with offensive odours, noise and vibration, Bylaw No proposes that buildings used to house medical marihuana production facilities be setback 30 m from adjacent Rural, Commercial and Industrial zoned properties, 60 m from Residential zoned properties and 15 m from natural streams. Such setbacks would be consistent with setback requirements associated with dog kennels and buildings that house livestock and poultry in Schedule J. Based upon the comments received from the RCMP, IHA and Building Department regarding the difficulty containing odorous emission nuisances from these operations, Staff recommend that the proposed building setbacks be maintained and potential revisions of Schedule J be included within the next Zoning Bylaw Review. Due to concerns from the Interior Health Authority, RCMP and Building Department regarding the close proximity of these facilities to residential neighborhoods and small lot rural properties, such as properties zoned Small Holding (S.H.), staff recommend that medical marihuana production facilities only be permitted on Rural Zoned properties within the ALR (properties zoned Country Residential (C.R.), Large Holdings (L.H.) and Non-Urban (N.U.)) which are equal to or greater than 8 ha (19.77 acres). The use would be prohibited on ALR parcels with a lot area less than 8 ha. This approach is consistent with the comments received from the Electoral Area Directors and the approach taken by some other jurisdictions (i.e. Thompson-Nicola Regional District). Staff have identified there are 1,441 parcels which are located within the ALR and are equal to or greater than 8.0 ha in the Electoral Areas. Table 1 provides an overview of the number of ALR parcels 8.0 ha by Electoral Area. Page 24 of 80

34 February 19, Item E.1 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors February 11, 2014 Page 8 Table 1: Number of Electoral Areas ALR Properties 8.0 ha Area Name # Private Parcels # Parcels Partially or Within ALR Total 8.0 ha Electoral Area "B" Electoral Area "C" Electoral Area "D" Electoral Area "E" Electoral Area "F" Electoral Area (TOTAL) Appendix A shows the distribution of parcels that have a minimum parcel size of 8.0 ha located in the ALR. In summary, staff recommends Bylaw. No be amended to include a provisions to only permit medical marihuana production facilities on Rural Zoned properties within the ALR (properties zoned Country Residential (C.R.), Large Holdings (L.H.) and Non-Urban (N.U.)) which are equal to or greater than 8 ha (19.77 acres). Industrial: Based upon the comments received, staff reviewed the Industrial zones and recommend that a minimum lot size of 1.0 ha be applied to the use of medical marihuana production facilities to minimize the potential for odorous nuisance on adjacent properties, especially rural and residential properties. The majority of Light Industrial (I.1) zoned parcels, especially within the Swan Lake Corridor, are small (under 1.0 hectares) and adjacent to properties zoned Residential (R.1), Country Residential (C.R.) or Small Holdings (S.H.). These properties, based upon parcel size and setback from adjacent lots, may be inappropriate for the location of medical marihuana production facilities. A minimum lot size of 1.0 ha is proposed to reduce the probability of nuisance caused by odorous emissions, vibration, noise and glare. Based on a cursory review, staff have identified 21 Industrial zoned properties which are larger than 1.0 ha in size. The properties are as follows: Swan Lake Corridor (Electoral Area B ) two I.2 zoned properties that are at the north end of Swan Lake, adjacent to the Township of Spallumcheen boundary; Greater Lumby Industrial Park (Electoral Area D ) nine I.2 zoned properties within the Industrial Park currently used by Tolko Industries; Whitevale Road (Electoral Area D ) one I.4 zoned property currently used by the North Okanagan Gleaners Society; Lumby Mabel Lake Road (Electoral Area D ) one I.4 zoned property located north of Lumby; North of Enderby (Electoral Area F ) two I.2 properties that are currently used by North Enderby Timber; Ashton Creek (Electoral Area F ) three I.2 zoned properties that are to the southeast of the unincorporated community of Ashton Creek; and, Grindrod (Electoral Area F ) one 1.2 zoned property to the south of the unincorporated community of Grindrod and two I.4 zoned properties one located on Monks Road and the other located on Enderby Grindrod Road. Page 25 of 80

35 February 19, Item E.1 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors February 11, 2014 Page 9 Staff recommend amending Bylaw No to establish a minimum lot size of 1.0 ha in all Industrial zones as a requirement for allowing medical marihuana production faculties as a permitted use. IHA, RCMP and the Building Department have expressed concerns regarding nuisance impacts on adjacent residential, commercial and industrial properties from the emissions of medical marihuana production facilities, especially when sited on small (less than 2.0 ha) industrially zoned properties. IHA has requested that these facilities be placed as far away from residential properties as possible. The majority of small ( ha) Industrially Zoned properties are located with residential or commercial areas and have a limited buildable footprint to accommodate a facility, in comparison with the proposed 8.0 ha minimum lot size for facilities located within the ALR. To accommodate this use through appropriate siting, with consideration of the concerns expressed, staff recommend that buildings are established with setbacks of 7.5 metres from the property line and 30 meter setbacks from residential or rural properties. As well, staff recommend that, due to the extensive security requirements of these facilities and in an effort to minimizing nuisance impacts on adjacent businesses, medical marihuana production facilities be a mutually exclusive use on an industrial property. In conclusion, staff recommends the following additional requirements for medical marihuana production facilities within Industrial zones: 1. A minimum lot size of 1.0 ha for Industrially Zoned properties; 2. Buildings must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a property zoned residential or rural, buildings must be sited a minimum of 30 metres from the property line; and, 3. A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. Home Occupation: In response to RCMP community health and safety concerns, IHA and Building Department nuisance concerns and direction provided by the Electoral Area Directors, the proposed home occupation amendment to Bylaw No would specifically prohibit medical marihuana production facilities as a home occupation. Business License Considerations: Based upon the comments received by the Building Department and the RCMP, the Board could also consider establishing a Business License Bylaw for some or all Electoral Areas to provide additional regulatory authority over medical marihuana production facilities and other businesses. A Business License Bylaw could provide the regulatory tools regarding other restrictions or considerations identified by the Electoral Area Directors. Should the Directors wish to investigate this further, staff could be directed to further explore Electoral Area Business License Bylaw options. Assessment Considerations: BC Assessment authority has indicated that the property assessment for the manufacture and production of a medical marihuana production facilities would be under Assessment Class 9 Farm Class, regardless of actual zoning. Page 26 of 80

36 February 19, Item E.1 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors February 11, 2014 Page 10 Waste Considerations: The RCMP has requested clarification on how the Regional District will address waste materials generated by a medical marihuana production facility. All waste cannabis material from a medical marihuana production facility is considered to be a controlled substance with the exception of mature cannabis stalks that do not include leaves, flowers, branches or seeds; and fibers derived from the stalks as well as any non-viable cannabis seeds as per Schedule II of the Controlled Drugs and Substances Act (CDSA). Waste cannabis material that is a controlled substance must be secured in accordance with the CDSA and as outlined in Health Canada s Directive on Physical Security Requirements for Controlled Substances (Security Directive) until destroyed. Chemical fertilizers, pesticides and other hazardous and explosive materials may be produced as waste and would require disposal as well. RDNO waste facilities accept and disposes of waste materials that conform with Municipal Solid Waste Management Bylaw (No. 2572, 2013). Although the Regional District can dispose of some of the wastes generated by a medical marihuana production facility, a facility owner would need to pursue appropriate private disposal options for substances which are prohibited material under Bylaw No (i.e. explosive or hazardous wastes) or labeled a controlled substance under the CDSA. SUMMARY: The Federal Government has enacted the new Marihuana for Medical Purposes Regulations to replace the current Marihuana Medical Access Regulations program. The new regulations will no longer authorize individuals to grow medical marihuana and will only authorize larger scale licensed producers. Stricter security, inspection and quality control measures will be required along with greater communication with local police, fire departments and local governments in addition to complying with Local Government bylaws. Based upon the recommendations within the report, Staff recommend that Zoning Text Amendment Bylaw No. 2606, 2013, be amended to include provisions which: 1. Prohibit medical marihuana production facilities as a permitted use as a Home Occupation; 2. Prohibit medical marihuana production facilities as a permitted use within Commercial, Residential, and Rural Zones outside of the Agricultural Land Reserve; and 3. Establish setbacks and minimum parcel size standards in both the Agricultural Land Reserve and Industrial Zones. Specifically, Staff recommend that Zoning Text Amendment Bylaw No. 2606, 2013, be amended by including the following: 1. Amend Section 601 Light Industrial (I.1) of Zoning Bylaw No by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 2. Amend Section 601 Light Industrial (I.1) of Zoning Bylaw No by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; Page 27 of 80

37 February 19, Item E.1 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors February 11, 2014 Page Amend Section 602 General Industrial (I.2) of Zoning Bylaw No by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 4. Amend Section 602 General Industrial (I.2) of Zoning Bylaw No by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; 5. Amend Section 603 Industrial Park (I.3) of Zoning Bylaw No by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 6. Amend Section 603 Industrial Park (I.3) of Zoning Bylaw No by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; 7. Amend Section 604 Agricultural Industrial (I.4) of Zoning Bylaw No by adding Section h. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres); 8. Amend Section 604 Agricultural Industrial (I.4) of Zoning Bylaw No by adding Section i. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line; and, That Zoning Text Amendment Bylaw No. 2606, 2013, be amended as follows: 1. Remove proposed Amendment 3 of Bylaw 2606; 2. Amend proposed Amendment 7 of Bylaw 2606 by including the provision with minimum lot size of 8.0 ha (19.77 acres) following the words shall only be permitted on lands ; 3. Amend proposed amendment 9 of Bylaw 2606 by including the provision with minimum lot size of 8.0 ha (19.77 acres) following the words shall only be permitted on lands ; 4. Amend proposed amendment 11 of Bylaw 2606 by including the provision with minimum lot size of 8.0 ha (19.77 acres) following the words shall only be permitted on lands. Staff recommend the Bylaw No be given Second Reading as amended and be referred to Public Hearing at the first opportunity, due to the upcoming Marihuana for Medical Purposes Regional implementation date of April 1, Page 28 of 80

38 Zoning Text Amendment Bylaw No. 2606, 2013 [Medical Marihuana Production Facilities] Report to Board of Directors- February 11, 2014 Submitted by: BOARD of DIRECTORS - REGULAR AGENDA February 19, Item E.1 Page 12 Approved For Inclusion: Endorsed by: ~~ Rob Smailes, MCIP, RPP General Manager, Planning and Building Page 29 of 80

39 February 19, Item E.1 Appendix A : Electoral Area Properties Within the Agricultural Land Reserve 8 Ha Page 30 of 80

40 February 19, Item E.1 INFORMATION BULLETIN MEDICAL MARIHUANA PRODUCTION IN THE AGRICULTURAL LAND RESERVE Updated January 2014 Health Canada s Marihuana for Medical Purposes Regulation (MMPR) has changed the parameters for the production of medical marihuana in Canada. The current system of personal use licenses and designated person licenses will be phased out by April 1, In its place, new Federal licenses are geared to larger scale production/distribution facilities. For further information about the changes see the following website Various local governments in British Columbia are looking at their zoning bylaws to determine where these larger scale commercial production facilities should be directed. A number of local governments are considering industrial, commercial and agricultural zones, within purpose built structures and with siting regulations from property lines and residential uses. Others are looking to restrict this land use or direct to particular areas of their community. The Agricultural Land Commission Act and regulations determine land use in the Agricultural Land Reserve (ALR). Due to the number of inquiries from local governments and Medical Marihuana production proponents, the ALC provides the following for clarification purposes with regard to Medical Marihuana production in the ALR. Section 1 of the Agricultural Land Commission Act defines farm use as: An occupation or use of land for farm purposes, including farming of land, plants and animals and any other similar activity designated as farm use by regulation, and includes a farm operation as defined in the Farm Practices Protection (Right to Farm) Act. Based on the above definition, if a land owner is lawfully sanctioned to produce marihuana for medical purposes, the farming of said plant in the Agricultural Land Reserve (ALR) is allowed and would be interpreted by the Agricultural Land Commission as being consistent with the definition of farm use under the ALC Act. Notwithstanding the farming of land for the production of medical marihuana, not all activities associated with its production would necessarily be given the same farm use consideration. Accessory uses associated with the farm use include a small business office, testing lab, processing and drying, packaging shipping areas, cloning room and anything else directly related to the growing and processing of the plant. Determining an accessory use is contingent on the use being necessary and commensurate with the primary function of the property/building to produce an agricultural product. If a land use activity is proposed that is not specifically related to the growing of an agricultural product including a stand-alone research and development facility, an application to the ALC for non-farm use would be required. Municipalities are responsible for governing the use of land within the respective municipality s jurisdiction. Zoning bylaws enacted by municipalities may set out restrictions on land use, including but not limited to the use of land for medical marihuana production. Where such restrictions may apply to land within the ALR, such restrictions with respect to the particular land use of lawfully sanctioned medical marihuana production would not in and of themselves be considered as inconsistent with the ALC Act. Proponents of medical marihuana production facilities should contact their local government to determine the applicability of zoning bylaws, approval processes and to determine building permit requirements that may apply. Page 31 of 80

41 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No BOARD of DIRECTORS - REGULAR AGENDA February 19, Item E.1 A bylaw to amend the text of Zoning Bylaw No. 1888, 2003 to regulate medical marihuana production facilities. WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones; AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 1888, being the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 and amendments thereto AND WHEREAS the Board is desirous to amend the Zoning Bylaw to regulate Medical Marihuana Production Facilities; NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows: A. CITATION This Bylaw may be cited as the Zoning Bylaw Text Amendment No. 2606, B. AMENDMENTS 1. Division Two Interpretation of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding the following definitions: Marihuana means all parts of the genus cannabis whether growing or not and the seed or clone of such plants. "Medical Marihuana Production Facility" means a facility, licensed by the Federal Government under the Marihuana for Medical Purposes Regulation used solely for the production, manufacturing, processing, testing, packaging, and shipping of marihuana and marihuana products for medical purposes. 2. Division Three Basic Provisions of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section as follows: Medical marihuana production facilities or grow operations except as explicitly permitted under the provisions of this bylaw. Page 32 of 80

42 February 19, Item E.1 3. Division Six Industrial Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by amending Section f as follows:...manufacturing and processing, including medical marihuana production facilities, provided that they do not create fire, explosion, or safety hazards; noise in excess of average intensity of street and traffic noise in the area in question; emit smoke, dust, dirt, toxic, or offensive odours or gas; and there is no production of heat or glare perceptible from any lot line of the site on which the use is located Division Six Industrial Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres). 5. Division Six Industrial Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line. 6. Division Six Industrial Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres). 7. Division Six Industrial Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line. 8. Division Six Industrial Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section j. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres). 9. Division Six Industrial Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section k. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line. Page 33 of 80

43 February 19, Item E Division Six Industrial Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section i. as follows: Medical marihuana production facilities, provided that they do not create fire, explosion, or safety hazards; noise in excess of average intensity of street and traffic noise in the area in question; emit smoke, dust, dirt, toxic, or offensive odours or gas; and there is no production of heat or glare perceptible from any lot line of the site on which the use is located. 11. Division Six Industrial Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section h. as follows: A medical marihuana production facility will not be permitted on lots smaller than 1.0 ha (2.47 acres). 12. Division Six Industrial Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section i. as follows: A medical marihuana production facility shall be a mutually exclusive use to the property; no other use shall be permitted on a property where a medical marihuana production facility is sited. A medical marihuana production facility must be sited a minimum of 7.5 metres from all property lines and where the property is adjacent to a residential or rural use, buildings must be sited a minimum of 30 metres from the property line. 13. Division Eight Rural Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section t. as follows: Medical Marihuana Production Facilities, subject to the provisions of m. of this Bylaw. 14. Division Eight Rural Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section m. as follows: Medical Marihuana Production Facilities Medical marihuana production facilities shall only be permitted on lands with a minimum lot size of 8.0 ha (19.77 acres) within the Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and provided that these facilities do not discharge or emit odorous, toxic or noxious matter or vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess of ambient noise at the property boundary; electrical interference; or any other health or safety hazards. 15. Division Eight Rural Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section u. as follows: Medical Marihuana Production Facilities, subject to the provisions of n. of this Bylaw. 16. Division Eight Rural Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section n. as follows: Medical Marihuana Production Facilities Medical marihuana production facilities shall only be permitted on lands with a minimum Page 34 of 80

44 February 19, Item E.1 lot size of 8.0 ha (19.77 acres) within the Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and provided that these facilities do not discharge or emit odorous, toxic or noxious matter or vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess of ambient noise at the property boundary; electrical interference; or any other health or safety hazards. 17. Division Eight Rural Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section u. as follows: Medical Marihuana Production Facilities, subject to the provisions of o. of this Bylaw. 18. Division Eight Rural Zones of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by adding Section o. as follows: Medical Marihuana Production Facilities Medical marihuana production facilities shall only be permitted on lands with a minimum lot size of 8.0 ha (19.77 acres) within the Agricultural Land Reserve, subject to the setbacks of Schedule G of this bylaw and provided that these facilities do not discharge or emit odorous, toxic or noxious matter or vapour; heat, glare or radiation; recurrently generated ground vibration; noise in excess of ambient noise at the property boundary; electrical interference; or any other health or safety hazards. 19. Division Eleven Off Street Parking, Schedule B of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amending Section Schedule of Parking Requirements to include: Uses Medical Marihuana Production Facilities Minimum Number of Parking Spaces Required 1.5 per 100 m² (1076 square feet) gross floor area 20. Division Sixteen Agriculture Setbacks of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by amending Table 1: Minimum Setbacks From Lot Lines Principle Farm Buildings, Structures and Areas, Row 1, Column 4: Dog Kennels, Livestock, Poultry, Game & Fur as follows: Dog Kennels, Livestock, Poultry, Game & Fur, Medical Marihuana (barns, brooder houses, confined livestock areas, medical marihuana production facilities fur farming sheds, hatcheries, kennels, livestock shelters, milking facilities, indoor and outdoor riding arenas & stables) 21. Division Sixteen Agriculture Setbacks of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by amending Table 2: Minimum Setbacks From Lot Lines Residential Zones Accessory Farm Buildings, Structures and Areas, Row 1, Column 4: Livestock, Poultry, Game & Fur as follows: Livestock, Poultry, Game & Fur, Medical Marihuana 22. Division Sixteen Agriculture Setbacks of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by amending Table 3: Minimum Setbacks From Lot Lines Other Than Residential Zones Accessory Farm Buildings, Structures and Areas, Row 1, Column 4: Dog Kennels, Livestock, Poultry, Game & Fur as follows: Page 35 of 80

45 February 19, Item E.1 Livestock, Poultry, Game & Fur, Medical Marihuana 23. Division Sixteen Agriculture Setbacks of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by amending Table 4: Building and Facilities Setbacks from Watercourses for Riparian Protection in Farming Areas, Row 2, Column 4: Category 3: Medical Marihuana Production Facility Read a First Time this 20th day of November, 2013 Read a Second Time, as amended this day of, 2014 Advertised on this day of, 2014 this day of, 2014 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act this day of, 2014 Read a Third Time this day of, 2014 Approved by Minister of Transportation and Infrastructure (Transportation Act s. 52(3)) this day of, 2014 ADOPTED this day of, 2014 Chair Corporate Officer Page 36 of 80

46 February 19, Item E.2 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No A bylaw to amend the text of Zoning Bylaw No to allow the retail sales of farm supplies and bagged feed and seed within the General Commercial (C.1) Zone WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones; AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No being the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 and amendments thereto; AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to a Zoning Bylaw and must consider every application for an amendment to the bylaw; AND WHEREAS the Board has enacted the Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008 and amendments thereto to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit: AND WHEREAS the Board is desirous to amend the text of Zoning Bylaw No to allow the retail sales of farm supplies and bagged feed and seed within the General Commercial (C.1) zone; NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled, hereby enacts as follows: CITATION This bylaw may be cited for all purposes as Zoning Text Amendment Bylaw No. 2618, AMENDMENTS 1. Section g of the General Commercial (C.1) zone of Zoning Bylaw No. 1888, 2003 is hereby amended by adding the following as a permitted use: farm supplies and feed and seed (bagged) Read a First and Second Time this day of, 2014 Advertised on this day of, 2014 this day of, 2014 Page 37 of 80

47 February 19, Item E.2 Bylaw No. 2618, 2014 Page 2 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act this day of, 2014 Read a Third Time this day of, 2014 Approved by Minister of Transportation and Infrastructure (Transportation Act s. 52(3)) this day of, 2014 ADOPTED this day of, 2014 Chair Corporate Officer Page 38 of 80

48 REGIONAL DISTRICT OF NORTH OKANAGAN BYLAW No BOARD of DIRECTORS - REGULAR AGENDA February 19, Item E.3 A bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to change a zone designation WHEREAS pursuant to Section 903 [Zoning bylaws] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones; AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 1888, being the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 and amendments thereto; AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to a Zoning Bylaw and must consider every application for an amendment to the bylaw; AND WHEREAS the Board has enacted the Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008 and amendments thereto to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit: AND WHEREAS the Board has received an application to rezone property; NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled, enacts as follows: GENERAL 1. This Bylaw may be cited as Rezoning Bylaw No. 2619, The property legally described as Lot 1, Blk 6, Sec 14, Twp 8, ODYD, Plan 749, Except Plans H433 and H16713 located at 6628 Pleasant Valley Road, Electoral Area B is hereby rezoned from the Country Residential Zone [C.R] and the Service Commercial Zone (C.4) to the Service Commercial Zone (C.4). 3. That the Zoning Map, being Schedule A to Zoning Bylaw No. 1888, 2003 be amended accordingly. Read a FIRST time this day of, 2014 Read a SECOND time this day of, 2014 Page 39 of 80

49 February 19, Item E.3 Bylaw No.2619, 2014 Page 2 Advertised on this day of, 2014, and this day of, 2014 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act on this day of, 2014 Read a THIRD Time this day of, 2014 APPROVED by Ministry of Transportation & Infrastructure this day of, 2014 (Transportation Act, Sec. 52(3)) ADOPTED this day of, 2014 Chair Corporate Officer Page 40 of 80

50 February 19, Item E.4 REGIONAL DISTRICT OF NORTH OKANAGAN Extract from the Minutes of a Meeting of the Electoral Area Advisory Committee Held on Thursday, February 6, 2014 Agricultural Land Commission Application - G. GODDARD c/o SIMPSON NOTARY (File No D-ALR) That as recommended by the Electoral Area Advisory Committee the matter of Agricultural Land Commission Application G. Goddard c/o Simpson Notary (File No D-ALR) be postponed until the April 3, 2014 Electoral Area Advisory Committee meeting to provide an opportunity for: staff to discuss a voluntary public information meeting with the applicant; the applicant to attend an Electoral Area D Advisory Planning Commission meeting; and, the Electoral Area D Advisory Planning Commission to review the Okanagan Ecovillage Farm - Structure & Management Proposal submitted by the applicant. Page 41 of 80

51 February 19, Item E.4 REGIONAL DISTRICT of NORTH OKANAGAN PLANNING DEPARTMENT INFORMATION REPORT APPLICATION UNDER SECTION 20(3) OF THE AGRICULTURAL LAND COMMISSION ACT DATE: January 20, 2014 FILE NO.: APPLICANT: LEGAL DESCRIPTION: D-ALR Gwyllyn Goddard c/o Julie Ashfield, Simpson Notaries Lot A, Sec 7 & 8, Twp 40, ODYD, Plan EPP28944 P.I.D.# CIVIC ADDRESS: PROPERTY SIZE: SERVICING: 714 Lumby Mabel Lake Road ha (29.9 acres) On-site septic sewage disposal and on-site domestic water well SOIL CLASSIFICATION: Classes 2, 3, 4, and 5 ZONING: O.C.P. DESIGNATION: PROPOSED USE: Large Holdings (L.H) Agricultural, Major Road, Riparian and Hazardous Lands Development Permit Areas Mixed use including 30 residential units, restaurant, offices, learning centre, accommodation, multi-purpose building, and septic sewage treatment and disposal on approximately 1.5 ha and agriculture on the remaining 10.6 ha. PLANNING DEPARTMENT RECOMMENDATION: That the application of Gwyllyn Goddard c/o Julie Ashfield, Simpson Notaries under Section 20(3) of the Agricultural Land Commission Act for non-farm use of the property legally described as Lot A, Sec 7 & 8, Twp 40, ODYD, Plan EPP28944 and located at 714 Lumby Mabel Lake Road, Electoral Area D not be authorized for submission to the Agricultural Land Commission. BACKGROUND: This report relates to an application under Section 20(3) of the Agricultural Land Commission Act for a non-farm use of the property located at 714 Lumby Mabel Lake Road. The applicant proposes to develop the property with a mix of land uses including multi-family residential and small scale commercial in combination with a proposed organic farm. The applicant proposes to develop 30 multi-family dwelling units within a building strata. As a building strata would not Page 42 of 80

52 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 2 involve the subdivision of land, an application to the Agricultural Land Commission for the proposed building strata subdivision is not required. Site Context The subject property is located just past the intersection with Albers Road, and is bordered by Lumby Mabel Lake Road to the south and the meandering course of Bessette Creek to the north. The southeasterly portion of the property nearest the road is elevated approximately 9 m above the low lying lands which are within the Bessette Creek floodplain. A steep, treed slope marks the transition between the upper and lower areas of the property. A berm has been constructed along approximately 200 m of the road frontage. The property is currently developed with an older house near the road and shop/storage building of approximately 610 m 2 (6570 sq. ft.) in the central part of the property. The applicant reports that the existing buildings are vacant. Two driveways provide access to the property from Lumby Mabel Lake Road. The westernmost driveway leads to the house and shop building, while the second driveway provides access to the easterly end of property. The subject and surrounding properties are within the Agricultural Land Reserve, are designated in the Electoral Area D and E Official Community Plan as Agricultural and are zoned Large Holdings (L.H). Lumby Mabel Lake Road is designated as a Major Road in the OCP. The subject property is also within the Rural Protection Area as identified in the Regional Growth Strategy. Agricultural Capability of the Subject Property The Canada Land Inventory agricultural capability classification system groups land into seven classes according to the land s potential and limitations for agricultural use depending on soil, topography, and climate characteristics. As the class numbers increase from Class 1 to 7, the range of potential crops decreases. Associated with each class is a subclass that identifies limitations or special management practices needed to improve the soil. The classification usually gives land two ratings: unimproved and improved. Unimproved ratings describe the land in its native condition. Improved ratings indicate the land s potential once management practices have been implemented, such as irrigation, stone removal or drainage. Class 1 soils have no significant limitation in use for crops. Class 2 soils have moderate limitations that restrict the range of crops or require moderate conservation practices. Class 3 soils have moderately severe limitations that restrict the range of crops or require special conservation practices. Class 4 soils have severe limitations that restrict the range of crops and/or require special conservation practices. Class 5 soils have very severe limitations that restrict their capability to producing perennial forage crops. Class 6 soils are capable only of producing perennial forage crops and improvement practices are not feasible. Class 7 soils have no capability for arable culture or permanent pasture. The low-lying portion of the subject property is rated as 60% Class 5 and 40% Class 4 with subclass limitations related to stoniness, inundation, excess water, and low moisture holding capacity. The upper portion of the property is rated as 70% Class 2 and 30% Class 3 with Page 43 of 80

53 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 3 subclass limitations related to undesirable soil with low permeability and adverse topography. Both the unimproved and improved ratings of the subject property are the same. The following orthophoto of the subject and surrounding properties was taken in 2007: The Proposal This application is for non-farm use of land in the Agricultural Land Reserve. The applicant has submitted a comprehensive proposal with this application which includes technical reports, descriptions of other ecovillage developments, illustrations, a synopsis of stakeholder consultation undertaken by the applicant, and rationale for the project. The applicant s full package of information is available for review by the Board of Directors at the RDNO Planning Department. The following is a summary of the proposal. Although the applicant has indicated on the ALC application form that the application is for both non-farm use and subdivision in the ALR it is only necessary for the applicant to obtain ALC approval for the non-farm use component. The proposed subdivision would be a building strata in which case an application to the ALC is not required as no subdivision of land is involved. On the southeast portion of the property, the applicant is proposing to develop 30 strata residential units in a townhouse-style cluster, a multi-purpose common building, community gardens, outdoor recreation space, a greenhouse, and 30 parking spaces. Access to this area would be gained from a driveway off Lumby Mabel Lake Road. The low lying lands are proposed to be used as an organic farm with the exception of a building intended for agri-tourism purposes such as a restaurant serving products grown/raised on the subject property, administrative offices, a learning centre for farming-related topics, and possibly accommodation in the form of a bunkhouse and/or hostel which would be situated in the vicinity of the existing house. The building would be adjacent to +18 parking spaces. Access to this area would be gained from a second driveway off Lumby Mabel Lake Road. The existing house Page 44 of 80

54 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 4 is proposed to be demolished. The vacant farm building situated in the central part of the property is proposed to be used for farm purposes or demolished if not needed for the farm. The applicant s submission describes how a previous owner had graded the property such that the topsoil was pushed towards the creek and areas were left devoid of topsoil, flat and barren. The applicant reports that work is underway to revitalize and to enhance the topsoil in order to obtain organic certification and to prepare the site for organic food production. The project is described by the applicant as an ecovillage wherein the residences would be strata-titled and individually owned or rented and the land and non-residential buildings would be common or limited-common property. It is to be noted that, whereas the applicant has applied for subdivision in the ALR, if the proposed strata would be a building strata only and not a bare land strata, it would not be necessary for the applicant to apply under Section 21(2) of the Agricultural Land Commission Act for subdivision in the ALR. The homes are proposed to accommodate on-site farm workers, workers at the proposed agritourism centre, individuals employed off-site, retirees and families. The proposal states that, based on the size of the property and in consideration of other organic market gardens and Community Supported Agriculture 1 farms, the Ecovillage is expected to generate an annual income in the $350,000 to $600,000 range which would provide an annual income sufficient for five farming families and several seasonal workers. The proposal describes that the Ecovillage would be structured as a BC company responsible for purchasing, subdividing, and subsequently selling the strata units to future residents. Members of the company would be shareholders and each shareholder would own one share of the company and would have equal say in decision-making for the company as well as the right to attend planning workshops. The applicant has further explained that ownership of the residential strata units would be structured like any other building strata. The strata council would make decisions regarding the residential buildings. Collectively, the strata unit owners and their households would be considered members (in the informal sense of the word) of the Ecovillage community. Members of the Ecovillage community with interest and expertise in farming could join what the applicant has referred to as the Farm Team. The Farm Team would make decisions regarding matters related to the farm such as what crops to plant, what equipment is needed, and other farm related matters not involving changes or repairs to buildings or other components of the common property. Farming decisions would not be made by residents who do not wish to join the farm team. Further details of the Ecovillage business plan, strata bylaws, and the Farm Team s role, responsibility and legal status have not been provided. Wastewater treatment and disposal is proposed to be handled on-site. The applicant has submitted an Onsite Wastewater Treatment and Disposal Feasibility Report dated December 6, 2011, prepared by Chad Meier, P.Eng. of Cleartech Consulting Ltd. The Cleartech report describes three on-site wastewater disposal options for the residential units in the Ecovillage which would require: an infiltrative area of 667 m 2 on the upper portion of the lot; or an area of 463 m 2 on the lower portion of the lot; or a constructed wetlands area of 930 m 2. 1 The proposal describes Community Supported Agriculture as a type of farming where consumers pre-purchase up to a year s worth of produce directly from the farmer. Page 45 of 80

55 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 5 The applicant reports that in the summer of 2013, two new wells were drilled on the site for both agricultural and domestic use. A 24 hour pumping test was run on a domestic well drilled on the higher ground, which reported the well could be pumped at a flow rate of 45 US gallons per minute (170.3 L/minute). A second well slated for irrigation purposes was drilled on the lower elevation lands and a 3 hour pumping test was conducted which reported the well could be pumped at a flow rate of 225 US gallons per minute (851 L/minute). The applicant proposes to utilize forms of modern renewable energy however further details are not provided. REGIONAL GROWTH STRATEGY: The subject property is located within the Rural Protection Boundary as defined in the Regional Growth Strategy (RGS) which adopted by bylaw in The proposed development would trigger a need to amend the Rural Protection Boundary as defined in the RGS. It is a policy of the RGS to consider changes to the Rural Protection Boundary during the RGS Five Year Review (RGS policy UC 2.3). OFFICIAL COMMUNITY PLAN: The following OCP Policies are relevant for this application: Agricultural Policies The Electoral Areas D and E Official Community Plan Bylaw No. 2485, designates the land use of the subject property as Agricultural. 1) Agricultural lands are designated on Schedules B, B1 & B2 and are within the ALR and the Agricultural Land Commission Act will take precedence. 2) Lands designated Agricultural and within the ALR are intended to be used for agricultural purposes and associated uses as allowed by the Agricultural Land Commission and the Regional District. All uses and subdivision of Agricultural Land Reserve land, shall be in accordance with the Agricultural Land Commission Act, regulations thereto or Orders and Policies of the Commission. 3) Support the Agricultural Land Commission in its efforts to protect and enhance farmland. 4) The rural character of Electoral Areas D and E shall be maintained to encourage the establishment of the widest range of agricultural activities. Support of programs which have a positive effect on agricultural activities shall be considered. 5) Support ALC policies regarding agri-tourism businesses. 6) Minimize conflicts between agricultural and other land uses through the use of: a. agricultural setbacks as specified in Schedule G, Division 16, Zoning Bylaw 1888; b. supporting public access restrictions where appropriate; c. minimum distance setbacks for intensive agricultural operations; d. fencing requirements and landscape buffers; e. covenants that are registered with new rural subdivisions that recognize existing neighbouring agricultural use, as applicable: Page 46 of 80

56 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 6 f. continued liaison with Provincial Ministries and Crown agencies in the planning, disposition, and management of Crown lands; and g. compliance with the Farm Practices Protection Act (FPPA). 7) Recognize the importance of local food production, processing, distribution and sale of locally grown products. Efforts to improve the local agricultural economy may include: a. strategically locating a farmers market; b. initiatives to increase agricultural awareness; c. development of community gardens; d. density bonusing for projects providing opportunities for local food production (e.g., community gardens or greenhouses); and e. liaison with the Ministry of Agriculture regarding opportunities for hosting local workshops on ways to enhance opportunities for growing and marketing economically viable, local agricultural products. 8) Support local agriculture through favourable consideration of proposals that enhance local agriculture through the strengthening of beneficial agricultural practices, support of local food systems, and the expansion of local markets and agri-tourism. The community supports the production of organic agricultural farming practices. Comprehensive Resort and Ecovillage Development Policies 1) Ecovillage Developments must be recognized through site specific amendments to the OCP and shall only be considered in conjunction with rezoning to a Comprehensive Development Zone which will define the uses and development regulations specific to the lands in question. As part of the development application review process, or in advance of the application, the RDNO will work with stakeholders to define the terms of development approvals for unique comprehensive resort or ecovillage proposals. The goal of this review process will be to ensure that new developments contribute positively to sustainable rural character in the plan area. 2) Ecovillage Developments must establish efficient, cost effective wastewater management systems. While conventional septic disposal systems may be appropriate for rural, large lot areas, it is no longer viewed as an acceptable means of wastewater management for new or expanded resort and ecovillage developments. Ecovillages may elect to pursue alternative development strategies but will need to clearly demonstrate the long term viability of such initiatives, providing the appropriate supporting professional reports. 3) Comprehensive Resort and Ecovillage Developments need to protect the quality of surface and ground water sources, while achieving an economically viable level of development without adding to the financial burden of taxpayers. 4) Without diminishing the role of the City of Vernon or the Village of Lumby as the principal and secondary commercial and service centres in this area, Comprehensive Resort and Ecovillage Development projects may include limited commercial and personal services to provide visitors and residents with a full service resort or sustainable community experience. 5) Comprehensive developments in or adjacent to agricultural land should be avoided or heavily buffered except for Bed and Breakfast operations and Agro-tourism in Page 47 of 80

57 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 7 accordance with Agricultural Land Commission regulations and Ministry of Agriculture standards. 6) Comprehensive developments within this designation shall be largely self-contained and shall not facilitate nor be deemed to encourage further development on adjacent lands. 7) In accordance with the provisions of the Development Permit Section of this Plan, land designated as Comprehensive Resort or Ecovillage Development is also designated as a Development Permit Area in matters concerning the protection of the natural environment, protection of development from hazardous conditions, and matters concerning the form and character of commercial and industrial development. The establishment of objectives for the form and character of intensive residential development may also be required. 8) The design of new and expanded comprehensive resort and ecovillage developments shall be responsive to the natural environment such that site grading and visual impacts from lands beyond are minimized. 9) The Regional Board may require the developer to provide a Traffic Impact Assessment prepared by a professional engineer that addresses the potential for impacts the development may have on traffic patterns, safety and volumes in the surrounding community. The Ministry of Transportation and Infrastructure must agree to the Terms of Reference for a Traffic Impact Assessment prior to preparation. 10) The Regional Board may require the developer to provide an Environmental Impact Assessment prepared by a qualified environmental consultant to address potential impacts the development may have on the quality of the natural environment. 11) Where a comprehensive development proposes a non-traditional land tenure system, such as ecovillage co-housing or cooperative ownership, the Regional Board may address the specialized nature of the ownership as part of the approval process to ensure that specialized ownership conditions are recognized over the long term (e.g. by future owners and neighbours). 12) The Regional Board will require the developer to demonstrate how services can be met by the developer for such services as schools so that there are no indirect public costs (e.g. school buses). 13) Developments which implement water conservation and re-use strategies are encouraged. 14) Proposals for Comprehensive Resort and Ecovillage Development projects shall demonstrate how storm-water and wastewater shall be managed on the site such that water quality and surrounding properties are not negatively impacted by the development. 15) The level of servicing appropriate to each proposal shall be defined for consideration by the Regional Board, however, it is noted that all development must be serviced with a water system meeting the requirements of the Safe Drinking Water Regulation. Transportation Policies Transportation policies relevant to this application state that Lumby Mabel Lake Road is designated as a Major Road and Major Roads shall have a minimum width of 25 metres. Page 48 of 80

58 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 8 Water Policies Potable water shall be provided through community water systems for comprehensive residential (i.e. ecovillage), recreational, industrial, and commercial developments. Riparian Development Permit Area The area within 30 metres of Bessette Creek and its tributaries are designated as a Riparian Development Permit Area for protection of natural features, functions and conditions that support natural processes. Hazardous Lands Development Permit Area Lands subject to hazardous conditions and designated as the Hazardous Lands Development Permit Area include, but are not limited to: all Provincially designated floodplains including those that exist along Bessette Creek. ZONING BYLAW: The subject property is zoned Large Holdings (L.H) in Regional District of North Okanagan Zoning Bylaw No. 1888, Lots that are proposed to be subdivided within the L.H zone must have an area of not less than 30.5 ha. Uses permitted in the L.H zone include single and two family dwellings, manufactured homes, ancillary single family dwellings, accessory buildings and structures, accessory farm sales, bed and breakfast uses, boarding house uses, community care facilities, fruit and produce pickers cabins and work force housing units, home occupations, intensive and limited agricultural uses, packing houses, public parks and playgrounds, rapid infiltration and spray irrigation of treated effluent, resource uses, veterinary clinics, wineries and cideries. The number of dwellings allowed per lot in the L.H zone may not exceed: 1) one single family dwelling or one two family dwelling or one manufactured home; and 2) for lands that are located within the ALR, additional single family dwellings shall not be permitted unless the owner has first submitted an application to the ALC; and 3) one ancillary single family dwelling on land in and out of the ALR; and 4) one work force housing unit per 8 ha of land forming the farm or resource unit, and with a gross floor area which shall not exceed 55 m 2 (592 sq. ft.); and 5) fruit and produce pickers cabins with a gross floor area which shall not exceed 25 m 2. Work force housing units are not permitted on a lot of less than 4 ha and must not be used for permanent residency nor for rental purposes and shall be approved by Interior Health. Zoning Bylaw No. 1888, 2003 does not include a zone that would permit the type of uses proposed by the applicant. Should this non-farm use application be approved by the ALC, amendments to the Regional Growth Strategy and Official Community Plan, and a new Comprehensive Development zone would need to be created in order to accommodate the proposed development. Page 49 of 80

59 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 9 Parking and Loading Section of the Zoning Bylaw requires 1.2 parking spaces for each residential dwelling unit in a condominium / townhouse development. In this regard, the proposed development of 30 townhouse-style dwelling units would require 36 parking spaces. The site plan indicates 30 parking spaces are proposed in the vicinity of the housing units. With regard to the westerly building, the application proposes that this building may include a restaurant, learning centre, office space and bunk house and/or hostel style accommodation. Section of the Zoning Bylaw requires 10.6 parking spaces per 100 m 2 gross floor area of a family restaurant. It is suggested that the parking required for a tourist attraction would be most comparable to what should be required for the learning centre. A tourist attraction requires one parking space per four persons capacity of which ten percent (10%) of the total required parking shall be designed for recreation vehicles. Office space requires 2.8 parking spaces per 100 m 2 of gross floor area. Lastly, whereas neither a bunkhouse nor hostel are listed in the Zoning Bylaw s Schedule of Parking Requirments, the most similar types of uses which are listed would be a non-convention hotel which would require 0.57 parking spaces per room. The site plan shows 18 parking spaces adjacent to the westerly building and while details as to the size of this proposed mixed-use building were not submitted with this application, this information would be required if this proposal proceeds to the rezoning stage. Within each parking area, maneuvering aisles must be not less than 8 m wide for right angle parking. Loading spaces are not required for a residential development however the mixed use building would require at least one loading space sized to accommodate a vehicle which is at least 9 m in length and 2.4 m in width. All parking and loading areas would be required to be paved, curbed and must manage stormwater in accordance with the Zoning Bylaw. PLANNING ANALYSIS: The Planning Department recommends that this application for a non-farm use within the ALR not be authorized for submission to the Agricultural Land Commission as it does not comply with the Agricultural Policies of the Electoral Areas D and E Official Community Plan which state that lands designated Agricultural and within the ALR are intended to be used for agricultural purposes and associated uses, not for development at residential densities. Overall, the proposed development of 30 units on 12.1 ha equates to one unit per 0.4 ha. In addition, the proposal would be contrary to the Special Use Area Ecovillage Development policy which indicates that comprehensive developments on agricultural land should be avoided or heavily buffered. To achieve the OCP s Policies to support agriculture and the efforts of the ALC to protect and enhance farmland, it is suggested that avoidance of non-farm uses on agricultural land would be more effective than buffering non-farm uses (on farm land) from farm uses. Aspects of the proposed development are consistent with Official Community Plan policies and may be beneficial to agriculture however efforts such as soil rehabilitation, construction of a new irrigation well, agri-tourism, agriculture-related education, and developing an organic farm on the Page 50 of 80

60 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 10 property could be undertaken without the proposed non-farm uses; especially without the real estate development aspects of the proposal to construct and sell 30 residential strata units. In addition to inconsistencies with Official Community Plan policies, the absence of a community sewer system is also problematic given that an area would be required for an on-site disposal system and a back-up disposal area, sufficient to service 30 homes plus the additional non-farm buildings. In this regard, disposal areas may require land in the range of 463 m 2 to 926 m 2. While each situation is unique, it is pertinent to note the ALC s 2011 refusal of a proposal to install a 780 m 2 treated effluent disposal field with a back-up disposal field of similar size, on Class 3 ALR land in Spallumcheen which was intended to service a 26 lot residential development on adjacent non-alr land. The ALC concluded, in part, that the proposal for the septic disposal area on ALR land was inconsistent with the objective of the Agricultural Land Commission Act to preserve agricultural land and the application was denied. Subsequent to submission of the original application, the applicant has confirmed with the Planning Department that, not including the on-site wastewater disposal areas, the size of the area proposed for the housing, common building and parking would be approximately 1.3 ha and the westerly development area proposed for the agri-tourism building which may include a restaurant, learning centre, offices, and accommodation, together with its associated parking would be approximately 0.2 ha in size. The applicant s vision for an Ecovillage which brings together like-minded individuals in a context which combines organic farming, learning, economic opportunities, and mutual collaboration is admirable, however implementation of this vision over both the short and longer term is uncertain. For any number of reasons, even the most enthusiastic, well-intentioned Ecovillage residents may find that, over time, they no longer wish to participate in the Ecovillage lifestyle. In this regard, there is potential that the Ecovillage could devolve into what is simply a multi-family residential development on ALR land. Unfortunately, there is no mechanism to provide certainty to the community that the proposed multi-family residential component of the development will have any relationship to the farming component. In other words, there is no way to ensure, either over the short or longer term, that any of the strata unit owners or tenants would participate in farming activities on the subject property. Despite the applicant s best intentions, the residential component of this application would essentially be a multi-family development in the ALR and support of this application would set a precedent that may encourage other ALR landowners to apply for similar approvals. The applicant has cited Yarrow as an example of a successful ecovillage situated within the City of Chilliwack. Whereas Yarrow may have desirable attributes on which to model a North Okanagan Ecovillage project, there are also key differences. Perhaps most significant amongst the differences is that the housing and commercial components of the Yarrow Ecovillage are not located within the ALR. The Yarrow Ecovillage is serviced by community water and an on-site sewage disposal system. The applicant has noted that the most challenging part of the Ecovillage concept is the proposed construction of 30 homes in the ALR. Staff acknowledge the difficulty in finding the ideal property which combines non-alr land for the non-farm uses and decent agricultural land for the farm components, nevertheless for the above noted reasons, staff cannot recommend support for this development as proposed. The applicant s investment of time and resources in the preparation of this proposal is also acknowledged, however it is to be noted that well in Page 51 of 80

61 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 11 advance of the submission of this application, Planning staff had advised proponents of this Ecovillage concept that there would be a low likelihood of support for any non-farm use of land in the ALR. SUMMARY: This is an Agricultural Land Commission application for a non-farm use related to the proposed development of 30 strata dwelling units and other non-farm buildings on the subject property located at 714 Lumby Mabel Lake Road. The Planning Department recommends that the application not be supported for the following reasons: i. the proposed development would trigger a need to amend the Rural Protection Boundaries as defined in the Regional Growth Strategy which are to be considered during the RGS Five Year Review (see RGS policy UC 2.3); ii. the proposed development would be contrary to the Official Community Plan which states that lands designated Agricultural and within the ALR are intended to be used for agricultural purposes; iii. the proposed development would be contrary to the OCP Ecovillage Development policy which indicates that comprehensive developments on agricultural land should be avoided; iv. on-site wastewater treatment and disposal would require areas for the effluent dispersal fields thus potentially removing an area in the range of 463 m2 to 926 m 2 of ALR land from the full range of potential agricultural uses; v. the proposed residential node and the westerly mixed use building, including associated parking would remove a combined area of approximately 1.5 ha or 12% of ALR land from agricultural use; and vi. developing the property as proposed is not a prerequisite to using or enhancing the agricultural use and potential of the subject property, including the ability to have some additional forms of accommodation for farm help such as fruit and produce pickers cabins and work force housing. Details of the Ecovillage business plan, strata bylaws, and the proposed Farm Team s role, responsibility and legal status have not been provided. The applicant s complete submission is available for review by the Board of Directors at the Planning Department. REFERRALS: The application was referred for comments to the following: 1. Electoral Area D Director 2. Electoral Area D Advisory Planning Commission 3. Electoral Area Advisory Committee 4. Regional District Environmental Services Department 5. Building Inspection Department 6. Interior Health Authority 7. Regional Agricultural Advisory Committee 8. Agricultural Land Commission Application The Committee reviewed the application at their meeting on January 23, 2014 and provided the following comments: Page 52 of 80

62 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 12 Concept/intention of the project is admirable; however: Not enough information of the farming plan is provided to conclude the application is a benefit to agriculture; Lack of obligation/requirement to farm the property in addition to the housing development; Site and context does not seem appropriate; and, Approval of the application could be precedent setting. 9. Ministry of Agriculture A thorough application and laudable effort; however, the benefits to the agricultural potential of this property is based on conjecture. The agricultural potential of the piece of land that is proposed for farming is not strongly enhanced, based on the science and arguments provided in the application. The socio/economic benefits are a function of more variables than what is presented in this application, such as capitalization, strategy to attain intensive/high value agriculture, governance between home owners and the actual farming decisions, etc. 10. Sustainability Coordinator The sustainability issues raised by this non-farm use application are characteristic of rural residential developments in general and it raises concerns regarding the net loss of agricultural lands to a 30 unit residential development. In general the proposed development is inconsistent with a number of the goals and objectives of the community as expressed by the OCP and would ultimately require an Official Community Plan amendment and rezoning. Developments of this nature raise a number of issues with regard to the cumulative impacts of increasing the number of residences in rural areas. Issues that need to be considered include; Loss of Agricultural Lands o The capacity for the property to be used for agricultural purposes will be further reduced by the proposed development which includes 30 residential units, a common house, outbuildings and parking. Although this property is not currently used for agricultural production, by increasing the area used for buildings and parking, the potential for future use of the property for agricultural purposes will be further eroded. Fragmentation of the rural landscape o Preservation of the rural landscape and rural way of life are often expressed as concerns. Increases in the residential density contribute to the fragmentation of the rural landscape changing its nature. Cumulative impacts of ground water extraction and long term supply o In considering the sustainability of a rural residential development more than just the needs of the initial home builders need to be considered. Increasing the number of wells and groundwater extractions may impact existing users, hydraulically connected surface water bodies and associated ecosystems. Maintenance of adequate long-term water supply for all communities (human and ecological) needs to be addressed when considering rural residential developments. Page 53 of 80

63 February 19, Item E.4 Agricultural Land Commission Application D-ALR (GODDARD-SIMPSON) Page 13 Cumulative impacts of large volumes of sewage disposal to the ground (large septic field or several small fields). With an increasing number of septic fields in any one area, there is an increased risk of contamination of ground and surface water bodies. o The proposed residential density of 30 units on 12 ha of land greatly exceeds the one residential unit per 1 ha policy of the Province, Interior Health Authority and Board as it relates to sewage disposal. Habitat protection (Bessette Creek is a salmon-bearing watercourse) Rural development may lead to substantial removal of native vegetation. Sustainable development should protect or improve local habitats and biodiversity. Transportation and associated greenhouse gas emissions. o Development in rural areas leads to an increase in vehicle use and longer vehicle trips both during development and once established, especially when residents commute for work, school and recreation activities. (Public transit is not available at this location.) o The limited opportunity for on-site employment means that the majority of residents within the Ecovillage would likely need to commute for work. With the growing concern regarding greenhouse gas emissions and climate change, consideration of vehicle impacts, transportation alternatives or lack there of and the proximity to services needs to be considered in the sustainability of larger density developments in rural areas. The benefits of an Ecovillage are not to be overlooked as this housing form has the potential for significant Social, Health and Affordable Housing opportunities including: Increase in the sense of community and belonging of inhabitants. The opportunity for mutual aid, social gatherings, and an increased sense of well being. This can lead to a lower stress lifestyle which improves ones mental and physical health. Affordability in housing and ability of owning property for larger scale farming purposes. *Although there are numerous benefits to an Ecovillage it must be appropriately located to ensure that agricultural lands are not negatively impacted and that appropriate levels of services are available (e.g. community sewer & water services and fire protection). 11. Ministry of Transportation and Infrastructure The Ministry of Transportation and Infrastructure has no objections, in principle, to this proposal. This approval, in no way constitutes approval of a future subdivision. The following should be addressed in the early planning stages of the development as it may affect the layout: Access to multi-family development requires a shared access permit from the Ministry of Transportation and Infrastructure; The intersection of the proposed access road and Lumby-Mabel Lake Road may not be approved as shown on the design. It is situated very close to a curve which may limit the sight distance. For the type of development and speed limit, a minimum of 144 m sight distance is required in both directions. If this cannot be achieved, the access road will require relocation before a permit can be issued. 12. Ministry of Environment The Ecosystems Section of the Ministry of Forests, Lands and Natural Resource Operations provides the following comments: Page 54 of 80

64 Page 55 of 80 BOARD of DIRECTORS - REGULAR AGENDA February 19, Item E.4

65 File: Applicant: Location: BOARD of DIRECTORS - REGULAR AGENDA February 19, Item E.4 ELECTORAL AREA "D" AGRICULTURAL LAND COMMISSION APPLICATION SUBJECT PROPERTY MAP D-ALR GWYLL YN GODDARD C/0 J. ASHFIELD SIMPSON NOTARY 714 MABEL LAKE ROAD E 1/2 OF NW 1/4 B,\.v X J f.i l' r ~ ~ Rem~"'-' j 773 ~ i.... ~ ~, 1 PLAN 5355 '""-~ -.. ~'\... "' ' '\')., P t ~-~w I illo.. 7??. ''q;<' i w Page 56 of 80

66 February 19, Item E.4 Appendix 1: Proposed Site Plan Page 57 of 80 Okanagan Ecovillage Proposed Site Plan (1 :1200) 0 20 Scale (metres) CD. r 1g 1 n PLANNING. COLlABORATIVE