REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of the REGULAR meeting of the REGIONAL BOARD (EAS) held in the Board Room at the Regional District Office on TUESDAY, OCTOBER 16, 2007 Members: Director J. Oglow (Chair) City of Armstrong Director W. Lippert (Vice Chair) City of Vernon Director G. Corner District of Coldstream (absent) Director D. Wejr City of Enderby (absent) Director E. Foster Village of Lumby (absent) Director L. Bissell Township of Spallumcheen (absent) Director P. Cochrane City of Vernon (absent) Director P. Nicol City of Vernon (absent) Director C. Kanester Electoral Area B Director S. Field Electoral Area C Director R. Fairbairn Electoral Area D Director E. Foisy Electoral Area E Director H. Halvorson Electoral Area F Staff: G. Betts General Manager, Electoral Area Services R. Smailes Development Services Manager S. Noakes Planner G. Spann Building Inspector I. van Oostveen Executive Clerk, Electoral Area Services Other: Approximately 18 in the public gallery. PART 1 CALL MEETING TO ORDER The Chair called the meeting to order at 9:02 a.m. PART 2 APPROVAL OF AGENDA AS PRESENTED Moved by Director Fairbairn Seconded by Director Foisy That the agenda of the October 16, 2007 regular meeting of the Regional Board (EAS) of the Regional District of North Okanagan BE APPROVED as presented. PART 3 INTRODUCTION OF LATE ITEMS PART 4 ADOPTION OF MINUTES Regional Board (EAS) Regular Meeting September 18, 2007 Moved by Director Field Seconded by Director Kanester That the minutes of the September 18, 2007 regular meeting of the Regional Board (EAS) of the Regional District of North Okanagan BE ADOPTED as circulated.
Regional Board (EAS) - 2 - October 16, 2007 PART 5 PETITIONS AND DELEGATIONS a. F. Dirks See 7.A.3.a.i. No presentation. b. Vernon Motorsports See 7.A.3.b.i Brent Christian, President of Vernon Motorsports spoke to the application. c. R. Nielsen See 7.A.3.b.ii Mr Nielsen explained that he could have set the building at 4.5 m instead of 3.5 m if he had received the necessary information at the outset. d. R. Chene See 7.A.3.b.iii Mr. Chene distributed a hand-out and spoke to the application. e. B. & S. Saunby See 7.A.3.b.iv No presentation. f. K. Dukhia See 7.A.3.b.v Mr. Dukhia spoke to the application. g. Ms. D. Leroux, Chair, Air Quality Stakeholder Committee 1. Outdoor Solid Fuel Burning Appliances Draft Bylaw; and 2. Education of Rural Residents on Outdoor Solid Fuel Burning Appliances. Ms. Leroux advised the Committee that staff is drafting a bylaw for Outdoor Solid Fuel Burning Appliances. The Air Quality Stakeholder Committee requests funding from the Electoral Areas for the education of rural residents on the proper use of outdoor solid fuel burning appliances, specifically a campaign that includes flyers and a website. Director Field inquired how much funding the Air Quality Stakeholder Committee is requesting. Ms. Leroux advised that the Committee currently has $3000 in its education budget, and that $1500 will be dedicated to smoke education. She requested that the Electoral Areas match this ($1500) amount. Director Fairbairn commented that there may be some reluctance for rural areas to participate, but given enough time, education, and matching funds from the Electoral Areas, this education program could be a step in the right direction.
Regional Board (EAS) - 3 - October 16, 2007 Ms. Leroux further advised that no single agency in our area determines the maximum smoke load or how many permits are allowed at one time, and that multiple permits are issued by multiple agencies. Ideally, all permitted fires within the district should be registered in one database. h. Rod Drennan, O Keefe Ranch & Interior Heritage Society No presentation, however the General Manager, Electoral Area Services asked that the matter be brought forward to the next meeting to receive a presentation. i. H. Brown Ms. Brown was present to answer any questions. PART 6 MATTERS ARISING FROM PETITIONS AND DELEGATIONS The meeting of the Regional Board (EAS) broke for a recess at 9:31 a.m. and reconvened at 12:45 p.m. PART 7 SUB-REGIONAL AND STAKEHOLDER MATTERS PART 6 MATTERS ARISING FROM PETITIONS AND DELEGATIONS PART 7 SUB-REGIONAL AND STAKEHOLDER MATTERS 7.A. Electoral Area Services 7.A.1. Reports 7.A.2. Building Matters 7.A. Electoral Area Services 7.A.1. Reports 7.A.2. Building Matters 7.A.3. Planning Matters a. Development Permit Applications i. DIRKS, F. - Parcel A (Plan B6715) of Lot 5, Sections 25 and 26, Township 8, Osoyoos Division Yale District, Plan 1956, Except Plans 20384, H18484 and KAP68929, located at 7975 Greenhow Road [File No. 07-0570-B-DP] - Development Services Information Report October 2, 2007
Regional Board (EAS) - 4 - October 16, 2007 Moved by Director Field Seconded by Director Kanester That, as recommended by the Electoral Area Services Committee, a Development Permit BE ISSUED for that property legally described as Parcel A (Plan B6715) of Lot 5, Sections 25 and 26, Township 8, Osoyoos Division Yale District, Plan 1956, Except Plans 20384, H18484 and KAP68929 located at 7975 Greenhow Road, Electoral Area 'B' to permit the construction of a 13.716 m x 30.48 m addition to the existing building on the site. It is recommended further that the permit contain the following conditions: 1. Requirements, conditions, or standards applicable pursuant to Section 920 of the Local Government Act: a. The form and character of the proposed development shall be as shown on Schedules A.1 and A.2 which are attached to and form part of this permit. b. A means of sewage disposal shall be installed to provide an adequate method for the disposal of sewage effluent from the proposed building and a professional engineer must design the sewage disposal system. In this regard, a study of subsurface soil conditions shall be undertaken by the engineer to determine the soil suitability for the proposed system. The engineered sewage disposal plan must be approved by the Interior Health Authority as a condition precedent to the issuance of a building permit for the proposed building and the Health Authority may require that a covenant be registered on the title of the subject property to provide for and protect a separate, back-up, sewage drain field area. c. Where a Sewage Disposal Permit has been refused by the Interior Health Authority the Regional Board may grant the use of a holding tank under the provisions of the "Regional District of North Okanagan Holding Tank Sewage Disposal Bylaw No. 671, 1985". d. Parking consisting of a total of 37 stalls, shall be provided in accordance with the provisions of Schedule B (Section 1101 Off-Street Parking) of the Regional District of North Okanagan Zoning Bylaw 1888, 2003 and signage shall be installed to direct patrons to the parking area at the side of the building. All parking areas provided are required to be paved curbed and drained, in accordance with Section 1101(9), in reference to Section 1101(2)(e.). e. Signage must conform with the provisions of Section 1401 of the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003. f. Landscaping and screening shall be installed in accordance with the form and character guidelines of the Swan Lake Commercial District Sector Plan and Schedule F of Zoning Bylaw No. 1888, 2003. g. A storm water management plan shall be prepared by a professional engineer to provide for the control of run-off from parking areas, internal roadways, and buildings during and after the period of construction. Storm water outlet facilities shall not be installed directly into Swan Lake or into any wetland, tributary
Regional Board (EAS) - 5 - October 16, 2007 watercourse, drainage ditch or gully except where a stormwater renovation system is being implemented. h. Security in an amount equal to 1.25 times the estimated cost of the paving and storm water management works shall be provided to the Regional District as a condition precedent to the issuance of a building permit for the proposed development. Estimates shall be prepared by qualified paving and engineering contractors. The security shall be an irrevocable letter of credit in favour of the Regional District and the letter of credit must contain a self-renewal clause to ensure that the funds are available to the Regional District pending completion of the project. i. The project and all associated works and services shall be completed within one year of the date of issuance of this permit. 7.A.3. b. Development Variance Permit Applications i. 408455 BC Ltd. [Vernon Motorsports] c/o Jade Bay Constructors Ltd. Lot 1, Section 14, Township 8, ODYD, Plan KAP47190 located at 6381 Highway 97N [File No. 07-0507-B-DVP] - Development Services Information Report September 28, 2007 Moved by Director Field Seconded by Director Kanester That, as recommended by the Electoral Area Services Committee, upon consideration of input from adjacent land owners, a Development Variance Permit BE ISSUED for that property legally described as Lot 1, Sec. 14, Tp. 8, ODYD, Plan KAP47190 located at 6381 Highway 97N, Electoral Area 'B' to permit Show room expansion and façade improvements to the existing building as shown on Schedule A.1 and to contain the following conditions: 1. Section 406.2 of Zoning Bylaw 1888, 2003 is varied by reducing the minimum side yard setback requirement from 3 metres to 0.5 metres; and, 2. The applicant constructs the Alternate Parking Configuration as shown on Schedule A.2. ii. NIELSEN, R. - That Part D.L. 526, K.D.Y.D., Which may be more particularly described as follows: Commencing at the S.W. Corner of said lot; thence N. along the W. Boundary of said Lot 12 Chains; thence E. and at Right Angles to the W. Boundary and Parallel with the S. Boundary of said Lot a distance of 10 Chains; thence S. and Parallel with the said W. Boundary a distance of 12 Chains; thence W. and along the S. Boundary to the point of commencement. located at 6619 Highway 97A [File No. 07-0452-F-DVP]
Regional Board (EAS) - 6 - October 16, 2007 - Development Services Information Report September 14, 2007 Moved by Director Halvorson Seconded by Director Fairbairn That, as recommended by the Electoral Area Services Committee, upon consideration of input from adjacent property owners, a Development Variance Permit BE ISSUED for that property legally described as That Part D.L. 526, K.D.Y.D., Which may be more particularly described as follows: Commencing at the S.W. Corner of said lot; thence N. along the W. Boundary of said Lot 12 Chains; thence E. and at Right Angles to the W. Boundary and Parallel with the S. Boundary of said Lot a distance of 10 Chains; thence S. and Parallel with the said W. Boundary a distance of 12 Chains; thence W. and along the S. Boundary to the point of commencement" located at 6619 Highway 97A, Electoral Area 'F' to vary Section 803(9)(e.) of Zoning Bylaw #1888, 2003, and reduce the side yard setback for the Accessory Residential Building under construction from 4.5 m (14.76 ) to 3.5 m (11.48 ). iii. CHENE, R. Lot A, Sec. 26, Tp. 8, ODYD, Plan KAP63555, Except Plans KAP66907 and KAP70151 located at #63 8000 Highland Road [File No. 07-0590-B-DVP] - Development Services Information Report September 25, 2007 Moved by Director Kanester Seconded by Director Foisy That, as recommended by the Electoral Area Services Committee, upon consideration of input from adjacent land owners, a Development Variance Permit NOT BE ISSUED for that property legally described as Lot A, Sec. 26, Tp. 8, ODYD, Plan KAP63555 except Plans KAP66907 and KAP70151 located at #63 8000 Highland Road, Electoral Area 'B' to vary Section 505.10.(c) of Zoning Bylaw No. 1888, 2003 and allow the applicant to enclose the proposed sun room with walls, as such a variance would imply permanent residential use of the addition and the existing use of the park model RV which is intended to be temporary and seasonal in nature. iv. SAUNBY, B. & S. c/o CLARK, D. Lot 17, Sec. 14, Tp. 19, Rge. 6, W6M, KDYD, Plan 33257 located at 90 Lusk Lake Road East [File No. 07-0506-F-DVP] - Development Services Information Report September 28, 2007 Moved by Director Halvorson Seconded by Director Fairbairn That, as recommended by the Electoral Area Services Committee,, upon consideration of input from adjacent land owners, a Development Variance Permit BE ISSUED for that property legally described as Lot 17, Sec. 14, Tp. 19, Rge. 6, W6M, KDYD, Plan 33257 located at 90 Lusk Lake Road East, Electoral Area 'F' to vary Section 701.9.b.i of Zoning Bylaw No. 1888, 2003 and the front yard setback be reduced from 7.5 m (24.61 ) to 6.68 m (21.92 ) for a new home under construction.
Regional Board (EAS) - 7 - October 16, 2007 v. DUKHIA, K. - Lot 2, Sections 13 and 14, Tp. 8, ODYD, Plan 15173 Except Plan 38329 located at 6255 Rimer Road. [File No. 07-0608-B-DVP] - Development Services Information Report September 28, 2007 Moved by Director Kanester Seconded by Director Field That, as recommended by the Electoral Area Services Committee, upon consideration of input from adjacent land owners, a Development Variance Permit NOT BE ISSUED for that property legally described as Lot 2, Sections 13 and 14, Tp. 8, ODYD, PLAN 15173 Except Plan 38329 located at 6255 Rimer Road, Electoral Area 'B' to permit the applicant to renovate the existing structure for a bunkhouse for farm labour, as such a variance would imply permanent residential use of the building which is intended to be temporary and seasonal in nature and is therefore contrary to Zoning Bylaw. 7.A.3. c. Subdivision Applications 7.A.3. d. Rezoning Applications i. BROWN, H. Lot A, Section 22, Township 18, Range 9, W6M, KDYD, Plan 40543 located at 10 Valecairn Road [File No. 05-0582-F-RZ] - Development Services Information Report September 19, 2007 Moved by Director Halvorson Seconded by Director Field That, as recommended by the Electoral Area Services Committee, Rezoning Bylaw No. 2081, 2007 (Holly Brown) BE GIVEN FIRST and SECOND reading and be referred to PUBLIC HEARING, and further, that a COVENANT be registered on the title of the subject property as a condition precedent to bylaw adoption to prohibit the subdivision of more than one (1) lot from the property given the very limited lot frontage available to the property on Valecairn and Gunter Ellison Roads. ii. DOWN, H. c/o SHORTT, J. The SW ¼ of the NE ¼ of Sec. 20, Tp. 5, ODYD located at 7974 Silver Star Road [File No. 07-0597-C-RZ] - Development Services Information Report October 1, 2007 Moved by Director Field Seconded by Director Kanester That, as recommended by the Electoral Area Services Committee, the rezoning application for that property legally described as The SW ¼ of the NE ¼ of Sec. 20, Tp. 5, O.D.Y.D. located at 7974 Silver Star Road, Electoral Area 'C' BE SUPPORTED in principle, in accordance with the provisions of the Rural Vernon Official Community Plan to permit the applicant to subdivide the property into 7 Country Residential (C.R.) lots.
Regional Board (EAS) - 8 - October 16, 2007 It is recommended further that staff be directed to prepare the requisite rezoning bylaw (Bylaw No. 2264, 2007) to BE GIVEN FIRST and SECOND Reading, but that a PUBLIC HEARING on Bylaw No. 2264 not be held unless and until the owners have: 1. provided proof of water supply meeting the requirements of the Official Community Plan and the Regional District Subdivision Servicing Bylaw No. 726, 1986; 2. provided proof of suitable building sites on each proposed lot meeting the requirements of Section 310 of the Regional District Zoning Bylaw No. 1888, 2003; 3. provided a report from a Registered Professional Forester. The report must confirm that the property in question can be developed for the intended use in a manner that will protect the lives and property of future land owners in which the FireSmart manual must be followed. In this regard, the report must, amongst other things: provide for the construction of a water supply system meeting the requirements of either the Fire Underwriters Survey Guide Water Supply for Public Fire Protection, or the National Fire Protection Association (NFPA) 1142 Standard on Water Supplies for Suburban and Rural Fire Fighting. Alternately, the professional forester may provide for the development of a plan for a water supply system that will, in his opinion, provide domestic and fire protection water works meeting the requirements of the FireSmart manual. The water supply plan must be prepared by a professional engineer specializing in groundwater hydrology; and provide for the construction of on and off-site Access Routes meeting the requirements of the manual. The report must be approved by the Regional Fire Prevention Officer who may consult with the appropriate area Fire Chief. 4. provided a walkway connection from Silver Star Road through to Wallace Road to the satisfaction of GVS Parks, Recreation and Culture, and It is recommended further that prior to final adoption of Bylaw No. 2264 : A covenant shall be registered on the title of the subject property to include the following conditions if they are applicable to the proposed development: A prohibition of the subdivision of more than seven (7) Country Residential lots from the subject property; Restrictions on the location, number and types of buildings and structures if necessary pursuant to the above-mentioned report; To require the construction of an approved water supply system and on and off-site Access Routes as a condition precedent to subdivision approval; To include building and lot development restrictions using the FireSmart manual as the basis upon which the proposed lots are to be developed, both as conditions precedent to subdivision approval and building permit issuance. This must include the need to erect standard signage throughout the proposed development including
Regional Board (EAS) - 9 - October 16, 2007 standard address signs and directional signs on all lots and roads respectively that are involved in the development. The covenant must also contain a save harmless clause to protect the Regional District from liability due to the spread of fire through the interface area. 7.A.3. e. Official Community Plan (OCP) Amendment Applications 7.A.3. f. OCP / Rezoning Applications i. COOMBS, C. & C. West ½ of the North West ¼ of Section 12, Township 2, ODYD located at 164 Hurt Road [File No. 07-0567-D-OR] - Development Services Information Report September 24, 2007 Moved by Director Fairbairn Seconded by Director Foisy That staff be directed to prepare the necessary bylaw, to be brought forward at the next meeting, for first reading and referral to affected agencies for comment, and that prior to proceeding further, the applicant be required to hold a public information meeting. 7.A.3. g. Other Planning Matters i. Village of Lumby Boundary Extension Referral [Paragon Wood Products] Lot A, DL 161, ODYD, Plan 41447, located at Whitevale Road, Electoral Area D [File No. 07-0589-D-REF] - Development Services Information Report September 13, 2007 Moved by Director Fairbairn Seconded by Director Kanester That, as recommended by the Electoral Area Services Committee, the boundary extension of the property legally described as Lot A, District Lot 161, Osoyoos Division Yale District, Plan 41147 into the Village of Lumby BE SUPPORTED as the proposed boundary extension generally complies with the Industrial Land Use Policies contained in the Electoral Areas D and E Official Community Plan and the Municipal Annexation Policies of the Regional District of North Okanagan (Policy No. LU047). 7.A.4. Correspondence 7.A.5. Bylaws and Resolutions a. Rezoning Bylaw No. 2264, 2007 (Harold Down) Purpose: A bylaw to rezone that property legally described as "The South West 1/4 of the North East 1/4 of Section 20, Township 5, Osoyoos Division Yale District" and
Regional Board (EAS) - 10 - October 16, 2007 located at 7974 Silver Star Road, Electoral Area C from Non-Urban Zone [N.U.] to Country Residential Zone [C.R.]. - Report from Steve Noakes, Planner October 1, 2007 Rezoning Application - Bylaw No. 2264 - Rezoning Bylaw 2264,2007 (Harold Down) Moved by Director Field Seconded by Director Halvorson That Rezoning Bylaw No. 2264, 2007 (Down) BE GIVEN FIRST and SECOND reading. b. Rezoning Bylaw No. 2081, 2007 (Brown) Purpose: A bylaw to rezone that property legally described as Lot A, Section 22, Township 18, Range 9, W6M, K.D.Y.D., Plan 40543 - located at 10 Valecairn Road, Electoral Area 'F' from Non-Urban Zone [N.U.] to Country Residential Zone [C.R.]. - Report from Steve Noakes, Planner September 19, 2007 Rezoning Application - Bylaw No. 2081 - Rezoning Bylaw 2081, 2007 (Brown) Moved by Director Halvorson Seconded by Director Fairbairn That Rezoning Bylaw No. 2081, 2007 (Brown) BE GIVEN FIRST and SECOND reading, and be referred to a PUBLIC HEARING. c. Electoral Areas D and E Official Community Plan Amendment Bylaw 2206, 2007 A bylaw to amend Electoral Areas D and E Official Community Plan Designation Bylaw No. 1690, 2001 and amendments thereto. Purpose: A bylaw to amend the Official Community Plan marked Schedule 'B' attached to and forming part of the Electoral Areas 'D' and E' Official Community Plan Designation Bylaw No, 1690, 2001 by changing the designation of that property legally described as Lot 1, Sec. 17, Tp. 41, O.D.Y.D. Plan 30955 from Large Holdings [L.H.] to Country Residential [C.R.]. - Report from Steve Noakes, Planner - October 9, 2007 Bylaws No. 2206 and 2207 - Bylaw No. 2206, 2007 Moved by Director Fairbairn Seconded by Director Field That Official Community Plan Amendment Bylaw No. 2206, 2007 to amend the Official Community Plan marked Schedule 'B' attached to and forming part of the Electoral Areas 'D' and E' Official Community Plan Designation Bylaw No, 1690, 2001 by changing the designation of that property legally described as Lot 1, Sec. 17, Tp. 41, O.D.Y.D. Plan 30955 from Large Holdings [L.H.] to Country Residential [C.R.] BE GIVEN THIRD Reading, and that prior to adoption of Official Community Plan Amendment Bylaw No. 2206, 2007, a COVENANT be
Regional Board (EAS) - 11 - October 16, 2007 registered on the title of the property legally described as Lot 1, Sec. 17, Tp. 41, O.D.Y.D. Plan 30955 and located at 118 Harris Creek Road to prohibit a subdivision of more than three lots." d. Rezoning Bylaw No. 2207, 2007 (Martin) A bylaw to rezone lands and amend the Zoning Map attached to Zoning Bylaw No. 1888 to change a zone designation (Martin). Purpose: A bylaw to rezone that property legally described as Lot 1, Sec. 17, Tp. 41, O.D.Y.D. Plan 30955 from Large Holding Zone [LH] to Country Residential Zone [CR]. - Report from Steve Noakes, Planner - October 9, 2007 Bylaws No. 2206 and 2207 - Bylaw No. 2207, 2007 Moved by Director Fairbairn Seconded by Director Field That Rezoning Bylaw No. 2207, 2007 [Martin] to rezone that property legally described as Lot 1, Sec. 17, Tp. 41, O.D.Y.D. Plan 30955 from Large Holding Zone [L.H.] to Country Residential Zone [C.R.] BE GIVEN THIRD Reading, and that prior to adoption of Rezoning Bylaw No. 2207, 2007, a COVENANT be registered on the title of the property legally described as Lot 1, Sec. 17, Tp. 41, O.D.Y.D. Plan 30955 and located at 118 Harris Creek Road to prohibit a subdivision of more than three lots." 7.A.6. New and Unfinished Business 7.B. 7.C. 7.D. 7.E. Greater Vernon Services Enderby / Area F Services White Valley Parks and Recreation District Other Services PART 8 REGIONAL MATTERS PART 9 CORPORATE MATTERS 9.1 Reports 9.2 Correspondence PART 10 IN CAMERA PART 11 MATTERS ARISING FROM IN CAMERA MEETING PART 12 ADJOURNMENT
Regional Board (EAS) - 12 - October 16, 2007 Moved by Director Field Seconded by Director Halvorson There being no further business, the meeting adjourned at 1:05 p.m. Certified correct: