THE CORPORATION OF THE DISTRICT OF COLDSTREAM

Transcription

1 THE CORPORATION OF THE DISTRICT OF COLDSTREAM Minutes of the Fire Department Liaison Committee Held Tuesday, April 21,2009 in the Coldstream Municipal Hall 9901 Kalamalka Road, Coldstream, BC CALL TO ORDER: PRESENT: ABSENT: ALSO PRESENT: Chair Dirk called the meeting to order at 4:30 pm. Mayor Garlick Councillor Dirk (Chair) Chief Lecavalier, Coldstream Hall K. Unsinn, Coldstream Fire Hall D, Wilson, Coldstream Fire Hall Chief Garrington, Lavington Fire Hall R. Campbell, Lavington Fire Hall. B. Holmes, Lavington Fire Hall K. Baggett, Municipal Clerk/Corporate Officer COLDSTREAM FIRE HALL APPROVAL OF AGENDA Moved by Lecavalier, seconded by Wilson, THAT the agenda for the Fire Department Liaison Committee Meeting be approved with the following additions under items for discussion: a. Annual Report Statistics I). Lighting in the Coldstream Fire Hall * ADOPTION OF THE MINUTES a. Adoption of the Minutes of the Meeting of the Fire Department Liaison Committee, held Tuesday, April 7,2009 Moved by Garlick, seconded by Lecavalier, THAT the Minutes of the Meeting of the Fire Department Liaison Committee, held Tuesday, April 7, 2009, be adopted as circulated. 1

2 Fire Department Liaison Committee Agenda April 21,2009 Page 2 3. ITEMS FOR DISCUSSION a. Follow-up and Updated Status of Items (1) 4x4 Truck Warranty Issue Chief Lecavalier confirmed this issue had been resolved. (2) Training Materials Chief Lecavalier noted his interest in the "Action Systems" Training Package. The Chief indicated that the modules were computer based. Chief Lecavalier recommended that it would be worthwhile to do more research into training packages to see which would be the best value. (3) Zone Three Fire Chiefs Meeting Chief Lecavalier reported that the following items were discussed at the recent Zone Three Fire Chiefs Meeting: The Fire Act will not be re-done until after the 2010 Olympics ECOM Frequency may be introduced to the Okanagan Area There is a new Liaison, Randy Shaw Late responses from BC Hydro There may be repayment opportunities from ICBC, BC Hydro and Terasen Gas for fire services provided (4) Coldstream Bui -nine Season Chief Lecavalier indicated that the Coldstream Fire Hall received three complaints this season. Chief Lecavalier also noted that Coldstream Firehall responded to a fire in Kalamalka Provincial Park and advised that protocol dictates the Fire Hall mu t obtain permission from the Province to respond to fires within provincial parks as the responsibility for responding to those fires belongs to the Ministry. (5) Lighting in the Coldstream Fire Hall Chief Lecavalier advised that the lighting staying on was an issue and could be resolved with some rewiring work and installation of a few motion-detector lights. Chief Lecavalier further advised that he had ticketed electricians in the membership that could do the necessary work. The Committee agreed that the work could proceed for the rewiring and that Chief Lecavalier should contact the District's Building Official to oversee the works being undertaken. 2

3 Fire Department Liaison Committee Agenda April 21,2009 Page 3 (6) Annual Report Statistics & Spring Newsletter The Committee agreed that the Fire Chief would contact the Executive Research Coordinator directly to arrange for submission of statistical data for the District's 2009 Annual Report and for an article to be published in the Spring Newsletter. b. Long-Term Planning: Regional Functions Chief Lecavaiier indicated that he would be meeting with the City of Vernon Fire Chief, Jeff Carlisle, on April 23, 2009 prior to the 2009 Wildfire Season Review scheduled for the same day. Chief Lecavaiier requested direction from the Committee as to whether or not he should broach the following subjects with Chief Carlisle: (1) Fire Training Centre (2) Computer Aided Dispatch (CAD) (3) Boundary Realignments (4) Chlorine/Ammonia Agreement (5) Regional Jaws of Life Agreement The Committee agreed it would be beneficial for the Chief Lecavaiier to have conversations regarding the above topics with Chief Carlisle to ascertain the City's position on those subjects. c. Insurance Coverage Chief Lecavaiier had not heard back from the insurance reviewer and requested that this item be deferred to the next Fire Department Liaison Committee Meeting. 4. UNFINISHED BUSINESS a. Automatic Aid Chair Dirk indicated that he would be speaking with Chief Garrington regarding the Automatic Aid Agreement. 3

4 Fire Department Liaison Committee Agenda April 21, 2009 Page 4 b. Sidewalk Curbing at Coldstream Fire Hall 5. ADJOURNMENT Mayor Garlick indicated that Council had approved removal of the curbing at the back of the Coldstream Fire Hall and would see what could be done with respect to landscaping along Aberdeen Road. Council has also approved widening of the road beside the Fire Hall. It was suggested that for the widening of the road there may be some lock blocks available from the Lavington Glass Plant at very low cost or no cost. Councillor Dirk would contact Len Comeau at the 01 Glass Plant to determine if there were lock blocks available for donation or purchase. Moved by Wilson, seconded by Unsinn, THAT the meeting of the Fire Department Liaison Committee, held April 7, 2009, be recessed. The Fire Department Liaison Committee Meeting recessed at 5:30 pm. The Coldstream Fire Hall Executive - Chief Lecavalier, K. Unsinn, and D. Wilson - left the meeting at 5:30 pm. The Lavington Fire Hall Executive - T. Garrington and R. Campbell - entered the meeting at 6:05 pm. LAVINGTON FIRE HALL 1. * APPROVAL PR-AGENDA Moved by Campbell, seconded by Garrington, THAT the agenda for the Fire Department Liaison Committee Meeting be approved with the following additions: a. Landscaping b. Training Materials c. Lighting in the Fire Halls d. Annual Report Statistics 4

5 Fire Department Liaison Committee Agenda April 21,2009 Page 5 2. ITEMS FOR DISCUSSION a. Landscaping Chief Garrington advised that he is working with the Lavington Community Association to formulate a landscape plan and indicated he would bring this plan forward to a future Committee Meeting. Chief Garrington suggested that a few loads of topsoil will be required and advised that the Lavington Turf Farm has come forward to offer a donation of turf. The Chief expected a plan would be ready by June 2009 for Council's consideration. b. Lighting in the Lavington Fire Hall Chief Garrington suggested that motion detector lights were preferred. Chair Dirk suggested that the Chief should work with the Building Official to determine where the motion detector lights should be installed and arrange for any necessary rewiring. Moved by Garrington, seconded by Campbell, THAT the Fire Department Liaison Committee recommends to Council that staff be requested to work with the Lavington Fire Hall to rewire the lighting at the Lavington Fire Hall and to determine and install motion detector lights where appropriate. c. Coklstream Burning Season Chief Garrington indicated that the Lavington Fire Hall received two complaints this season d. Training Materials Chair Dirk inquired as to what training package the Lavington Fire Hall was using and if Chief Garrrington had heard of "Action Systems". Chief Garrington indicated he was not familiar with "Action Systems" training packages. He noted that the Lavington Fire Hall had always used the IFSA/NFPA Training Package and recently purchased the upgrade, Version 6, for the Fire Hall. Chief Garrington further advised that this upgrade included computer based training. 5

6 Fire Department Liaison Committee Agenda April 21, 2009 Page 6 There was further discussion with respect to Vernon withdrawing from various functions and how this would impact the Fire Halls in Coldstream. Chief Garrington indicated that the fire training centre had been very beneficial and would not want to lose the facility. If Vernon were to take over the facility, he understood that the City would hire a full time training officer; however, costs to participate in the service would likely escalate. He also noted, that under the Vernon Union Contract, they would not train volunteers. e. Long Term Planning Issues (1) Memorandum of Understanding and Communications Protocol Language f. Insurance Policy The Committee agreed that this item would be brought forward to a future Committee meeting. Chief Garrington indicated that the Lavington Fire Hall did not have any feedback to provide at this time; however they would support an improved package if one was presented. g- Automatic Aid Chief Garrington explained that under the Automatic Aid Agreement between the Coldstream and Lavington Fire Halls, both Fire Halls were dispatched to known structure fires only. The protocol was to respond to the boundary and wait for a call in from the scene commander, who would determine if aid is required. Chief Garrington mdicated he would prefer that both Fire Halls respond to the scene directly to avoid a delay in aid by waiting at the boundary for a call in. h. Lavington Representatives The Committee agreed that two representatives from the Lavington Fire Hall were sufficient for committee meeting attendance. It was further agreed that if Lavington did not have issues for discussion or wanted to provided input via or phone call, that would also be sufficient. The Committee also had a discussion with respect to tracking time spent for extra projects and meetings in which members are not paid for. The Committee was interested in reviewing the existing policies for remuneration for extra work and time provided by Fire Hall members.

7 Fire Department Liaison Committee Agenda April 21,2009 Page 7 Moved by Campbell, seconded by Garrington, THAT the Fire Department Liaison Committee Meeting, held April 21,2009, be adjourned. The Fire Department Liaison Committee adjourned at 6:55 pm. CERTIFIED CORRECT Executive Research Coordinator Chair 7

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9 THE CORPORATION OF THE DISTRICT OF COLDSTREAM Minutes of the Economic Development Advisory Committee Meeting of the District of Coldstream held Monday, April 20, 2009 in the Municipal Hall Council Chambers 9901 Kalamalka Road, Coldstream, BC CALL TO ORDER: PRESENT: ABSENT: ALSO PRESENT: The Chief Administrative Officer called the meeting to order at 7:00 pm Councillors Cochrane and Enns R. Baker J. Cookson P. Rutten G. Maguire J. Pearson M. Stamhuis, Chief Administrative Officer 1- ELECTION OF CHAIR K. Austin, Municipal Clerk/Recording Secretary Mayor Garlick and Councillor Besso 1 Person in the Gallery Moved by Enns, seconded by Baker,: THAT the election of a Chair for the Economic Development Advisory Committee be deferred until the May 19,2009 meeting of the Committee. No. ECD It was agreed by the Committee that Jim Cookson would Chair the April 20, 2009 Economic Development Advisory Committee meeting in the absence of an elected Chair. 2. TERMS OF REFERENCE Moved by Baker, seconded by Rutten, THAT the Economic Development Advisory Committee Terms of Reference be received for information. No. ECD

10 Minutes of the Economic Development Advisory Committee April 20, 2009 Page 2 3. DISCUSSION OF PRIORITIES The Committee had a discussion of various priorities to consider. It was determined that the following priorities should be explored further: 01 Glass Plant property - new ownership Develop strategies to increase commercial agricultural opportunities (57% of the land base in Coldstream is designated agricultural) Develop marketing materials to attract economic development opportunities to the District of Coldstream Strategies for developing the Town Centre Develop a partnership with the Okanagan College to have their students work on Economic Development Projects with the Committee Develop relationships with existing businesses in Coldstream (i.e. Tolko)" Develop relationships with partners (i.e. the City of Vernon) It was noted that it would be beneficial to tour the areas designated commercial and industrial as well as tour the 01 Glass Plant site and building. Staff were requested to arrange a tour prior to the next Committee meeting. The Committee requested a map of the District, indicating which properties were zoned commercial and industrial as well as an inventory of the existing businesses licensed in the District. In addition, the sections of the Official Community Plan that reference agricultural, commercial and industrial lands were also requested for reference. The Committee further discussed options for getting input and feedback from the community and it was suggested that one of the ways the committee could communicate would be to submit an article for the District's spring newsletter. The Staff Liaison indicated that another possibility would be to encourage feedback through the District website or an "open house", depending on the project feedback being sought. Mayor Garlic^indicated that Council viewed Economic Development as a priority for the District and to that end Council had set aside a budget for Economic Development activities NEXT MEETING Tuesday, May 19 th, 2009 in the Municipal Hall Chambers at 7:00 pm.

11 Minutes of the Economic Development Advisory Committee April 20, 2009 Page 3 5- ADJOURNMENT Moved by Enns, seconded by Rutten, THAT the meeting of the Economic Development Advisory Committee, held Monday, April 20, 2009, be adjourned. No. ECD The meeting of the Economic Development Advisory Committee adjourned at 8:30 pm. CERTIFIED CORRECT Recording Secretary Chair 11

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13 THE CORPORATION OF THE DISTRICT OF COLDSTREAM Minutes of the Technical Advisory Committee Meeting of the District of Coldstream held Monday, April 20, 2009 in the Municipal Hall Council Chambers 9901 Kalamalka Road, Coldstream, BC CALL TO ORDER: PRESENT: ALSO PRESENT: Mayor Garlick called the meeting to order at 4:35 pm Mayor Garlick Councillors Besso, Dirk, Enns, Firman and Kiss Councillor Cochrane (as entered in the minutes) M. Stamhuis, Chief Administrative Officer K. Austin, Municipal Clerk/Recording Secretary C. Broderick, Director of Development Services M. Pethick, Operations Superintendent 4 Persons in the Gallery 1. APPROVAL 01- AGENDA Moved by Kiss, seconded by Dirk, THAT the agenda for the nm-liiiu of the Technical Advisory Committee, be approved as circulated. No. TEC CARRH'.D 2. TERMS OF REFERENCE The Technical Committee's Terms of Reference were circulated for information. 3. ADOPTION OF MINUTES Minutes of the Traffic Safety Committee Meeting held January 19, 2009 Moved by Enns, seconded by Kiss, THAT the minutes of the Traffic Safety Committee Meeting, held January 19, 2009, be adopted as circulated. No. TEC

14 Minutes of the Technical Advisory Committee Meeting April 20, 2009 Page 2 4. NEW BUSINESS a. Transit Routes from Sherry Hilderman, dated February 24, 2009 Moved by Dirk, seconded by Firman, THAT the from Sherry Hilderman, dated February 27, 2009, regarding Transit Routes, be received; AND THAT Council be recommended to forward the from Sherry Hilderman, dated February 27,2009, to the Regional District of North Okanagan Transit Advisory Committee for response. No. TEC b. Proposed Bicycle Lane on School Road Letter from Gerry Johnson, dated January 26, 2009 Moved by Dirk, seconded by Kiss, THAT the letter from Gerry Johnson, dated January 26, 2009, regarding Proposed Bicycle Lane on School Road, be received; AND THAT the letter from (Jerry Johnson, dated January 26,2009, be included as correspondence for action, on the agenda for Regular Meeting of Council scheduled for April 27, No. TEC c. Pavement Management Plan Report from the Chief Administrative Officer, dated April 14, 2009 Councillor Cochrane entered the meeting at 4:55 pm. Moved by Dirk, seconded by Kiss, THAT the report from the Chief Administrative Officer, dated April 14,2009, regarding 2009 Road Resurfacing Program be received;

15 Minutes of the Technical Advisory Committee Meeting April 20, 2009 Page 3 AND THAT the following Revenue/Expenditure Plan for Road Resurfacing for be recommended to Council for planning purposes: Revenue Expenditure 2010 $ 600,000 $ 700,000 (Transfer $100,000 from Reserve) , ,000 (Transfer $100,000 from Reserve) , , ,000,000 1,000,000 AND FURTHER THAT the following roads be identified for resurfacing in the 2009 Road Resurfacing Program: Cypress Drive (Buchanan to Ravine) Summit Drive (Priest Valley to Paifrey West) Hawthorne Drive (subject to available funding). No. TEC Council discussed traffic volume on various' roads and requested that staff include Traffic Counters as an item for discussion at the Regular Meeting of Council scheduled for April 27, d. Kalavista Boat Lamuli With respect to Kalavista Boat Launch, the Committee discussed the issues of parking lot configuration, on-street parking of vehicles and boat trailers, signage, creating queuing areas, limiting access to the parking lot and post locations. Discussion included various options to control the traffic in the Kalavista Boat Launch area and the limitation of the number of boats being launched. The Committee agreed that the parking lot should have a reduced number of parking spaces available and that there should only be one access in and out of the parking lot, that being the one across from Alexander's Pub. The Committee also agreed that there should be clear signage installed along Kalamalka Road from Kalavista Road up to, and including, Kidston Road that stated "No Boat Trailer Parking" and that areas in front of residential driveways along Kalavista Road between the boat launch and Alexander's Pub should be painted and signed to make it clear that stopping was not permitted. With respect to the location of posts in the parking lot to protect the riparian area around the lagoon, the Committee requested further information from staff as to what would be an appropriate setback from the riparian area. 15

16 Minutes of the Technical Advisory Committee Meeting April 20, 2009 Page 4 It was brought to the Committee's attention that Greater Vernon Advisory Committee (GVAC) had already begun marking the parking lot for the installation of a second, gated access. The Committee requested that the staff liaison contact GVAC and explain that only one access is desired at this time. Moved by Kiss, seconded by Firman, THAT the following recommendations as discussed by the Technical Advisory Committee, be forwarded to Council for their consideration and discussion at their Regular Meeting scheduled for April 27, 2009: Reduce parking lot access to one (across from Alexander's Pub) and request GVAC not install a second gated access; Install signage on Kalamalka Road and Kidston Road indicating "no boat trailer parking"; Designate areas in front of residential driveways on Kalavista as "no stopping" zones; Install no-posts along Kalavista Road to block the second access and the unofficial third access (through the treed lot); Receive information from staff recommending an appropriate set back from the riparian area in which to install posts to protect the area; Request information from staff with regard to a towing contract to remove vehicles and trailers parked in areas where there is no parking indicated. No. TEC NEXT MEETING ah Tuesday, M%19, 2009 in the Municipal Hall Chambers at 4:30 pm. 16

17 Mmutes of the Technical Advisory Committee Meeting April 20, ADJOURNMENT Moved by Kiss, seconded by Firman, THAT the meeting of the Technical Advisory Committee, held Monday, April 20, 2009, be adjourned. No. TECH-007 The meeting of the Technical Advisory Committee adjourned at 6:30 pm. CERTIFIED CORRECT Recording Secretary Chair

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19 THE CORPORATION OF THE DISTRICT OF COLDSTREAM Minutes of the Regular Meeting of the Council of the District of Coldstream held Tuesday, April 14,2009 in the Coldstream Municipal Hall Chambers 9901 Kalamalka Road, Coldstream, BC CALL TO ORDER: PRESENT: STAFF: ALSO PRESENT: Mayor Garlick called the meeting to order at 6:00 pm Mayor Garlick Councillors Besso, Cochrane, Firman, Kiss Councillors Dirk andenns (asentered intheminutes) M. Stamhuis, Chief Administrative Officer. K. Baggett, Municipal Clerk/Corporate Officer. B. Bibby, Building Official C. Broderick, Director of Development Services 1 media 23 in the Gallery APPROVAL OF AGENDA Moved by Cochrane, seconded by Be^n. THAT the agenda for the Regular Meeting of the Council of the District of Coldstream be approved with the following addition: lo.a. Sustainability Briefing Session held April 6, 2009 No. REG20O9-182 Councillor Dirk joined the meeting at 6:02 pm. DELEGATIONS a. OI Glass Plant Property Mr. Nick Alexis explained to Council that he had heard several rumours of various businesses being interested in occupying the former OI Glass Plant in Lavington. Mr. Alexis was concerned that, depending on the nature of the business purchasing the plant, there could be significant increases to traffic on Hill Drive and therefore an increased impact on residents due to noise, dust and dirt. Mr. Alexis suggested that a road be built to move industrial traffic away from Hill Drive.

20 Minutes of a Regular Meeting of Council April 14, 2009 Page 2 b. Agricultural Land Reserve Application No ALR, Lots ,197A, ,207A, , Plan 1216, Rosebush Gravel Pit (Coldstream Ranch) Mr. Ted Osborn provided Council with some additional information he had received from the Ministry of Transportation with regard to safety concerns at the intersection of Rose Bush Gravel Pit access road and Highway 6. Mr. Osborn indicated that before the Ministry would allow Coldstream Ranch to make changes to the access for safety reasons, the Ministry required the Ranch to submit a detailed traffic impact study to analyze the intersection of Rose Bush Gravel Pit access road and Highway 6. With respect to the Archaeological Impact Study requested, due to the subject area being greater than 10 hectares, Mr. Osborn indicated that since the melting of the snow, it had been determined that the subject area was approximately one (1) hectare. Mr. Osborn indicated that he had requested direction from Ray Kenny, Permitting and Assessment, Archaeology Branch, to determine if the study would still be required given that the subject area had been greatly reduced. c. Agricultural Land Reserve Application No ALR, Lots ,197A, , 207A, , Plan 1216, Rosebush Gravel Pit (Coldstream Ranch) from Jeff Mellows, dated March 12, 2009 Letter from Carol Abemathy, dated April 14, 2009 Ms. Carol Abemathy, of 8051 Buchanan Road, spoke on behalf of Buchanan Road Residents and indicated that they did not support Coldstream Ranch's application and urged Council not forward the application to the Agricultural T.and Commission. 3. PUULIC OPPORTUNITY TO ADDRESS COUNCIL a. Agricultural Land Reserve Application No ALR, Lots ,197A, , 207A, , Plan 1216, Rosebush Gravel Pit (Coldstream Ranch) (1) Mr. Ed Lane, of 7917 Buchanan Road, requested an explanation of the staff recommendation with regard to the Coldstream Ranch application. The Director of Development Services provided and overview of the recommendation and the conditions attached to it. Mr. Lane advised Council that he had witnessed soil removal at the Rose Bush Gravel Pit, despite a stop work order having been issued. Mr. Lane indicated that he believed the soils being removed were of very good agricultural quality and should remain undisturbed.

21 Minutes of a Regular Meeting of Council April 14, 2009 Page 3 (2) Mr. Steve Heeren, of Palfrey Drive, representing the Coldstream Rate Payers Association, advised that the Association wished to be on record as supporting the positions taken by Ms. Carol Abemathy and Mr. Ed Lane. Mr. Heeren also noted that he was concerned with the potential impact of the Trade, Investment and Labour Mobility Agreement (TILMA), in that under that Agreement, if the District was found to be impeding a business 5 ability to operate the District may face penalties. c. Options for Commenting on a Liquor-Primary Licence Application for Barbara Mitchell (Highlands Golf), at 7961 Buchanan Road Sheila Schwartz, of 8019 Buchanan Road, advised Council she was opposed to the Highlands Golf Course application to change their liquor licence to a Liquor- Primary Licence. Ms. Schwartz indicated that a liquor-primary establishment did not fit in with the neighbourhood. 4. ADOPTION OF MINUTES a. Receipt of the Minutes and Recommendations of a meeting of the Fire Department Liaison Committee, held Tuesday, April 7, 2009 Moved by Dirk, seconded by Besso, THAT the minutes and recommendations of a meeting of the Fire Department Liaison Committee, held Tuesday, April 7, 2009, be received for information. No. UKG b. Receipt o 4he Minutes and Recommendations of a meeting of the Finance Committee, held Monday, March 30, 2009 Moved by Dirk, seconded by Besso, THAT the minutes and recommendations of a meeting of the Finance Committee, held Monday, March 30,2009, be received for information. No. REG

22 Minutes of a Regular Meeting of Council April 14, 2009 Page 4 c. Receipt of the Minutes and Recommendations of a meeting of the Fire Department Liaison Committee, held Tuesday, March 24, 2009 Moved by Dirk, seconded by Besso, THAT the minutes and recommendations of a meeting of the Fire Department Liaison Committee, held Tuesday, March 24,2009, be received for information. No. REG S d. Receipt of the Minutes and Recommendations of a meeting of the Agriculture Advisory Committee, held Tuesday, March 24, 2009 Moved by Dirk, seconded by Kcssu, THAT the minutes and recommendations of a meeting of the Agriculture Advisory Committee, held Tuesday, March 24,2009, be received for information. No. REG e. Adoption of the Regular Meeting Minutes of Council, held Monday, March 23, 2009 Moved by Dirk, seconded by Rcsso, THAT the minutes of the Regular Meeting of Council, held Monday, March 23, 2009, be adopted as circulated. No. KKG

23 Minutes of a Regular Meeting of Council April 14,2009 Page 5 5. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER a - Planning and Development (1) Coldstream Ranch - Rosebush Pit Areas Assessed as Industrial as of 2008 Report from the Director of Development Services, dated April 1, 2009 Moved by Besso, seconded by Cochrane, THAT the report from the Director of Development Services, dated April 1,2009, regarding Coldstream Ranch - Rosebush Pit Areas Assessed as Industrial as of 2008, be received for information. No. REG Moved by Dirk, seconded by Kiss, THAT a letter be sent to lic Assessment requesting information as to how property assessments are processed and what role Local Government might have in the assessment process; AND THAT the letter also request BC Assessment to conduct an assessment of the Coldstream Ranch in order to determine which portions are classed industrial and which portions are classed as agricultural. No. REG (2) Agricultural Land Reserve Application No ALR, Lots ,197A, ,207A, , Plan 1216, Rosebush Gravel Pit (Coldstream Ranch) Report from the Director of Development Services, dated Match 31, 2009 Moved by Firman, seconded by Kiss, THAT the report from the Director of Development Services, dated March 31,2009, regarding Agricultural Land Reserve Application No ALR, Lots ,197A, , 207A, , Plan 1216, Rosebush Gravel Pit (Coldstream Ranch), be tabled;

24 Minutes of a Regular Meeting of Council April 14, 2009 Page 6 AND THAT staff be requested to obtain a legal opinion advising the options available to the District with respect to Agricultural Land Reserve Application No ALR, Rose Bush Gravel Pit (Coldstream Ranch). No. REG with Besso, Cochrane and Enns opposed (3) Commercial Uses on Kalamalka Beach Report from the Director of Development Services, dated April 1, 2009 Moved by Kiss, seconded by Firman, THAT the report from the Director of Development Services, dated April 1, 2009, regarding Commercial Uses on Kalamalka Beach, be received; AND THAT further commercial uses not be considered for Kalamalka Beach at this time; AND FURTHER THAT if further commercial uses are to be considered by Council, the issue be referred to the Kalavista Neighbourhood Committee for their consideration and input to Council. No. REG with lies so opposed Moved by Dirk, seconded by Enns, THAT staff be requested to investigate the development zoning specifically for parks and recreation areas. No. REG

25 Minutes of a Regular Meeting of Council April 14,2009 Page 7 (4) Options for Commenting on a Liquor-Primary Licence Application for Barbara Mitchell (Highlands Golf), at 7961 Buchanan Road Report from the Director of Development Services, dated March 31, 2009 Moved by Enns, seconded by Dirk, THAT the report from the Director of Development Services, dated March 31, 2009, regarding Options for Commenting on a Liquor-Primary Licence Application for Barbara Mitchell (Highlands Golf), at 7961 Buchanan Road, he received; AND THAT Council wishes to provide their comments and recommendations to the General Manager, Liquor Control and Licensing Branch, with respect to the Liquor-Primary Licence Application for Barbara Mitchell (Highlands Golf), at 7961 Buchanan Road; AND FURTHER THAT Council gathers the views of residents by holding a public hearing similar to that which would be held for a Zoning Bylaw amendment, advertising for the public hearing in the local newspaper, and mailing notice of the public hearing to landowners on Buchanan Road within a distance of three (3) kilometres in either direction of 7961 Buchanan Road. No. REG CARRIEb b. Engineering and Public Works c. Finance d. Building and Bylaw Enforcement (1) Water License for Kalavista Lagoon Report from the Building Official, dated April 2, 2009 Moved by Dirk, seconded by Cochrane, THAT the report from the Building Official, dated April 2, 2009, regarding Water License for Kalavista Lagoon, be received;

26 Minutes of a Regular Meeting of Council April 14,2009 Page 8 AND THAT Council approve the signing of the abandonment agreement so that Water Licence C for Kalavista Lagoon can be approved by the Ministry of Environment. Moved by Besso, seconded by Kiss, THAT the report from the Building Official, dated April 2, 2009, regarding Water License for Kalavista Lagoon, be tabled. Moved by Dirk, seconded by Enns, THAT staff be requested to bring forward a report to Council with further information with respect (< i copening the creek diversion using a closed pipe system. No. REG (2) Building Inspector's Report for the Month of March, 2009 Report from the Building Official, dated April 1, 2009 Moved by Dirk, seconded by Cochranc, THAT the report from tl e Building Official, dated April 1, 2009, regarding Building Inspector's Report for the Month of March 2009, be received for information. No. REG e. Fire Department f. Administration

27 Minutes of a Regular Meeting of Council April 14,2009 Page 9 6. UNFINISHED BUSINESS a. Outstanding Business List Outstanding Business List, dated March 24, 2009 Moved by Kiss, seconded by Firman, THAT Council and Staff review the Outstanding Business List prior to the next Regular Meeting of Council and make recommendations as to the status of the items to determine which may be removed and which should remain on the listing. No. REG CORRESPONDENCE a. OI Glass Plant Property Letter from Nick and Vi Alexis, received April 7, 2009 Moved by Besso, seconded by Kiss, THAT the letter from Nick and Vi Alexis, received April 7,2009, regarding OT Glass Plant Property, be received for information. No. REG b. Rosebush Gravel Pit - Coldstream Ranch from Jeff Mellows, dated April 6, 2009 Letter from Carol Abernathy, dated April 14, 2009 Moved by Kiss, seconded by Enns, THAT the from Jeff Mellows, dated April 6, 2009 and the letter from Carol Abernathy, dated April 14, 2009, regarding Rosebush Gravel Pit - Coldstream Ranch, be received for information. No. REG

28 Minutes of a Regular Meeting of Council April 14,2009 Page 10 c Riding Club Signage s from Angle Kitcher, dated March 30, 2009 and March 31, 2009 Moved by Kiss, seconded by Firman, THAT the s from Angie Kitcher, dated March 30, 2009 and March 31, 2009, be received for information. No. REG The Chief Administrative Officer confirmed that signage would be erected along Aberdeen Road to indicate the presence of equestrian activities along Aberdeen Road. d. Six Storey Wood-Frame Residential Buildings Letter from the City of Burnaby, dated March 24, 2009 Moved by Kiss, seconded by Enns, THAT the letter from the City of Burnaby, dated March 24,2009, regarding Six Storey Wood-Frame Residential Buildings, be received; AND THAT a letter be sent to the Union of British Columbia Municipalities, supporting the position taken by the City of Burnaby with respect to Six Storey Wood-Frame Residential Buildings. No. REG e. Southern Interior Medivac - Proposal Hmai 1 from Southern Interior Medivac Group, dated March 31, 2009 Moved by Kiss, seconded by Firman, THAT the from Southern Interior Medivac Group, dated March 31, 2009, regarding Southern Interior Medivac - Proposal, be received; AND THAT a letter be sent to the local MLA and local Health Care Administrator supporting the Southern Interior Medivac Group's proposal for a pilot program to operate a dedicated helicopter emergency medical service in the Southern Interior of BC. No. REG

29 Minutes of a Regular Meeting of Council April 14,2009 Page 11 f. Proposed Indigenous Recognition Act Letter from the Union of British Columbia Municipalities, dated March 16, 2009 Moved by Enns, seconded by Besso THAT the letter from the Union of British Columbia Municipalities, dated March 16, 2009, regarding Proposed Indigenous Recognition Act, be received for information. No. REG g- BC Recycling Regulations Letter from BC Bottle Depot Association, dated March 25, 2009 Moved by Kiss, seconded by Besso, THAT the letter from BC Bottle Depot Association, dated March 25, 2009, regarding BC Recycling Regulations be received; AND THAT a letter of support be sent to the Minister of Environment and Minister Responsible for Climate Action, with regard to position taken by the BC Bottle Depot Association regarding BC Recycling Regulations. No. REG h. Endangered Species Law Letter irom the Western Canada Wilderness Committee, dated March 19, Moved by Eirman, seconded by Kiss, THAT the letter from the Western Canada Wilderness Committee, dated March 19,2009, regarding Endangered Species Law, be received; AND THAT a letter of support be sent to the Western Canada Wilderness Committee supporting their position to have the Province establish an Endangered Species Law. No. REG

30 Minutes of a Regular Meeting of Council April 14,2009 Page REPORTS OF COMMITTEES AND COMMISSIONS a. Standing Committees of Council (1) Advisory Planning Commission (Enns/Besso) (2) Finance Committee (Chair Garlick/all of Coimcil) a. Implementation of Revised Sewer Rates for 2009 Moved by Dirk, seconded by Enns, THAT the report from the Chief Administrative Officer, dated March 24,2009, regarding Implementation of Revised Sewer Rates for 2(109, be received; AND THAT the Finance Committee recommend to Council that staff be directed to bring forward a formula using a basic charge of $83.50 per quarter plus a charge, based on the consumption of water used in the three months of December, January and February, of approximately SI.30 per cubic meter and bring this information forward to a Regular Meeting of Council for their consideration for a future Sewer Rate \ niendment Bylaw. No. REG Moved by Dirk, seconded by Enns, THAT the Finance Committee recommend to Council that staff be directed to ensure the target revenue of SI.2 million for the sewer utility is maintained in the 2009 Budget. No. REG Moved by Dirk, seconded by Enns, THAT the Finance Committee recommend to Council that staff be directed to charge multi-family sewer utility users the same rates as all other sewer utility users. No. REG

31 Minutes of a Regular Meeting of Council April 14, 2009 Page 13 b. Trees for Tomorrow - Aberdeen Road Moved by Kiss, seconded by Besso, THAT the report from the Chief Administrative Officer, dated March 25,2009, regarding Trees for Tomorrow - Aberdeen Road be received; AND THAT the trees for Aberdeen Road be included in the design and tendered as a Provisional Item. No. REG c. Request to Single Source Tender Moved by Dirk, seconded by Cochranc, THAT the report from the Coldstream Fire Chief, dated March 16, 2009, regarding Request to Single Source Tender, be received; AND THAT the purchase of the International Cab & < hassis for the new Coldstream Fire Hall Tender be a uthorized to be single sourced from IRL Truck Centre Ltd. in Vernon. No. REG (3) Fire Department Liaison Committee (Garlick/Dirk) a. Parking and Turning Radius at Coldstream Fire Hall Moved by Dirk, seconded by Enns, THAT as recommended by the Fire Department Liaison Committee, the following measures be implemented at the Coldstream Fire Hall to address parking and turning issues identified by the Coldstream Fire Hall: (1) Increase parking for firefighters by removing the existing concrete curb and dirt at the northwest corner of the Fire Hall and replace with paved parking stalls. 31

32 Minutes of a Regular Meeting of Council April 14,2009 Page 14 (2) Widen the turning radius for emergency vehicles on Aberdeen Road in front of the Fire Hall by replacing the existing concrete sidewalk curb with a tapered sidewalk edge, in conjunction with the sidewalk off-site works budgeted in 2009 along the section of Aberdeen Road between the Fire Hall and Kalamalka Road. No. REG b. Fire Services Liaison Group Report - Proposed New Model for Delivery of Fire and Rescue Services in BC Report from the Executive Research Coordinator, dated April 8, 2009 Moved by Dirk, seconded b\ Besso, THAT the report from the Executive Research Coordinator, dated April 8, 2009, regarding Fire Services Liaison Group Report - Proposed New Model for Delivery of Fire and Rescue Services in BC, be received; AM) THAT the recommendation in the memo of February 10, 2009 from the North Okanagan Regional District Manager of Community Services, be endorsed and fonvlrded to the Union of BC Municipalities and the Local Government Management Association. No. KGG2009-2U c. Correspondence from City of Vernon He Fire Department Callouts Moved by Dirk, seconded by Besso, THAT as recommended by the Fire Department Liaison Committee, the report from the Chief Administrative Officer, dated April 2, 2009, regarding Correspondence from City of Vernon re Fire Department Callouts, be received;

33 Minutes of a Regular Meeting of Council April 14,2009 Page 15 AND THAT the City of Vernon be advised that the District of Coldstream Policy FD015 remains unchanged, and that City of Vernon Fire Department automobile extrication callouts in Coldstream be limited to positive entrapment notification. No. REG Moved by Dirk, seconded by Besso, THAT as recommended by the hire Department Liaison Committee, a letter be sent to BC Ambulance, reaffirming the procedures for call-outs to motor vehicle accidents and ambulance assist as outlined in District of Coldstream Policy FD015. No. REG d. Mutual Aid Agreement- North Okanagan Regional District Moved by Dirk, seconded by Besso, THAT as recommended by the Fire Department Liaison Committee, the report from the Chief Administrative Officer, dated April 3, 2009, regarding Mutual Aid Agreement - North Okanagan Regional District, be received; AND THAT the Mutual Aid Agreement be amended so that billing for staff and equipment is non-discretionary. No. REG (4).. Technical Advisory Committee (Chair Garlick/all of Council 1 ) Mayor Garlick indicated that the first meeting of the Technical Advisory Committee was scheduled for Monday, April 20, 2009 at 4:30 pm. Council requested that "temporary staff be added as an item on the Technical Advisory Committee Agenda for April 20, 2009.

34 Minutes of a Regular Meeting of Council April 14, 2009 Page 16 b. Board Appointed Committees (1) North Okanagan Regional District Greater Vernon Advisory Committee Okanagan Basin Water Board (Dirk/Kiss) Councillor Dirk reported that the following items were discussed at the North Okanagan Regional District Board Meeting: The Fish and Game Club's move to Noble Canyon had been conditionally approved There was a Regional Growth Strategy Forum for Elected Officials and Chief Administrative Officers scheduled for April 16,2009 Councillor Dirk also reported the following items were discussed at the Greater Vernon Advisory Committee Meeting: The rental fee charged to the Vernon Fanners Market had been waived Recommendations from the Kalavista Neighbourhood Committee regarding the Kalavista Boat Launch were supported -The-North Valley Gymnastics Club proposal for a new facility had received support The Greater Vernon Advisory Committee considered inviting representatives from School District 22 and from the Agricultural sector to participate on the Greater Vernon Advisory Committee Moved by Bcsso, Seconded by Dirk, THAT traffic issues with respect to the Kalavista Boat Launch Area, be referred to the Kalavista Neighbourhood Committee for their input and comment back to Council. No. UKG Councillor Kiss reported that the following items were discussed at the Okanagan Basin Water Board Meeting; The District of Coldstream had been awarded a grant in the amount of $ 21,500 for Sensitive Habitat Inventory Mapping (SHIM) on Coldstream, Craster and Brewer Creeks Hydrologist Don Dobson gave a presentation to the Board with respect to hydrometric monitoring for long-term water management and noted that the current 25 monitoring stations were not adequate and that 160 monitoring stations were required in the Okanagan

35 Minutes of a Regular Meeting of Council April 14, 2009 Page 17 The Okanagan Water Stewardship Council had established committees to develop a Sustainable Water Strategy The Okanagan Basin Water Board had signed a Memorandum of Understanding with the Ministry of Agriculture and Lands to jointly support the evaluation of future urban growth and other factors affecting water demand The Okanagan Basin Water Board was co-hosting a forum in Penticton to be held on April 29, 2009 with respect to the role local governments could take in water management. Details could be found at (2) Okanagan Regional Library (Besso/Cochrane) Councillor Besso reported that the Vernon Stakeholder's Committee had met with Vernon City Council twice., c. Ad Hoc Committees of Council (1) Agriculture Advisory Committee (Besso/Enns) Councillor Besso reported thai the Consultant, Jane Mastin, was getting very close to finalizing her recommendations. (2) Economic Development Advisory Committee (Cochrane/Enns) Mayor Garlick indicated that the first meeting of the Economic Development Advisory Committee was scheduled for April 20, 2009 at 7:00 pm. The Mayor also advised that Don Banks, Manager of the Lavington Tolko Plant, had indicated his interest in attending some of the Committee " meetings, (3) Environmental Advisory Committee (Besso/Cochrane/Firman) (4) Kalavista Neighbourhood Committee (Garlick/Enns) d. Other Reports of Council

36 Minutes of a Regular Meeting of Council April 14, 2009 Page BYLAWS a. District of Coldstream Miscellaneous Fees and Charges Bylaw No. 1541,2008, Amendment Bylaw No. 1551, 2009, Amendment No. 1 Report from the Building Official, dated March 30, 2009 Bylaw No. 1551,2009 A bylaw to amend Schedule A - to add a permit fee for Construction and Temporary Development Signs FIRST. SECOND AND THIRD READING Moved by Kiss, seconded by Besso, THAT the report from the Building Official, dated March 30, 2009, regarding District of Coldstream Miscellaneous Fees and Charges Bylaw No. 1541,2008, Amendment Bylaw No. 1551, 2009, Amendment No. 1, be received; AND THAT "District of Coldstream Miscellaneous Fees and Charges Bylaw No. 1541, 2008, Amendment Bylaw No. 1551, 2009, Amendment No. 1", be read a first, second and third time, by title only. No. REG b. District of ColdMrcam Financial Plan Bylaw No. 1540,2008, Amendment Bylaw No. 1552,2009, Amendment No. 1 Report from the Chief Administrative Officer, dated April 6, 2009 Bylaw No. 1552, 2009, a bylaw to amend the District of Coldstream Financial Plan Bylaw PIRST.SECOND AND THIRD READING Moved by Dirk, seconded by Besso, THAT the report from the Chief Administrative Officer, dated April 6,2009, regarding District of Coldstream Financial Plan Bylaw No. 1540, 2008, Amendment Bylaw No. 1552,2009, Amendment No. 1, be received; AND THAT "District of Coldstream Financial Plan Bylaw No. 1540, 2008, Amendment Bylaw No. 1552, 2009, Amendment No. 1", be read a first, second and third time, by title only. No. REG

37 Minutes of a Regular Meeting of Council April 14,2009 Page NEW BUSINESS a. Sustainability Briefing Session held April 6, 2009 Councillor Besso advised that, at the Sustainability Briefing Session held April 6, 2009, there was a discussion with respect to the District hosting a coloring contest to raise awareness and engage community interest in sustainability initiatives. She advised that the contest could be among the three elementary schools in Coldstream (Kidston, Coldstream and Lavington) and that a winner could be chosen for each school. She suggested the contest be called "Imagine the District of Coldstream in 100 Years" and noted that the winner in each school could be awarded with a special certificate from the Mayor, a Coldstream pin and a pizza party for the winning student's class. Council agreed that the contest would be beneficial and Councillors Besso and Dirk agreed to take on the project. b. Regulation of Windmills within the District of Coldstream Moved by Enns, seconded by Firman, THAT staff investigate the ramifications of regulating the erection of windmills within the District of Coldstream. No. REG Councillor Dirk requested that the Chief Administrative Officer compile a list of works in progress by staff and bring this list forward for review with Council in order'that the various Council requests be prioritized. 11. RESOLUTION TO ADJOURN TO IN-CAMERA Moved by Kiss, seconded by Dirk, THAT Council to adjourn to an In-Camera meeting to discuss issues related to the following paragraphs under Section 90(1) of the Community Charter: (a) (e) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality;

38 Minutes of a Regular Meeting of Council April 14,2009 Page 20 (j) (m) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under Section 21 of the Freedom of Information and Protection ojprivacy Act; a matter that, under another enactment, is such that the public may be excluded from the meeting No. REG The Regular Meeting of Council recessed at 8:45 pm. The Regular Meeting of Council reconvened at 10:20 pm. 12. BUSINESS ARISING FROM THE IN-CAMERA MEETING a. Director of Financial Administration Mr. Trevor Seibel had accepted the position of Director of Financial Administration effective May 4, A press release would be issued on April 15, ADJOURNMENT Moved by Kiss, seconded by Cochranc, THAT the Regular Meeting of Council, held Tuesday, April 14,2009, be adjourned. No, REG The Regular Meeting of Council adjourned at 10:23 pm. CERTIFIED CORRECT Corporate Officer Mayor

39 lisfriti of Jmi&u&S' DISTRICT OF COLDSTREAM MEMORANDUM TO Mayor and Council FILE NO FROM Craig Broderick, MCIP DATE April 8, 2009 Director of Development Services & Michelle Austin, Planning Technician SUBJECT Regulation of Steel Box Containers 1.0 Purpose The intent of this report is to recommend to Council a Zoning Bylaw amendment to regulate the use of metal storage containers. 2.0 Origin At their July 14, 2008 Regular Meeting, Council passed the following resolution: THAT the Building Official be directed to prepare a policy or bylaw amendment to regulate the use of steel box containers and storage shelters in the District of Coldstream, 3.0 Background/Discussion Recently, District staff has seen an increase in the number of metal shipping containers that are being placed on residential and rural properties within the District and in the Greater Vernon area. A recent bylaw enforcement issue related to these structures has highlighted the difficulties in dealing with steel storage containers. The containers have become popular throughout Canada in that they offer an inexpensive solution to storage. People can buy or rent, new or used shipping containers. They are easy to have delivered, offer secure storage and are essentially weather proof. The supply of, and demand for, both new and used containers seems to be quite high. Many used containers have been retired as 'multi-modal' units. A 40 foot long, used container can be purchased for under $4,500. Smaller units are correspondingly more affordable. In terms of cost per square foot, a used storage container runs about $12-13 per square foot as compared to a minimum of about $50 per square foot to build a conventional garage.

40 Regulation of Steel Box Containers Page 2 of 8 April 8, 2009 With the customization options available, these containers can be supplied with garage doors, insulation; lighting, plumbing, heating, windows etc. and can be retrofitted as a workshop, office or even living space. Given the industrial design of these units, when placed in rural or residential settings, they are unsightly and not in keeping with the rural character of Coldstream (see attached photos). Communities around British Columbia have taken various approaches with respect to the use of stee! box containers. Some communities have prohibited this use in all zones (i.e. Cranbrook), while other communities have been treating them as accessory residential buildings (i.e. Lytton) and thus, permitting them in all zones. The District of Coldstream Zoning Bylaw does not allow any building or structure (steel box containers included) to be moved from any lot to any other lot within the District or into the District from elsewhere. Exceptions to this regulation are: Where the use of a mobile home is permitted; Where a building or structure is to be moved onto a property for civic uses; and Where a building or structure is to be moved onto a property that is 4 ha (9.88 ac) or larger and located in the Agricultural Land Reserve. Therefore, any existing steel storage containers that have been placed on-site are considered non-conforming unless they were allowed by a building permit. The Building Official has indicated that no permits have been issued in Coldstream for the placement of steel boxes. With respect to the bylaw enforcement of existing steel storage containers, Council has three basic options to consider. One course of action would be to ignore the existing storage containers and enforce the Zoning Bylaw upon complaint. A second option would be to notify owners of any known storage containers and pursue a Notice on Title if the structure was not removed within a timeframe specified by the Bylaw Enforcement Officer. The third option would be to seek a court injunction to have existing structures removed. Based on the current Zoning Bylaw, there are no restrictions on the number of accessory residential buildings permitted in the Rural Two (RU.2) zone. Therefore, if permits were issued for these types of structures as an accessory building, an unlimited number of steel boxes could potentially be sited on these properties and they could be stacked one on top of anther. The height restriction for accessory residential in the RU.2 zone is 8 meters (26.25 feet). Steel boxes range in height from 1.88 meters to 2.9 meters; thus, they could potentially be stacked up to four high. To prevent the widespread use of metal storage containers in Coldstream, a zoning bylaw amendment is proposed to allow containers to be used as an accessory use to another principal use in industrial zones. The proposed amendment would also allow these structures for temporary storage during construction or for moving purposes, for a limited period of six months, in all other zones. Either scenario would require a permit.

41 Regulation of Steel Box Containers Page 3 of 8 April 8, 20Q9 With respect to agricultural practices, it is possible that these containers could become popular for storage of fruit and vegetables. It would be possible to issue permits for temporary storage that would be similar to a permit for construction. The agricultural permits could be shorter in duration (i.e. 1-2 months) to help ensure these structures do not detract from the rural nature of the area and to ensure they don't become permanent fixtures. Council direction with respect to agricultural uses is requested. While there are many definitions available to describe a "modular container", the following definition is preferred: Modular Container means a purpose-designed metal cargo container for holding of goods, which is intended to be piaced on a ship, truck or railcar. This definition should be added to "Division Two - Interpretation" of the Zoning Bylaw. The containers should be restricted in height to 3 meters (9.84 feet) in all zones to prevent the stacking of two or more containers. The siting of steel boxes in industrial zones would need to meet the bylaw setback requirements for accessory residential buildings and structures. Further, steel boxes sited in industrial zones must be screened from public view and adhere to the screening requirements set out in Schedule F of the Zoning Bylaw. 4.0 Conclusion Based on the gradual increase in popularity of these storage containers and the lack of compatibility with the rural nature of Coldstream, a Zoning Bylaw amendment is recommended to regulate these structures. The proposed amendment would allow them to be sited on industrial premises and to be used temporarily in conjunction with a construction project. They would also be allowed for moving purposes. These types of uses are in keeping with the original purpose of these structures and serve to mitigate impacts associated with having them in residential, commercial and rural areas. 5.0 Recommendation THAT the report from the Director of Development Services, dated April 8, 2009, regarding the Regulation of Steel Box Containers, be received; AND THAT Council authorize staff to prepare the zoning amendment bylaw to regulate the use of Steel Box Containers as follows: To add the following definition to Division Two - Interpretation: Modular Container means a purpose-designed metal cargo container for holding of goods, which is intended to be placed on a ship, truck or railcar. To add a new section (4.10) to Division Four - General Regulations with the following regulations: o Permanent use of Modular containers are not permitted in any zone, with the exception of as an accessory use in industrial zones; 41

42 Regulation of Steel Box Containers Page 4 of 8 April 8, 2009 o o o o Modular containers shall not be greater than 3 m (9.84 ft) in height in industrial zones, to prevent the stacking of two or more containers; The siting of modular containers in industrial zones must meet the bylaw setback requirements for accessory buildings and structures; Modular containers sited in industrial zones must be screened from public view and adhere to the screening requirements set out in Schedule F of the Zoning Bylaw; and, Temporary use of Modular containers for construction or moving purposes, for a period of up to 6 months, is permitted, provided the Building Official has issued the appropriate permit. AND FURTHER THAT Council consider the agricultural uses of the modular containers and direct staff to include provisions for agricultural use or to exclude those uses from the draft Zoning Amendment. AND FURTHER THAT staff be directed to notify owners of any known storage containers and pursue a Notice on Title if the structure is not removed within a timeframe specified by the Bylaw Enforcement Officer. Respectfully submitted, Jy Craig Broderick, MCIP 'Director of Development Services & lichelle Austin, Planning Technician Reviewed by Michael Stamhuis Chief Administrative Officer 42

43 Regulation of Steel Box Containers Page 5 of 8 April 8, 2009 Photo 1: Lavington Photo 2: Lavington

44 Regulation of Steel Box Containers Page 6 of 8 April 8, 2009 Photo 3: Coldstream Valley Estates Photo 4: Coldstream Valley Estates

45 Regulation of Steel Box Containers Page 7 of 8 April 8, 2009 Photo 5: Ricardo Road Photo 6: Service Commercial Area - City Vernon

46 Regulation of Steel Box Containers Page 8 of 8 April 8, 2009 Photo 7: Service Commercial Area - City of Vernon Photo 8: Service Commercial Area City of Vernon

47 DISTRICT OF COLDSTREAM DEVELOPMENT VARIANCE PERMIT APPLICATION FILE NO DVP DATE April 7, 2009 Applicant Mr. Dean Whibley Telephone No Legal Description Lot 1, DL 57, ODYD, Plan Location Area of Subject Property Servicing Zoning Official Community Plan Designation Proposed Use 7911 McCiounie Road 2.34 hectares (5.78 acres) Community Water and Community Sewer Rural Two (RU.2) Agricultural Agricultural Land Reserve Major Road Watercourse Development Permit Area Sewer Collection Area To vary the side yard setback from 4.5 meters (14.76 feet) to 2 meters (6.56 feet) for the construction of a garage. Development Services Recommendation THAT the report from the Director of Development Services, dated April 7, 2009, regarding Development Variance Permit Application No DVP (Whibley), Lot 1, DL 57, ODYD, Plan 37058, be received; AND THAT Development Variance Permit No DVP (Whibley) be issued to the owner to vary the side yard setback regulations, of the Rural Two Zone, of the District of Coldstream Zoning Bylaw No. 1382, 2002, and amendments made thereto, as follows: a. Section e, side yard setbacks, is varied from 4.5 meters (14.76 feet) to 2 meters (6.56 feet) for the construction of a garage. AND FURTHER THAT Development Variance Permit No DVP (Whibley) be issued to the applicant after the following conditions have been met: i. That the attached site plan form part of the Development Variance Permit.

48 File No. 09-QQ6-DVP (Whibley) Page 2 of 6 April 7, 2009 Background The owners of the property located at 7911 McClounie Road have requested a variance to the side yard setback, from 4.5 meters (14.76 feet) to 2 meters (6.56 feet), in order to build a garage in the desired location. The proposed garage is 1,456 sq.ft having dimensions of 56' wide by 26 ft deep. The RU.2 Zone does not limit the size of accessory buildings. The applicants have provided the following comments in support of the application: "Due to the creek setback and the power line right of way, the allowable building area on our property is quite restricted. A setback of 4.5 meters would require us to remove some mature evergreens and deciduous trees (see attached diagram). Due to the slope of the land, a 4.5 meter setback would create a large unusable space behind the garage. We have discussed the variance and garage plan with the adjoining neighbours and they support this variance." Planning Considerations The owners are limited with respect to suitable land to build on (see Photos 1-4 below). Coldstream Creek runs through the property from the southeast corner to the northwest corner. The land slopes away from the house, down towards the creek. A power line runs across the property along the McClounie Road frontage and a row of mature trees lines the driveway entering the property. The most logical place to construct the garage would be where the owners have proposed: in the southwest corner, beyond the power line and behind the row of trees. The variance is needed in order for the owners to build the garage without the need to remove the mature trees. With respect to the proposed location, having it close the existing house serves to minimize the impact on area available for agriculture. This type of site planning is in keeping with the 'home plate' regulations that exist in other municipalities and that is being considered as part of the Agricultural Plan. Based on a site inspection, the proposed site is supportable due to site considerations (i.e. topography, distance from the Creek, existing mature vegetation, and proximity to neighbours, hydro easement and proximity to existing house). The garage will also provide secure storage. The owners recently experienced property theft as they do not currently have an enclosed garage. Surrounding Land Uses North - Residential Two-Family (R.2) /Agricultural Land Reserve (ALR) / Kalamaika Road East - Rural Two (RU.2) / ALR South-RU.2/ALR West - R.2 / McClounie Road The subject property is located on the boundary of the residential area surrounding Kalamaika Lake and the ALR. Side yard setbacks on the residential side are 2 meters and on the ALR side, 4.5 meters. Given the proximity of a residential area to the subject property, a side yard setback of 2 meters would not be out of character with the surrounding neighbourhood. The homes located due south of the subject property are not situated near the proposed building site. Therefore, the impacts of a variance approval should be minimal.

49 File No DVP (Whibley) Page 3 of 6 April 7, 2009 Agency Referrals No objections to the proposal were received at the time this report was written. Notice has been sent to adjacent landowners within 30-meters (100-feet) of the subject property. Neighboring property owners will have an opportunity to present concerns in person or in writing to Council. Respectfully submitted, S? Ut/> &/&a&k $ /". m^ljh=iuast ByCraig Broderick, MCIP Director of Development Services & Michelle Austin, Planning Technician Reviewed by Michael Stamhuis Chief Administrative Officer Attachments Photo 1: Air Photo of Subject Property

50 File No DVP (Whibley) Page 4 of 6 April 7, 2009 Photo 2: View of proposed garage site, facing southwest

51 File No DVP (Whibley) Page 5 of 6 April 7, 2009 Photo 3: View of power lines and mature trees, facing west

52 File No DVP (Whibley) Page 6 of 6 April 7, 2009 Photo 4: View of subject property from neighboring property, facing north

53 /:. SCHEDULE A.4 PAGE 1 Application/File No. The Corporation of.the District of Coldstream 9901 Kalamalka Road Vernon, B.C. V1B 1L6 APPLICATION FOR A PERMIT I/We hereby make application under the provisions of Part 29 of the Municipal Act for a: (check where applicable) ^ Development Variance Permit JTemporary Commercial and Industrial Permit ^Development Permit to permit the proposed development as described in the attached form upon (legal description): and located at (street address or general location) from to zone. Required application fee of $ are attached. j.l 21, Zool Date _and the completed Permit Information Form Applicant's Signature THIS APPLICATION IS MADE WITH MY FULL KNOWLEDGE AND CONSENT. 27, 2001 Date Registered Owner's Signature Where the applicant is NOT the REGISTERED OWNER, the Application must be signed by the REGISTERED OWNER, or his SOLICITOR. FOR OFFICE USE ONLY APPLICATION FEE $&CD" RECEIVED. RECEIPT NO. Date Signature of Official

54 SCHEDULE A.4 PERMIT INFORMATION FORM PAGE 2 THE INFORMATION REQUESTED IN THIS FORM IS REQUIRED TO EXPEDITE THE APPLICATION AND ASSIST THE STAFF IN PREPARING A RECOMMENDATION. This form is to be completed in full and submitted with 'all requested information, Official. Community Plan and Zoning Amendment Application, Application Fee, and Certificate of State of Title or Indefeasible Title for the subject property. (1) Applicant and Registered Owner (a) Applicant's Name Address 79(1 U^CANLW; fe>^ Postal Code Vl6 \? \ Telephone: Business 2?0 TZft-OlZb g"x.u>3 Home 75 5"^ -//&? (b) Registered Owner's Name U ^llc WuW^A Address 1% JX^tiomO fogj Postal Code VH3 \f \ Telephone: Business ^ Home2-SD 5V?W/67 (c) A copy of a State of Title Certificate, or a copy of a Certificate of Indefeasible Title, dated no more than thirty (30) days prior to submission of the application, must accompany the application as a proof of ownership. (2) Application Fee An Application Fee as set out in Schedule. "B" attached hereto shall be made payable to the Corporation of the District of Coldstream and shall accompany the Application. (3) Text Amendment Described the Proposed Text Amendment W Redeslgnation and Rezcming - Property to be Redesignated and Rezoned (a) Legal Description in full

55 SCHEDULE A.4 PAGE 3 '3) (c) Present Zoning (d) Description of Existing Use/Development (e) Full Description of the Proposed Use/Development (use separate sheet if necessary) (f) Proposed Variation and/or Supplementation to Existing Regulations (use separate sheet if necessary).

56 SCHEDULE A.4 \ PAGE 4 "4) Reasons in Support of Application Reasons and comments in support of the Application (use separate sheet if necessary) ;, (6) Attachments At the time of providing Application and Information Forms to the applicant, the Municipal. Clerk shall indicate which of the following attachments are required or not required for this Application. The Municipal Clerk may also require additional information. (a) A dimensioned Sketch Plan drawn to a scale of to showing the parcel(s) or part of the parcel(s) to be redesignated and the location of existing buildings, structures, and uses. REQUIRED: Yes No

57 ".." SCHEDULE A.4 PAGE-5 (b) A dimensioned Site Development Plan drawn to a scale of to showing the proposed use, buildings and structures, highu access, etc, REQUIRED: Yes No (c) A Contour Map (Plan) drawn to a scale of to ' with contour interval of, if warranted by the topographic condition of the subject site, REQUIRED: Yes No (d) A dimensioned Sketch Plan drawn to a scale of to of the proposed subdivision, where subdivision (small or large) is contemplated. REQUIRED: Yes No (e) Technical Information or reports and other information required to_ assist in the preparation of the Permit, listed below: Specific Reports: General: Date Applicant's Signature

58 Schedule A.4 3. (f) Proposed variation Ml Our property is zoned J&. Under this zoning the setback for a side yard building is 4.5 meters. We are requesting a variance on the side yard setback from 4.5 to 2 meters (equivalent to residential zoning) to construct a garage. 4. Reasons in support of application Due to the creek setback and the power line right of way, the allowable building area on our property is quite restricted. A setback of 4.5 meters would require us to remove some mature evergreens and deciduous trees (see attached diagram). Due to the slope of the land, a 4.5 meter setback would create a large unusable space behind the garage. We have discussed the variance and garage plan with the adjoining neighbors and they support this variance.

59 Property Legal Description: i in.mttfoujiuj -food. CdMuA^i y so vie in Based on my personal knowledge of the subject property, I do not believe that the subject property is or has been used for any of the industrial or commercial purposes and activities specified in Schedule 2 of the Contaminated Sites Regulation. Accordingly, I elect not to complete and submit a "site profile", as outlined in Section 40 of the Environmental Management Act I further acknowledge that this election does not remove any liability which may otherwise be applicable under the legislation. Applicant/Agent (prin^name) Witness (print name) u Applicant /Agent (signature) %^Mt VVifness (signature) Date 55

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65 ^r\r\r\ An (\A Page 1 of 1 L ^: 09/03/04 TITLE SEARCH PRINT - KAMLOOPS Time: 10:16:58 Requestor: (SC37382) GOVERNMENT AGENT BRANCH - REVENUE & FIN. Page: 001 TITLE - LA KAMLOOPS LAND TITLE OFFICE TITLE NO: LA FROM TITLE NO: KV APPLICATION FOR REGISTRATION RECEIVED ON: 07 DECEMBER, 2006 ENTERED: 14 DECEMBER, 2006 REGISTERED OWNER IN FEE SIMPLE: LORALIE RUTH WHIBLEY, TEACHER 7911 MCLOUNIE ROAD VERNON, BC V1B 1P9 TAXATION AUTHORITY: DISTRICT OF COLDSTREAM DESCRIPTION OF LAND: PARCEL IDENTIFIER: LOT 1 DISTRICT LOT 57 OSOYOOS DIVISION YALE DISTRICT PLAN LEGAL NOTATIONS: FOR APPURTENANT EASEMENT OVER PCL A (DD F) PLAN B6679 SEE 44748E EXCEPT AS TO PART SHOWN AS LOT 1, PLAN AND ALSO EXCEPT AS TO PART SHOWN AS LOT 1, PLAN THIS CERTIFICATE OF TITLE MAY BE AFFECTED BY THE AGRICULTURAL LAND COMMISSION ACT, SEE PLAN M11122 CHARGES, LIENS AND INTERESTS: NATURE OF CHARGE CHARGE NUMBER DATE TIME CHARGE 44747E :00 ' REMARKS: INTER ALIA CHARGE UNDER THE LINE FENCES ACT RIGHT OF WAY 79628E :24 REGISTERED OWNER OF CHARGE: WEST KOOTENAY POWER AND LIGHT COMPANY LIMITED 79628E REMARKS: PART ON PLAN A1822; INTER ALIA "CAUTION - CHARGES MAY NOT APPEAR IN ORDER OF PRIORITY. SEE SECTION 28, L.T.A." DUPLICATE INDEFEASIBLE TITLE: NONE OUTSTANDING TRANSFERS: NONE PENDING APPLICATIONS: NONE *** CURRENT INFORMATION ONLY - NO CANCELLED INFORMATION SHOWN *** 59

66 lr* %ioi (Etfltrjstream AGENCY REFERRAL File No DVP (Whibley) DISTRICT OF COLDSTREAM 9901 KALAMALKA ROAD, COLDSTREAM, BC V1B 1L6 Phone (250) Fax (250) Owner/Applicant: Civic address: Legal description: PID: spropofcaj:: % H^U Dean Whibley / Loralie Whibiey 7911 Mclounie Road Lot 1, DL 57, ODYD, Plan Tp Y^ytHealedQ yafci Tse^cKTrom.4^5 met rs;tp 2 meters tqiohstrupt aj THIS APPLICATION FOR A DEVELOPMENT VARIANCE PERMIT MAY BE CIRCULATED TO THE FOLLOWING AGENCIES FOR THEIR COMMENTS: Chief Administrative Officer Director of Engineering Services Building Official Director of Financial Administration Manager of Protective Services +JFire Advisory Planning Commission Greater Vernon Services - Water GVS - Parks, Recreation, and Culture BC Hydro Shaw Cable TV Telus (Outside Engineering Department) Terasen Gas CN Railway + Kelowna Pacific Railway School District No. 22 X X X X Interior Health Authority Ministry of Agriculture Provincial Agricultural Land Commission Ministry of Forests Ministry of Transportation & Infrastructure Ministry of Environment - BC Assessment Authority BC Archaeological Sites Branch BC Heritage Branch BC Ambulance Service Canada Post Adjacent municipality Adjacent landowners Council (for information) Agencies receiving a copy of this proposed application are hereby requested to provide comments to Craig Broderick, Director of Development Services, District of Coldstream, 9901 Kalamalka Road, Coldstream, BC, V1B 1L6, or fax to (250) , or to planner@district.coidstream.bc.ca. if we do not receive a reply from your office by April , we will assume that you do not have any input related to this development variance application. COMMENTS: U<? oij^clw s [ X 60 flreo-i'ef /ep ke.<le>~v<s-[ter Name (please print) Position Telephone No.

67 DISTRICT OF COLDSTREAM APPLICATION UNDER SECTION 20(3) OF THE AGRICULTURAL LAND COMMISSION ACT (TO PLACE FILL OR REMOVE SOIL) Follow Up Report FILE NO ALR DATE March 31, 2009 Applicant Telephone No. Legal Description Location Area of Subject Property Servicing Soil Classification Zoning Official Community Plan Designation Proposed Use Coldstream Ranch (2002) Ltd. (Ted Osborn) Work: Home: Lots ,197A, , 207A, , Plan 1216 Rosebush Gravel Pit (bounded by Murphy Rd to the east, Buchanan Rd to the north, CN railway to the south, and agricuitural fields to the east and north). Approximately 214 acres (88 hectares) Community Water and Septic Range from Class 3-6 unimproved to Class 1-6 improved Rural Two (RU.2) Agricultural Gravel Extraction Development Services Recommendation THAT the report from the Director of Development Services, dated March 10, 2009, regarding Agricultural Land Reserve Application No ALR (Coldstream Ranch), Lots , 197A, , 207A, , Plan 1216 (Rosebush Gravel Pit) be received; AND THAT Agricultural Land Reserve Application No ALR (Coldstream Ranch) be forwarded with support to the Provincial Agricultural Land Commission for their adjudication; AND THAT the following recommendations be forwarded to the Provincial Agricultural Land Commission for consideration in their deliberations: 61

68 Q9-Q05-ALR (Coldstream Ranch) Page 2 of 4 March 31, 2009 Background the reclamation schedule, outlined on Map 3: Extraction and Reclamation Schedule of the Extraction of Reclamation Plan prepared by Summit Environmental Consultants Ltd. and dated December 2008, should be strictly adhered to; the excavation limit should be restricted to south of the 2013 red dashed line shown on Map 3: Extraction and Reclamation Schedule; adequate security should be required, based on the area excavated and not reclaimed, and held by the Provincial Agricultural Land Commission for reclamation purposes; the owner should be required to work with a qualified consulting archaeologist to determine whether an archaeological impact assessment is warranted; access for construction vehicles to and from Rosebush Pit should be restricted to Hwy 6. That access improvements at the intersection of Highway 6 and King Edward Forest Service Road be reviewed by the Ministry of Transportation in order to improve safety and traffic flow resulting from the industrial traffic created by the gravel pit (i.e. left turn lane or widened paving on south side of Highway 6). At the March 23, 2009 Regular Meeting of Council, the following Resolution was carried "THAT the Agricultural Land Reserve Application No ALR, Lots , 197A, , 207A, , Plan 1216, Rosebush Gravel Pit (Coldstream Ranch), be postponed to the next Regular Meeting of Council, scheduled for April 14, 2009." The original Report to Council is attached for reference. The Motion to postpone the matter was largely based on input received from neighbours as well as concerns expressed by Members of Council. The intent of this report is to provide background information on those points and to outline options available to Council. Input Received From Neighbours As per the attached submission dated March 23, 2009, nine points have been raised by a group of neighbours that are opposed to District of Coldstream Council supporting the Non-Farm Use Application. The strategy suggested by the residents is for Council to focus their efforts on ensuring that the reclamation of the currently exposed land in the Rosebush Pit occurs as rapidly as possible rather than support an application that could result in an expansion of the pit. input Received From Coldstream Ranch In response to the input received at the March 23, 2009 Council Meeting, Ted Osborne has indicated that they have been in communication with the Ministry of Transportation and that the Ministry has asked for a Traffic Impact Study for the Rosebush pit. Depending upon the results of the study, upgrades to the intersection may be required by the Ministry. Coldstream Ranch has also retained the services of an archeological consulting firm to evaluate the site.

69 ALR (Coldstream Ranch) Page 3 of 4 March 31, 2009 Further, as per the attached , Coidstream Ranch is willing to address, to the extent that they can, concerns about dust, hours of operation, security, Highway 6 and non-conforming uses. Options Available to Council There are four basic options available to Council. 1. Not Forward the Non-Farm Application to the ALC. As with any ALR application, Council may chose not to forward the application to the ALC. The implications of this option are that the pit will not be further expanded. The ALC wouid need to work with the Ranch and enforce the reclamation of the pit. The local socio-economic impacts of such an action would be that Postill & Sons and their employees would likely be impacted. The schedule of reclamation would be dependent upon enforcement effort of the ALC. Based on the long standing history of gravel extraction in that area (i.e. predating local zoning and formation of the ALC) it is possible that a decision to not forward the application could lead to other chalienges(i.e. legal issues). Further, such a decision would be harmful to the relationship between the District and Coidstream Ranch. 2. Forward the Non-Farm Application to. the ALC With Support and Recommendations - This option provides Council with an opportunity to have input on how the pit is approved by the ALC. If approved by the Commission, this option would allow the pit to continue to function while working towards a reclamation schedule that is workable for all parties. It may also lead to upgrades to Highway 6 while serving to maintain a good relationship with Coidstream Ranch. 3. Forward the Non-Farm Application to the ALC With No Opinion or Recommendations - This option does not provide any guidance to the ALC with respect to local issues of concern. As such, the ALC would not be aware of local concerns and may approve the project in such a way that local issues are not addressed. 4. Forward the Non-Farm Application to the ALC But With No Support- As with Option 3, this option would not specifically inform the ALC about the issues of concern that have arisen about the pit. Conversely, it would send a signal to the ALC that the local government is opposed to an approval. This type of input may contribute to a rejection of the application. If that were to occur, the scenario would be similar to Option 1 where efforts to reclaim the land would be up to the ALC byway of enforcement. Conclusion The recommendation of this report is based on Option 2 - Forward the Non-Farm Application to the ALC With Support and Recommendations. This option most closely follows the recommendations of the Advisory Planning Commission. This option provides a win-win-win situation, it allows the Ranch and operator to continue to work

70 ALR (Coldstream Ranch) Page 4 of 4 March 31, 2009 the resources and reclaim land for agriculture. It serves to address many of the concerns of the neighbours as the recommended conditions work towards mitigating operational impacts (i.e. dust, traffic, hours) and establishes a timeframe for reclamation. Lastly, it is beneficial to the District as it supports agriculture, could lead to upgrades to the intersection of King Edward Road and Highway 6, and it serves to support Coldstream Ranch. Based on input received to date, Coldstream Ranch has started to work towards resolving issues of concern. They have been working with the Ministry of Transportation and have retained an archeologica! consultant. Further, they have expressed a desire to minimize dust impacts and limit hours of operation. These concerns can be addressed by District enforcement activity. In order for the Rosebush Pit to be utilized and for the reclamation to continue in a timely fashion, the application should be forwarded with support to the ALC for their adjudication along with recommendations intended to mitigate negative impacts of the pit. Submjtte^byCralg.Brpdd'rick, MCIP" Director of Development Services 3X^.A. SU I Reviewed by Michael Stamhuis, Chief Administrative Officer

71 Presentation by a delegation of Buchanan Road residents to Coldstream Council regarding the Coldstream Ranch's proposed expansion of Rosebush Pit (File ) March 23, (The following presentation is the result of two meetings of the owners of five properties close to the site of Rosebush Gravel Pit, most of whom are present tonight I am speaking on their behalf. Additional landowners on Buchanan Road have also indicated their opposition to the expansion of Rosebush Gravel Pit.) The residents of Buchanan Road have chosen to live in the District of Coldstream to enjoy "rural living at its best". We have enjoyed living next door to one of the oldest ranches in BC, and wholeheartedly support the agricultural activities of the Coldstream Ranch. We sincerely hope the Ranch will continue its operation as Coldstream's primary agricultural enterprise for at least another century. However, despite our desire to remain as good neighbours to the Coldstream Ranch, we must oppose their current application to the Agricultural Land Commission to extend their permit to remove soil from the Rosebush Pit for the following reasons: 1. Non-Agricultural Use of Designated Agricultural Land and Contravention of District of Coldstream Zoning By-Laws: The current extraction of gravel at the Rosebush Pit is for commercial sale rather than for the ranch's own use. This is not an agricultural activity, but is considered a mining activity in the Province of BC. Furthermore, since 2002, the site of Rosebush Pit has been zoned as RU.2, "within which gravel extraction is not listed as a permitted use." (p. 69 of Agenda Package 1.) Although the gravel-mining at Rosebush Pit predates this zoning by-law and has "nonconforming use status" to permit it to continue, the Local Government Act "does not allow a non-conforming use to be continued on a scale or to an extent or degree greater than at the time of the adoption of the Zoning By- Law." (Ibid.) Clearly, Rosebush Pit has dramatically expanded its gravelmining operations since 2002, measured either by the amount of gravel extracted or the number of hectares mined. 2. Non-Compliance with the Limits of Agricultural Land Commission Permit for Non-Agricultural Use of Agricultural Land Reserve Lands: (Please note that all our figures for land area have been estimated to the best of our ability from the "Soil and Agricultural Capability Map 1" prepared by Summit Environmental Consultants Ltd.) As we understand it, the current application to the Agricultural Land Commission (ALC) is to obtain a permit legitimizing approximately 32.3 hectares of gravel-mining by which the Coldstream Ranch has already exceeded the permit granted them by the 1

72 ALC in In addition, the Coldstream Ranch is now seeking permission to extend their gravel-mining operation by approximately 6 more hectares almost to Buchanan Road, an operation that would not be completed before 2015 at the earliest, with reclamation scheduled for some time after that. Our conversations with the Agricultural Land Commission have informed us that in 1995, when Coldstream Ranch applied for permission to mine the gravel in the area labeled "the original proposed permit boundary", the ALC denied that application on the grounds that it meant removing Spallumcheen soils "that are unlikely to be improved by reclamation" (Summit Report 1995, quoted in Extraction and Reclamation Plan Final Report. Dec ), 3. Precedent of Approval of Non-farm use of Agricultural Land After the Fact: If the Coldstream Ranch is now granted a permit for approximately 32.3 hectares of gravel they have already mined outside of their 1996 ALC permit (90% of the currently unreclaimed Rosebush Pit) plus 6 additional hectares besides, what precedent does this set for other landowners within the Agricultural Land Reserve in Coldstream? Exceeding the limits of an ALC permit would appear to bring no penalty, but rather permission granted for doing so, after the fact. There may be many landowners in the District of Coldstream who might like to make needed revenue from the mining gravel deposits they have on their land within the Agricultural Land Reserve. What message does this send them about the seriousness of provincial or local efforts to preserve agricultural land for farming? 4. Current Compliance with the ALC: Since the "Stop Work" order issued to Rosebush Pit by the ALC on May 1, 2008, the residents of Buchanan Road have observed a rapid and very visible extension of the size of Rosebush Pit. It is our understanding that under the conditions of the "Stop Work" order, only reclamation of uncovered land and the processing and sale of gravel already extracted prior to May 1 is permitted. 5. Quality of Life Concerns: The northern edge of the Rosebush Pit operations is currently about 300 metres from Buchanan Road. Despite this buffer of agricultural land, the quality of life for adjoining Buchanan Road residents has been significantly reduced as the ever-growing Rosebush Pit has crept closer and closer to their homes. Noise: Large gravel trucks, earth-moving equipment, earth screening, crushing and sorting equipment begin work as early as 5:30 am and this noisy work has sometimes continued until dark or later. Dust/Air Quality: Coldstream Council has already received photos of the dust generated by the Rosebush Pit last August on a dry, breezy day. 66 2

73 (photos begin on p 157 of Agenda Package 2) The Ministry of the Environment informs us that dust accounts for the largest percentage of particulate matter resulting in poor air quality in the North Okanagan. The breeze that often blows from the east in our valley must already bring Rosebush Pit dust to the more populated areas of Coldstream and Vernon, Desertification and associated degradation of the visual landscape: The current state of Rosebush Pit is that of a "dirt city" largely devoid of vegetation and a glaring eyesore now visible from most properties between Murphy and Ricardo Roads on Buchanan Road. Depressed Property Values: Should current landowners wish to move away from Buchanan Road to improve their quality of life, Rosebush Pit has already very significantly lessened the desirability of nearby Buchanan Road properties and therefore their property values. If the current application is approved by the ALC, and Rosebush Pit moves to within a few metres of Buchanan Road, all of these negative effects of the Rosebush Pit on nearby residents will increase intolerably for at least the next seven years, even if that land is reclaimed immediately after the gravel-mining ceases. Reclamation: The total area of the existing Rosebush Pit looks to be about hectares, of which about 6.12 hectares or 13% is now reclaimed. A further 4.5 hectares (10%) appears to be partially reclaimed, leaving about 36 hectares or 77% still uncovered. If Rosebush Pit is now extended by an additional 6 hectares, that would leave approximately 42 hectares of land to be reclaimed. In the past several years, each year has seen an increase rather than a decrease in the uncovered land of Rosebush Pit, with reclamation lagging far behind gravel-mining. Coldstream Ranch is now promising to accelerate the pace of reclamation, but reclamation of this land will represent a significant cost and therefore a reduced profit for Coldstream Ranch and/or its business partner. We estimate that the average annual rate of reclamation since Rosebush Pit was opened in 1972 is about 0.29 hectares. At that rate, it would take 124 years to reclaim the pit. On the 25 th of February 2009, the average annual rate of the reclamation plan that was presented to the Advisory Planning Commission was 2.4 hectares. At this rate, it will take 15 years to reclaim the land that is presently exposed. We are delighted to hear that the Coldstream Ranch now plans to reclaim a much larger portion of Rosebush Pit by However, who will ensure that 3

74 reclamation is actually done and how will they do that? Can we be assured that no topsoil has been removed from Rosebush Pit and is still available for reclamation? What is the current real cost of reclamation? Has an adequate fund been set aside from the profits of Rosebush Pit to cover the costs of reclamation? if not, who will pay for the reclamation and when? We also note that the information provided by the Coldstream Ranch on their supporting maps and documentation concerning completed reclamation has altered significantly during the past few weeks. Why is Summit Environmental Consultants not present to verify these changes? Does Coldstream Council or the ALC have the power to compel timely compliance with the reclamation plan if need be? Will the Coldstream Council pursue the recommendation of the Ministry of Agriculture "that a qualified professional provide an estimate of the cost of reclamation, that a bond in the amount of this cost be posted with the District and that it be held until a qualified professional certifies that reclamation has been completed"? (p. 71 of Agenda Package 1) 7. Poor Track Record of Rosebush Pit: Given that Rosebush Pit has now exceeded the area covered by their 1996 ALC permit by at least 200%, what guarantee do the residents of Buchanan Road have that the Coldstream Ranch will not again exceed the permit they are now applying for it is approved by the ALC? On their current application, Rosebush Pit is described as being bounded by "Murphy Road to the east, Buchanan Road to the north, CN Railway to the south, and agricultural fields to the east and north". The "Area of Subject Property" is listed as "Approximately 214 acres (88 hectares)". Might that be the ultimate size of Rosebush Pit? 8. Asphalt or Concrete Plants? In our copy of the Coldstream Ranch's current application to the ALC, the item at the top of the second page, "Type of Equipment to Be Used: (i.e. screening plants, washers, portable asphalt and concrete plants)" has been left blank. The Ministry of the Environment tells us that gravel pits often attract nearby concrete and asphalt plants, with many associated environmental and health concerns. Can we be assured that this will not occur in Rosebush Pit if the current application is approved? 9. Traffic Safety: At the present time, almost ail of the soil removed from the Rosebush Pit is done via Highway 6. But if Rosebush is extended close to Buchanan Road, we are concerned that large gravel trucks may begin using Buchanan Road. This would represent a real hazard on a narrow road often used by pedestrians and cyclists. According to the Ministry of Transportation and Infrastructure, Rosebud Pit "does not have a valid and subsisting permit 4

75 for access to the Vernon-Slocan Highway No. 6". (p. 71 of Agenda Package 1) Conclusions: Given the poor track record of the Coldstream Ranch in complying with the limits to non-agricultural use of agricultural land authorized by either the Agricultural Land Commission or the zoning by-laws of the District of Coldstream, we feel that Coldstream Council should not support this application of Coldstream Ranch to the Agricultural Land Commission to expand their gravel mining operations in Rosebush Pit. Furthermore, we feel that Coldstream Council should pursue all means at their disposal to ensure that the reclamation of the currently exposed land in Rosebush Pit proceed as rapidly as possible. As recommended by the Ministry of Agriculture, Coldstream Council should forward all of these concerns to the Agricultural Land Commission with a strong request that a qualified professional provide an estimate of the cost of reclamation, that a bond in the amount of this cost be posted with the District of Coldstream, and that the bond be held until a qualified professional certifies that reclamation has been completed. Respectfully submitted by Carol Abernathy (8051 Buchanan Road). 5

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77 Page 1 of 1 Craig Broderick From: Sent: To: Cc: Ted Osborn [ted_psborn@shaw.ca] Tuesday, March 24, :16 AM Craig Broderick Mike Stamhuis Subject: Rosebush Gravel Pit Motion of Council Good Morning Craig; I am directing my inquiries to you. Please let me know if protocol requires someone else to handle the case from here. Council postponed the decision on the motion for two weeks. Now it is to develope the information to answer to their concerns. Here is my interpretation of the queries that need answers and some suggested solutions.. I/Dust As noted in the presentation, dust control methods, such as oiling of the roads and semi-permanent travelling areas near the equipment operations, will be undertaken. In addition, the footprint of the excavated area will be much more local and smaller in the future reducing the incidents of dust occurrences in the two to three months, when dust is an issue. 3/ Hours of Operation As noted in the presentation, the hours of operation will be 7 am to 5 pm monday to friday. 4/ A procedure that will result in the reclamation of the areas over and above what can defined as normal excavation working area, being reclaimed as fast as possible. It is suggested that a recommendation could be made to ALC asking that the security deposit be set on an annual basis, based on the areas excavated but unreclaimed. This measure would set a powerful incentive to the pit operators to not only get the backlog of unreclaimed area caught up but continually limit the unreclaimed area to be as small as practical. The two reasons for the incentive working would be a/ the expense of the security deposit and b/ the limiting of the land taxes that have to be paid. That is, the taxes owing on the 'active lots' were gravel extraction is being undertaken are very much higher than for the lots were the areas have been reclaimed and are back in agricultural production. 5/ A method for ensuring that the operating area of the pit does not go beyond the area approved by the ALC. Now we have the availability of GPS technology, the determination of excavation faces etc is much quicker and resonable in expense. The requirement of the independent consultant report could be set to cover the determination of such boundaries. 6/ Paving of the shoulder of Hwy #6, at the entrance to the King Edward FSR, to allow vehicles passing on the right of trucks turning left into the gravel pit. The Ranch will investigate and report back on the paving of a 6-8 ft apron at the entrance to the King Edward FSR which would improve the above situation. II Question of Zoning bylaw and nonconforming use. need to discuss with District Staff. Have I covered all the relevant questions, regarding community concerns, that were brought up last night, that need to have answers developed? Ted 4/1/

78 Security Page 1 of 2 Craig Broderick From: Sent: To: Cc: Bednard, Gordon ALC:EX [Gordon.Bednard@gov.bc.ca] Tuesday, March 31, :05 AM Collins, Martin J ALC:EX; Craig Broderick Murrie, Trevor ALEX Subject: RE: Security Craig et al, There is no set amount for securities. Each application and the conditions for approval are set by the Commission on an individual basis. The amount is based on the risk assessed by the Commission in terms of area affected, initial land quality, extraction operator, timeline for rehabilitation, monitoring pian, etc, etc. Once the Commission has received the present application, considered the local governments comments and recommendations, considered the proposal in light of past approvals and subsequent activities, met with the applicant, toured the site, and consulted with Commission staff, it will set the security amount. Other agencies may also have security requirements - Energy and Mines and Local Government may also bond the owner/operator to ensure compliance with conditions set under their respective mandates. I hope this helps. Gord Bednard From: Collins, Martin J ALC:EX Sent: Tuesday, March 31, :41 AM To: XT:Broderick, Craig FIN:IN Cc: Bednard, Gordon ALC:EX; Murrie, Trevor ALEX Subject: RE: Security Craig I am not sure. I am forwarding your query to two other staff members who might have an answer. Regards, Martin Martin Collins Land Use Planner Agricultural Land Commission From: Craig Broderick [mailto:planner@district.coldstream.bc.ca] Sent: Tuesday, March 31, :39 AM To: Collins, Martin JALOEX Subject: Security Hi, I have been working with Coldstream Ranch on their non-farm application for the Rosebush Pit. It went to Council and was postponed until the next Council meeting based on some issues raised by neighboursand other concerns of Council. In the 1996 letter (Resolution #93/96), the ALC states that security of $25,000 per acre of active extraction area is typically required but in this case $100,000 was provided. Is the $25,000 per ac still the 'ball park' figure' for security? Thanks, 72 A/i /onno.

79 DISTRICT OF COLDSTREAM APPLICATION UNDER SECTION 20(3) OF THE AGRICULTURAL LAND COMMISSION ACT (TO PLACE FILL OR REMOVE SOIL) FILE NO. DATE ALR March 10, 2009 Applicant Telephone No. Legal Description Location Area of Subject Property Servicing Soil Classification Zoning Official Community Plan Designation Proposed Use Coldstream Ranch (2002) Ltd. (Ted Osborn) Work: Home: Lots , 197A, , 207A, , Plan 1216 Rosebush Gravel Pit (bounded by Murphy Rd to the east, Buchanan Rd to the north, CN railway to the south, and agricultural fields to the east and north). Approximately 214 acres (88 hectares) Community Water and Septic Range from Class 3-6 unimproved to Class 1-6 improved Rural Two (RU.2) Agricultural Gravel Extraction Development Services Recommendation THAT the report from the Director of Development Services, dated March 10,2009, regarding Agricultural Land Reserve Application No ALR (Coldstream Ranch), Lots , 197A, ,207A, , Plan 1216 (Rosebush Gravel Pit) be received; AND THAT Agricultural Land Reserve Application No ALR (Coldstream Ranch) be forwarded to the Provincial Agricultural Land Commission for their adjudication; AND THAT the following recommendations be forwarded to the Provincial Agricultural Land Commission for consideration in their deliberations: the reclamation schedule, outlined on Map 3: Extraction and Reclamation Schedule of the Extraction of Reclamation Plan prepared by Summit Environmental Consultants Ltd. and dated December 2008, should be strictly adhered to;

80 ALR (Coldstream Ranch) Page 2 of 6 March 10, 2009 Background the excavation limit should be restricted to south of the 2013 red dashed line shown on Map 3: Extraction and Reclamation Schedule; adequate security should be required from the owner and held by the Provincial Agricultural Land Commission for reclamation purposes; the owner should be required to work with a qualified consulting archaeologist to determine whether an archaeological impact assessment is warranted; access for construction vehicles to and from Rosebush Pit should be restricted to Hwy6. Coldstream Ranch (the Ranch) is applying for authorization to extend the boundaries of the Rosebush Pit, which is located completely on the Ranch's private property and within the Agricultural Land Reserve (ALR) (see Attachment A). The Pit is bounded by Murphy Rd on the east, Buchanan Rd on the north, CN railway on the south, and agricultural fields on the east and north. The Ranch has been extracting gravel and reclaiming land in and around the Rosebush Pit area for the last 50 years. In response to a request from the Agricultural Land Commission (ALC or Commission), the applicant has provided an "Extraction and Reclamation Plan" which outlines the development and reclamation history and the proposed extraction and reclamation plan for the Rosebush Pit (see Attachment B). The goal of the reclamation plan is to improve the net agricultural capability of the Rosebush Pit site after reclamation is complete. File No ALR In February 2007, the ALC wrote the Ranch's consulting agroiogist, Summit Environmental Consultants Ltd. (Summit), stating that the expansion of the site had exceeded well beyond the limits that were allowed for extraction, as stipulated in Condition 3.0 of the Commissions approval (see Appendix A of the Extraction and Reclamation Plan). Of particular concern was the expansion of the gravel pit into improved Class 1 and 2 soils (i.e. Spallumcheen soils). In this letter, the Commission requested clarification as to the expansion of the gravel pit. Subsequently, the ALC placed a stop work order on the Rosebush Gravel Pit properties and instructed the Ranch to submit, through the local government, a new application for any proposed works and for work that had already been completed. File No COL-SC / Soil Conservation Act Application T In May 1994, the Ranch applied to the District of Coldstream/Regional District of North Okanagan (RDNO) to "extract gravel and return soil to the area" for Lots , 215 and 216. The quantity of soil proposed to be removed from the area was 2-3 million m 3. The proposed date of completion for the proposal was the year Prior to submission of the application, the Ranch had expanded the gravel extraction without acquiring the necessary approval from the ALC and without a permit from RDNO. Through the application referral process, the ALC ordered the Ranch "to immediately cease all extraction activity, including the removal of topsoil, and submit a reclamation plan" (July 1994). In September 1994, the District of Coldstream Council passed a resolution supporting the Ranch's application.

81 ALR (Coldstream Ranch) Page 3 of 6 March 10,2009 In May 1995, the ALC passed a resolution to require the submission of an extraction/reclamation report by an independent agrologist. The ALC also pointed out that if the proposal was approved, the Ranch would be required to retain the services of an independent agrologist to act as a supervising consultant for the life of the project. The Commission also required that no new areas be opened up for extraction and that the topsoil mixing and sales activity cease. In August 1995, the Ranch supplied the Commission with an extraction/reclamation report prepared by Summit. Since 1996, Coldstream Ranch has been meeting the progress reporting requirements of the ALC. In January 1996, the ALC granted approval for only part of the area proposed by allowing "gravel extraction to continue within the existing working area and for the balance of Lot 12" (i.e. Lots 212, 211, most of 208, and part of 207) (Resolution #93/96). The original area applied for included Lots , 215 and 216. Based on the Commission's approval, the RDNO issued a Soil Conservation Act Permit to the Ranch to also allow gravel extraction to continue within the existing working area and for the balance of Lot 12 (i.e. Lots 212,211, most of 208, and part of 207). The permit was issued in February Planning Considerations Official Community Plan With respect to aggregate resources, the OCP contains the following policies, to: 1. Identify known aggregate resources as shown on Schedule D (Major Road Network Map) and ensure that sources of aggregate resource remain available in the District over the long term. 2. Prevent the encroachment of incompatible land uses on known aggregate deposits until the deposits have been fully excavated. 3. Encourage mining and reclamation techniques which allow for reuse of parcels containing aggregate deposits in the future. 4. Consider conducting a sand and gravel supply and demand analysis to determine the amount and location of sand and gravel required to serve Coldstream for the future. The OCP Major Road Network Map highlights sand and gravel deposits in the Rosebush Pit, generally covering Lots Zoning Bylaw The subject properties are located within the RU.2 zone, within which gravel extraction is not listed as a permitted use. The Zoning Bylaw does not provide for gravel extraction use specifically in any zone. Because the gravel extraction use at the Rosebush Pit predated zoning, it is considered a non-conforming use. Local Government Act Section 911 of the Local Government Act, speaks to the issue of non-conforming uses. Essentially, a non-conforming use is allowed to continue if it already existed at the time a Zoning Bylaw was adopted. However, in the case of raw land, the Act does not allow a non-conforming use to be continued on a scale or to an extent or degree greater than at the time of the adoption of the Zoning Bylaw. Provincial Agricultural Land Commission The Agricultural Land Reserve Use, Subdivision and Procedure Regulation, states the foliowing about aggregate extraction in the ALR: (1) The foliowing land uses are permitted in an agricultural land reserve unless otherwise prohibited by a local government bylaw...:

82 ALR (Coldstream Ranch) Page 4 of 6 March 10, 2009 (1 )(k) aggregate 1 extraction if the total volume of materials removed from the parcel is less than 500 m 3, as long as the cultivatable surface layer of soil is salvaged, stored on the parcel and available to reclaim the disturbed area; (3)!f a use is permitted under section (1)(k) it is a condition of the use that once the extraction of aggregate is complete, the disturbed area must be rehabilitated in accordance with good agricultural practice. In review of the relevant legislation and policy, gravel extraction in the general area of the Rosebush Pit is supported by the OCP but considered non-conforming with respect to zoning. However, because extraction has been taking place there for the last 50 years and predates zoning, the use is permitted to continue on the same scale was when zoning came into effect. The Commission allows limited gravel extraction on ALR lands unless prohibited by the local government. Due to the scale of the proposed/existing gravel extraction, the owner has been required to apply to "place fill or remove soil" under the Agricultural Land Commission Act. Advisory Planning Commission Recommendations The Advisory Planning Commission (APC) discussed the application and expressed concerns about the following: Impacts of dust and noise on neighboring properties The proximity of proposed gravel extraction activities to properties north of Buchanan Road. -- : The large size of exposed area and small size of reclaimed area (i.e. the ratio of exposed area to reclaimed area) Potential impacts of operations to Coldstream Creek The ambiguity of the maps in the 2008 Extraction and Reclamation Report Following a period of discussion, the APC passed the following unadopted resolutions: THAT the Advisory Planning Commission supports the application by Coldstream Ranch to place or remove soil at the Rosebush Pit, provided that the reclamation schedule, outlined on Map 3: Extraction and Reclamation Schedule of the Extraction of Reclamation Plan prepared by Summit Environmental Consultants Ltd. and dated December 2008, is strictly adhered to. AND THAT the Advisory Planning Commission recommends that the excavation limit be restricted to south of the 2013 red dashed line shown on Map 3: Extraction and Reclamation Schedule. THA T the Advisory Planning Commission requests that the Coldstream Ranch provide new maps clearly delineating, and providing sizes for, the areas that were granted previous approvals by the Agricultural Land Commission (i.e. Lots 213 & 214 and Permit Boundary T-29101) and proposed extraction areas that were applied for by Coldstream Ranch under previous applications and under application no ALR. 1 "aggregate" includes sand, gravel, crushed stone, quarry rock and similar materials used in the construction and maintenance of civil and structural projects

83 ALR (Coldstream Ranch) Page 5 of 6 March 10,2009 Agency Referrals A referral package was also sent to adjacent landowners and a list of agencies for comment. Comments received are consolidated as follows (see Attachment C): District of Coldstream Director of Engineering Services 1. It would be useful to have greater clarity with respect to drainage patterns, potential siltation, potential nutrient contamination from organics such as fuel hog, manure and other fertilizers, and any recommended actions to ensure the protection of Coldstream Creek water quality. 2. The current access to the pit is across from the King Edward Road intersection. This should remain despite any changes to the extraction site. Use of Buchanan Road, Ricardo Road, or Murphy Road should be avoided. 3. In consideration of a permanent access at the current location, the Vimy Road rightof-way and connection to Hwy 6 could be considered for permanent closure. Director of Financial Administration - no issues. NQRD Ministry of Agriculture and Lands GVS Water - does no foresee any fees or conditions necessary. We have no objections, but recommend that a qualified professional provide an estimate of the cost of reclamation, that a bond in the amount of this cost be posted with the District, and that it be held until a qualified professional certifies that reclamation has been completed. Ministry of If there is any work in and about a stream below the high water mark of any creeks in the Environment - area, the proponent will be required to submit an application for approval under Section 9 Water of.the Water Act, to Front Counter BC, and to obtain approval prior to undertaking works in. _ Stewardship and about this stream. Division There are water licenses, located downstream of the proposed work therefore extra care must be taken to ensure no siltation or disturbances occur. Rights of all licenses under the Water Act need to be protected. Please obtain a full list of affected licenses along with other information regarding Water Stewardship Division on Ministry of Tourism, Culture and the Arts - Archaeology Branch Ministry of Transportation and Infrastructure BC Hydro Adjacent Landowners There are no known archaeological sites in Provincial records; however, given that the area exceeds 10 ha, there is significant potential for unknown archaeological sites to exist in the area. The applicant should be advised to contact a qualified consulting archaeologist to determine whether an archaeological impact assessment is warranted. No objection, in principle; however the applicant does not have a valid and subsisting permit for access to the Vernon-Slocan Highway No. 6. The applicant is to apply to MOT for a controlled access permit. It does not appear that the proposal is in the vicinity of any of BC Hydro's transmission work; however, the applicant must obtain separate written approval from BC Hydro for any intended use or excavation at or near BC Hydro works before the activity takes place Buchanan Road (Edward & Marjorie Lane) - strongly object. Have concerns about: environmental damage; noise, dust and odor pollution; visual impact; damage to good agricultural land; contamination or overuse; traffic hazard; impact on wildlife habitat Buchanan Road (Donald & Alice Ramsey) - have concerns about: immense size of excavation; slow pace of reclamation; hauling of materials from the pit via Buchanan Road;

84 Q9-005-ALR (Coldstream Ranch) Page 6 of 6 March 10, 2009 noise and dust control; erosion of quality of life and property devaluation Buchanan Road (Carol Abernathy & Jeff Mellows - located outside 100 feet referral area) - opposed to further unregulated expansion; strongly opposed to any traffic from the pit using Buchanan Road; have concerns about: topsoil replacement; noise and dust Buchanan Road (Barb Mitchell) - no objections. Conclusion Historically, the Ranch has been extracting gravel in the region of the Rosebush Pit for the last 50 years and has been given limited approvals for such activities from both the ALC and the RDNO (i.e. 1996). There has also been recognition on the part of the ALC, the District of Coldstream, and the Ranch that scale of aggregate extraction has exceeded the area approved for extraction. With respect to legislation and policies governing aggregate extraction in the Rosebush Pit area, it is supported by the OCP; however, the current zoning does not permit this use thus, it is considered non-conforming. The LGA allows non-conforming uses to continue provided the "scale" of use remains unchanged on any given property. Based on previous approvals by the RDNO and the ALC, the use should be allowed to continue as long as the amount of exposed area does not exceed that which was approved for in From a resource use perspective, the long term plan for the Rosebush Pit makes efficient use of the land by extracting gravel resources below and improving the agricultural land above. Through discussion with the applicant, and based on the 2008 Extraction and Reclamation Report, the Ranch intends on significantly reducing the amount of exposed areas through reclamation by the year Neighbours and APC members in the area have expressed concerns about the existing and future impacts of the gravel pit operations. Concerns primarily focused around the impacts of dust and noise, the potential for construction traffic on Buchanan Road, and the large exposed area relative to reclaimed area. In order to minimize impacts on neighbours, construction traffic should be restricted to using Hwy 6 and the ALC should require the Ranch to implement dust control practices. Further, the encroachment of gravel extraction, towards Buchanan Road, should be limited to provide a buffer between the pit and residents on the north side of Buchanan Road. To ensure that the pace of reclamation keeps up with the pace of extraction, the 2008 Reclamation and Extraction Plan should be adhered to. '7y7c/^/l^JMtJul- SubrWtted by Crafo Broderickf MCIP Director of Development Services & Michelle Austin Planning Technician Cpw.. A ^S *. & Reviewed by Michael Stamhuis, Chief Administrative Officer

85 APPLICATION TO PLACE FILL OR REMOVE SOIL UNDER SECTION 20(3) OF THE AGRICULTURAL LAND COMMISSION ACT NOTE: The information required by this form and the documents you provide with it are collected to process your application under the Agricultural Land Commission Act and regidation. This information will be available for review by any member of the public. If you have any questions about the collection or use of this information, contact the Agricultural Land Commission and ask for the staff member who will be handling your application. APPLICANT Registered Owner: Coldstreara Ranch(2002) Ltd Address: P.O.Box Agent: Address: Coldstream, Postal Code B.C. V1B3L9 Tel. (home) (work) Tel. Fax Ted Osbom 250- *45~ - ^> V O J? Fax balcaen(s}shaw.ca,ted osborn(3juniserve.com Postal Code LOCAL GOVERNMENT JURISDICTION (Indicate Regional District or Municipality) "- District of Coldstream LAND UNDER APPLICATION (Show land on plan or sketch) Approved in Principle by ALC Resolution #93/96, Lots 203,204,206,207,208,209, 210,211,212,(213,214). Parts of additional Lots 202,215,216,217,218,219,220,205,195, 194,196, and 197. The details of extraction and reclamation are covered in Summit Environmental Consultants Ltd's Rosebush Gravel Pit Report CURRENT USE OF LAND UNDER APPLICATION {Show information on plan or sketch) List all existing uses on the parcel(s) and describe all buildings The growing of forage crops and beef cattle grazing. No buildings PROPOSAL (Show on plan or sketch) [~ To Place Fill Q To Remove Soil Type of Material: Volume: cubic metres Depth: metres Total Project Area: hectares Duration of Project: X, To Remove Soil and Place Fill Details to be found in Summit Environmental Consultants Ltd's Rosebush Gravel Pit Report

86 Type of Equipment to be Used: (i.e. screening plants, washers, portable asphalt and concrete plants) Proposed Reclamation Measures: Reclamation plan prepared by Professional Agrologist X] Yes (If yes, attach plan) \ No Purpose of Project: To take out the gravel subsoils that decrease the water retention capability of the soils, and to take out the steep slopes that prevent the efficient cropping of part of these areas Explain how the proposal will benefit the agricultural use of the property: To improve agricultural capability of the area by: increasing the water retention capability of the sols, contourmg the area to allow more efficient cropping, and increase the irrigated area by some acres by eliminating the steep slopes. USES ON ADJACENT LOTS (Show information on plan or sketch) North East South West hobby farms and cattle grazing forage crop growing beef cattle cattle grazing forage crop growing and beef cattle grazing Are there any farm activities such as livestock operations, greenhouses or horticultural activities in proximity to the proposal? Xj Yes (Ifyes, please specify farm activity and location) \ ( No Growing of forage crops and grazing of beef cattle DECLARATION I/we consent to the use of the information provided in the application and all supporting documents to process the application in accordance with the Agricultural Land Commission Act and regulation. Furthermore, I/we declare that the information provided in the application and all the supporting documents are, to the best of my/our knowledge, true and correct. I/we understand that the^a^ricultural Land Commission will take the steps necessary to confirm the accuracy of the information and doc ^^^^==c= WoTAgent Print Name ^f^u;tf e^ ^ Date Signature of Owner or Agent Print Name Date Signature of Owner or Agent Print Name

87 AL Application to glace Fill or Remove F1I8 March 12,2009 Comments an Referral Letters Received from various Ministries 1/ Director of Engineering Services memo of Feb.6,2009 a/ The pit is located north of the Railway tracks while Coldsfream creek is located south of the railway tracks, There is no drainage into Coldstream creek and the grass fields between the excavated area and the railwayrightof way, disperse any spring water runoff that could occur. There is a drainage ditch on the north side of the railway tracks, and is located between the fence and the tracks, south of Lot 211. Any surface water would flow west in this reed filled ditch and disperse in thefieldsto the west. Summitt Environmental Services has been asked to check out these facts, when the snow has melted. h! The main access road will continue to be at 8025 Highway #6 (Ring Edward FSR). c/ The Vimy road railway crossing and the Highway #6 access are permanently closed and the documentation has been provided to Development Services. 2/ The Ministry of Transportation note of Feb. 9,2059 The permit needs to be renewed every S years. An application for renewal was made on March 6 th. 3/ Ministry of Agriculture and Lands note of Feb. 26,2009 The matters raised in the note are covered under the ALC regulations. The level of security will be one of the requirements set out between the Ranch and the ALC. 4/ Ministry of Tourism, Culture and Arts The area under consideration has been under intensive irrigation agriculture for more than 100 years. The only relatively undisturbed area is some 1-2 ha of steep bank adjacent and west of Lot 194. Although it is mentioned that the area has been yearly grazed by cattle and horses since that time. The existing road, at the toe of the slope^ was built over an irrigation ditch, which was constructed in the early 1900's. The only 'habitation', that has known to exist in this area, are embracing couples during the evenings in the wanner part of the year. The debris left by these nocturnal visitors is not considered, in our opinion, of archaeological significance. TedOsbomFAg Director of Projects

88 PRESENTATION TO DISTRICT OF COLDSTREAM COUNCIL ON ALC APPLICATION TO PLACE FILL OR REMOVE FILL March 23, 2009 Mayor Garlick and Council Members, You have for consideration an ALC APPLICATION TO PLACE FILL OR REMOVE FILL on lands owned by Coldstream Ranch. It is our understanding that this application is forwarded through the local jurisdiction so that you can be made aware of the application and forward the application, for consideration by the Agricultural Land Commission, with any community considerations that the ALC should take into account on its evaluation of the proposal. Preamble The Ranch was provided with authority to remove the aggregate and replace the soil through the North Okanagan Regional District and the ALC, in In review, the ranch has been undertaking this excavation and reclamation work, on various areas of the Ranch, since the late 1950's with the objective of improving the agricultural capability of the soil, on the area, but also allow for the areas to be more efficiently cropped with the surrounding fields. The Rosebush pit has been the largest undertaking but at the same time will allow for the greatest benefit for the efficient cropping. Not only will the water retention soil capabilities be significantly improved but also the removal of the steep banks will allow the areas to be more efficiently and effectively irrigated. In addition, some acres of cropland will be gained by removing the steep slopes to the elevation of the adjacent fields. It is to be noted that asphalt and/or concrete plants are not considered in the plan of operations. The Area under Application On MAP #1 are outlined the "Properties" granted approval in principle, in black and the lots on which extraction was approved, in blue. In the past the Ranch had acquired approval from the relevant authorities, on the area to be improved, and then undertaken the extraction and reclamation operations without the need to file progress reports or acquire approvals for stages of the work. Inadvertently the Ranch overlooked the "new" aspect of an extraction area within the area under approval and proceeded to carryout the extraction and reclamation work focused on the area approved in principle. As required, by ALC, the services of Summit Environmental Consultants Ltd was retained to provide technical expertise and guidance in the extraction and reclamation work. In addition, they have filed, annually with ALC, 18 progress reports which were acknowledged by ALC. It should be noted that the areas, to the east and north-easterly of the area outlined in black, on which excavation has been undertaken, and covered in the application, are noted in yellow. In addition the areas applied for, to the north of the northwest quadrant of the area outlined in black, on which extraction of gravel would occur in the future are outlined in hot pink.

89 Past Operations On MAP #2 are outlined the open extraction and reclaimed areas carried out up to and including the winter of The extraction areas are in red and the reclamation areas are in white. Present Operations On MAP #3 are outlined the areas which will be reclaimed in 2009, in white. In addition, the areas planned for extraction are outlined, in red, assuming approval by ALC is granted. Future Operations On MAP #4 are outlined the areas that are planned for reclamation by 2011, in white., and the areas planned for extraction, in red. The rate of extraction will depend on the volume of the aggregate sold. On MAP #5 is indicated the direction that extraction will be undertaken, in red; the rate of which will depend on the volume of aggregate sales. The reclamation will follow the extraction as close as is practical to the movement of the stockpiles. It should be noted that the reclaimed areas will slope and be coordinated to the fields immediately to the west. The permanent ranch road network is added to the map. Concern has been expressed, by residents living north of the area, in regards to dust and noise from operations. First, it is mentioned that the open footprint of operations will, in. the future, be much smaller, resulting a much reduced probability of significant wind events. Secondly, the access roads will have continuous dust control measures undertaken. Thirdly, any soil piles, that will exist for more than four months in the growing season, will be seeded to grass. Fourthly, the hours of operation will be from 7 am to 5 pm, Monday to Friday only. Fifthly, if noise is a problem to the residents to the north, when the extraction area moves closer to Buchanan road, probably some ten years in the future, the placement of the top soil, removed from the extracted area could be placed along the north side of the excavation to act as a noise barrier. Since the machinery is situated in the bottom of the excavated area, the adjacent bank already acts as a noise barrier. Project Completion On MAP #6 is depicted how the area will look when the extraction and reclamation processes are complete. There will be a 5-10 meter bank, beside the road, along the south boundary of Lot 205 and proceeding north and northwesterly, along the west boundary of Lot 205 and tapering out in the vicinity of Lot 196. In conclusion, we ask that you consider favorably the forwarding of the application to the Land Commission for their evaluation and decision.

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