REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a REGULAR meeting of the PLANNING AND BUILDING COMMITTEE held in the Board Room at the Regional District Office on TUESDAY, JANUARY 16, 2001 Members: Director G. Dale, Chair City of Enderby Director G. Oglow City of Armstrong Director D. Hackman District of Coldstream Director W. Hansma Township of Spallumcheen (absent) Director W. McGiverin Village of Lumby Director S. Harvey City of Vernon Director A. Klim City of Vernon Director J. MacGillivray City of Vernon Director E. Columbus Electoral Area B Director S. Field Electoral Area C Director L. Deuling Electoral Area D Director E. Foisy Electoral Area E Director J. Tuominen Electoral Area F Staff: A. Pattison Director of Development Services L. Maxwell Recording Secretary The Chair called the meeting to order at 9:05 a.m. Mr. Pattison asked for nominations for Chair and Vice-Chair of the Planning and Building Committee. Nominated for the office of Chair was Director Gordon Dale. There being no further nominations, Director Dale was declared elected by acclamation as Chair for the Planning and Building Committee. Director Dale assumed the Chair. Nominated for the office of Vice-Chair was Director Les Deuling. There being no further nominations, Director Deuling was declared elected by acclamation as Vice-Chair for the Planning and Building Committee. PART A DELEGATIONS - None PART B - MINUTES B.1 Adoption of Minutes of the Planning and Building Committee of Tuesday, December 19, 2000 Moved by Director Columbus Seconded by Director Field That the minutes of the regular meeting of the Planning and Building Committee held on December 19, 2000 be adopted. B.2 Business Arising From The Minutes - None PART C - GREATER VERNON AGENDA MATTERS C.1 Greater Vernon Restructure Matters - None C.2 Greater Vernon Electoral Areas Planning Matters
2 i) Christa Stasiuk Development Variance Permit Application Amended Lot 28 (DD51818F), Plan 1362, Section 24, Township 8, Except Plan 38608, 7162 L&A Road, Electoral Area B (File 00-0690-B-DVP) Mr. Pattison explained the lot configuration and relevant history of the subject property to the Committee. PART D REGIONAL DEVELOPMENT SERVICES i) Memorandum from Alan M. Pattison, Director of Development Services dated January 10, 2001 re: Board of Variance Mr. Pattison advised that Section 149 of Bill 14 (Local Government Statute Amendment Act) made a number of changes affecting the Board of Variance and pointed out that a new section has been added which specifies an application can only be made to the Board of Variance if the applicant has previously applied for a Development Variance Permit. He added that this applies to applications pursuant to the siting, dimensions and size of a building or subdivision servicing requirements. Mr. Pattison stated that based on the history of Board of Variance applications received by NORD, this would likely reduce the numbers processed to zero. Director Deuling asked if there is a fee difference between Development Variance Permit applications and Board of Variance applications. Mr. Pattison replied that he would provide information on this matter. (Development Variance Permit = $175.00/Board of Variance = $175.00). Director Hackman asked who comprises the Appeal Board. Mr. Pattison replied that there is one provincial representative, one local Regional Board representative and the third is decided by the other two. Discussion ensued regarding notifying contractors of this change. Moved by Director Harvey Seconded by Director Klim That a press release be arranged prior to the implementation of Board of Variance procedure amendments, to include the City of Vernon if in agreement. ii) Memorandum from Rob Smailes, Planner dated January 10, 2001 re: Bill 14 Implic ations for Land Use Planning Mr. Pattison recapped this memorandum outlining amendments (known as Bill 14) to the Local Government Act and pointed out that the OCP content, purpose, process and consultation processes will be greatly affected. Mr. Pattison explained that under the new strategy, OCP application processing will be delayed at least one month as it will now be necessary for the Regional Board to decide agency referrals. Director Field suggested a Bylaw be prepared to delegate the power of referral making to the Planning and Building Department, to which Mr. Pattison replied that he would research this further. PART E - ELECTORAL AREAS PLANNING MATTERS i) Memorandum from Fred Levitt, Senior Planner dated January 2, 2001 re: 2000 Subdivision Applications Within the Electoral Areas
3 This memorandum was received for information by the Committee. Chair Dale requested information from the Planning Department regarding Agricultural Land Reserve applications approved pre 1972 and after 1972, to be provided at the next Planning and Building Committee meeting. ii) Official Community Plan/Rezoning Application Crown Provincial Part SE ¼, Section 15, Township 19, Range 9, W6M, KDYD, Except Plans A713 and 30215, 128 Highway 97B, Electoral Area F (File 00-0715-F-OCP/RZ) Mr. Pattison outlined this application and noted the recommended referrals for consultation. Director Tuominen asked whether the zoning permits the possibility of an asphalt plant, to which Mr. Pattison replied that it does. Mr. Pattison advised that this application will require a 10% waiver which will be considered further in the process. Moved by Director Tuominen Seconded by Director Columbus That it be recommended to the Regional Board that the application to amend the Official Community Plan and Zoning of Part SE ¼, Sec. 15, Tp. 19, Rge. 9, W6M, K.D.Y.D., Except Plans A713 and 30215, (Ministry of Transportation and Highways) be received, and that amendment Bylaws be prepared; and; that this application be referred for consultation to the following appropriate persons, organizations and authorities: 1. The Electoral Area F Advisory Planning Commission 2. The Land Reserve Commission 3. The Ministry of Transportation and Highways 4. The Ministry of Environment, Lands and Parks 5. The Ministry of Energy and Mines 6. The North Okanagan Health Region. iii) Signage Moved by Director Field Seconded by Director Deuling that the agenda item dealing with Signage be set aside and dealt with following the completion of all other agenda items. PART F - ZONING BYLAW ENFORCEMENT - None PART G - MUNICIPAL PLANNING MATTERS None PART H - BUILDING MATTERS iii) Legal Considerations CP Corp./G. Henrickson Lot 1, Plan 33050, Section 3, Township 19, Range 7, W6M, KDYD, 2075 Enderby Mabel Lake Road, Electoral Area F (File 00-0161- F-NT)
4 Mr. Pattison summarized the situation regarding this matter and advised there are too many problems outstanding for the property owner to merely call in a Structural Engineer and have the building in question certified. He requested clarification on the proposed legal action to deal with all outstanding contraventions or strictly structural matters. Moved by Director Tuominen Seconded by Director Columbus that in consideration of the installation of a mobile home and the construction of a deck without a Building Permit or inspection of the works, that legal proceedings be commenced against the property owner of Lot 1, Plan 33050, Sec. 3, Twp. 19, Rge. 7, W6M, K.D.Y.D., 2075 Enderby Mabel Lake Road, Electoral Area F (CP Corp./G. Henrickson) to have the subject mobile home and deck removed; unless at the option of the property owner, an Application is made for a new Building Permit, a Building Permit is issued and a surety certification is received to confirm the dwelling is safely located on the subject property and inspection reports are submitted by professional engineers to confirm that all construction and utility works related to the mobile home installation and the attached deck comply or are equivalent to the BC Building Code and if necessary, works are undertaken to bring the subject construction works into compliance with the BC Building Code and if these reports are received by the Regional District and the works (if any) are completed and approved by the Building Inspector and the consulting engineer within 120 days, then the Regional District lawyer is instructed to abandon the above noted legal proceedings; and the Regional District lawyer is further instructed to hold in abeyance any legal proceedings for the aforementioned 120 days if the property owner agrees in writing to commence the above noted option and after 120 days to resume legal proceedings unless the Building Inspector has approved the engineer s report. Director Harvey left the meeting at 10:15 a.m. PART I - ENGINEERING MATTERS - None PART J - NEW BUSINESS i) Air Quality Coalition Director Deuling brought forward correspondence on the wood stove exchange program in the Okanagan Valley. He asked for financial contributions in the amount of $500.00 from local government towards radio and newspaper. Director Harvey explained that in order for the City of Vernon to contribute, a request would have by necessary by September 2000. Director McGiverin stated he requires further information before approaching Lumby Council.
5 Directors Field, Hackman and Oglow supported the initiative of the Program, however, Director Harvey stated there is a conflict of interest in Director Oglow s support. Moved by Director Columbus Seconded by Director Deuling that $500.00 be taken out of the advertising budget to promote the wood burning stove exchange program in the Okanagan Valley and that these funds be expended immediately. MOTION WITHDRAWN. Moved by Director MacGillivray Seconded by Director Harvey that $500.00 be taken from the discretionary fund of the Electoral Area Directors to promote the wood burning stove exchange program in the Okanagan Valley and that these fund be reimbursed from the advertising budget if and when participating municipalities agree to participate. Director Klim suggested that in future, all requests such as the wood burning stove exchange program funding request be copied to all municipal Councils. ii) Meeting with Land Reserve Commission Mr. Pattison informed that he had received a letter from the Land Reserve Commission informing they will be in Vernon in January. The Committee requested Mr. Pattison arrange a meeting with the Commission. A general discussion ensued on the items to be considered. iii) Cosens Bay Road Mr. Pattison advised he had sent a letter to Ms. Claire Dansereau, Deputy Minister of the Ministry of Transportation and Highways, requesting a response to matters raised by Directors Columbus and Klim in a meeting with Highways at the UBCM convention. Director Klim voiced concerns regarding comments sent by Development Services to the Ministry of Highways regarding the Stasiuk Subdivision Application and in particular, reference made to sub-standard road access. Director Klim added that the application had not been referred to the Planning and Building Committee to which Mr. Pattison replied that subdivision referrals are sent by the Ministry of Transportation and Highways after which the Approving Officer returns comments only. He advised that as a rule, subdivision applications are not reviewed by the Planning and Building Committee or any other Committee. Director Klim stated she does not feel the Cosens Bay residents have had proper representation by the Electoral Area B Director and Advisory Planning Commission. Director Field stressed that the Regional District should not get involved in road issues as they do not fall under the jurisdiction of NORD. Moved by Director Field Seconded by Director Columbus that the Regional District cease all discussion with the Ministry of Transportation and Highways on the matter of the Cosens Bay Road pending receipt of some conclusion of the Ministry s position on the maintenance of the road.
6 Directors MacGillivray and Oglow abstained from voting on this matter. Moved by Director Field Seconded by Director Columbus that it be recommended to the Regional Board that the Regional District of North Okanagan abstain from all involvement in road building and maintenance in the Electoral Areas of the Regional District. Moved by Director Klim Seconded by Director Oglow that the Director of Development Services prepare a report regarding comments by the Regional District Approving Officer to the Ministry of Transportation and Highways on the Stasiuk Subdivision Application, to be presented at the March 2001 Planning and Building Committee meeting and that a representative(s) from the Ministry of Transportation and Highways be invited to attend that meeting. The meeting broke at 10:45 a.m. and resumed at 11:00 a.m. iv) Mr. Pattison informed the Committee that the LRMP sign-off will take place on Thursday, January 18, 2001 and asked if any members were interested in attending. It was decided by the Committee that Rob Smailes, NORD Planner would attend on his own. v) Budget Meetings for Fall of 2001 Mr. Pattison stated that he would like to hold an additional Planning and Building Committee meeting on October 30 th, 2001 (4 th Tuesday) to deal with any possible amendments to the proposed budget. vi) Meeting Dates for the for the Year 2001 It was decided that the Committee will meet on the 3 rd Tuesday of each month at 9:00 a.m. in the Regional District Board Room at the NORD offices. vii) Christa Stasiuk Development Variance Permit Application This item was dealt with under C.2.i. PART E ELECTORAL AREAS PLANNING MATTERS iii) Signage: a) Memorandum from Alan M. Pattison, Director of Development Services dated January 10, 2001 re: Revised Sign Regulations Mr. Pattison reminded the Committee that a special meeting has been set to discuss the matter of signage for January 23, 2001 at 9:00 a.m. at the Regional District. Mr. Pattison advised that there are two important outstanding issues regarding signs, those being 1) business directional signs and 2) community identification signs. He added that the issue of wall signs should be addressed as well.
7 Mr. Pattison noted that bylaw enforcement is an issue, but added that once the amendment bylaw to the regulations is adopted, bylaw enforcement can be dealt with on either a complaint basis or a strategy can be developed. Director Deuling asked whether an Electoral Area could opt out of sign regulation. Mr. Pattison replied that yes this is an option, however, the Regional Board has to agree to the request as a whole. Director Foisy stated that the sign regulations do not suit Electoral Area E and feels that enforcing the regulations may cause unnecessary problems as there have been no signage complaints in his area. Mr. Pattison replied to this by saying that should the Regional Board be convinced to abolish sign regulations in Electoral Area E, then anything goes, ie. Billboards, etc. If the sign issue is dealt with on a complaint basis, and there are no complaints in Electoral Area E, then there should be no future problems. Mr. Pattison stated that the largest issue appears to be off-premises signs throughout the Province. Director Deuling replied to this by saying that Electoral Area E needs offpremises signs due to the business locations of the area. Mr. Pattison suggested that the Planning and Building Committee could recommend lifting the moratorium (placed two years ago) on bylaw enforcement at their January 23, 2001 meeting. Director Deuling asked whether there is an existing ticketing bylaw in the Regional District to which Mr. Pattison replied there is and it includes signs. Director Deuling enquired whether there was any chance the Department of Transportation and Highways would cooperate with illegal sign removal. Director Tuominen stated that her constituents have no faith in local government as there has not been, nor is there currently, consistent bylaw enforcement. Moved by Director Tuominen Seconded by Director McGiverin that it be recommended to the Regional Board that the current moratorium on bylaw enforcement of the existing Regional District sign regulations be lifted and that enforcement be carried out on a complaint only basis. Directors Klim and Hackman Opposed. Moved by Director Seconded by Director McGiverin that it be recommended to the Regional Board that upon completion of the proposed amendments to the sign regulations, that the sign regulations be strategically enforced along Highways 97A and 97B north of Enderby only. Director Columbus suggested that perhaps signs should require submission of an application. Mr. Pattison replied that he would research the matter.
8 b) Memorandum from Rob Smailes, Planner dated January 3, 2001 re: Signage Construction Business Comments This memorandum was received for information. c) Consolidated Sign Regulations to Incorporate Proposed Zoning Amendment Bylaw No. 1566, 1999 PART K - ADJOURNMENT This information was received. Moved by Director Oglow That there being no further business, the meeting be adjourned. The meeting was adjourned at 11:45 p.m. Chairperson Secretary