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REGULAR AGENDA - Regional District of North Okanagan

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REGIONAL DISTRICT OF NORTH OKANAGAN<br />

ELECTORAL AREA ADVISORY COMMITTEE MEETING<br />

Thursday, December 8, 2011<br />

10:30 am<br />

<strong>REGULAR</strong> <strong>AGENDA</strong><br />

A. APPROVAL OF <strong>AGENDA</strong><br />

1. Regular Agenda – December 8, 2011<br />

(Opportunity for Introduction <strong>of</strong> Late Items)<br />

(Opportunity for Introduction <strong>of</strong> Late Items – In Camera Agenda)<br />

RECOMMENDATION 1<br />

That the Agenda <strong>of</strong> the December 8, 2011 Electoral Area Advisory Committee<br />

meeting be approved as presented.<br />

B. ADOPTION OF MINUTES<br />

1. Electoral Area Advisory Committee – November 3, 2011<br />

RECOMMENDATION 2 Page 1<br />

That the minutes <strong>of</strong> the November 3, 2011 Electoral Area Advisory Committee<br />

Meeting be adopted as circulated.<br />

C. PETITIONS AND DELEGATIONS<br />

1. Waiver <strong>of</strong> Lot Frontage Application<br />

FORSLUND, Linda c/o J.R. Shortt<br />

(See item F.2)<br />

2. Waiver <strong>of</strong> Lot Frontage Application<br />

CULLEN, Glen and Carrie c/o Richard and Irene Montgomery<br />

(See item F.3)<br />

D. REPORTS<br />

1. Advisory Planning Commission Meetings<br />

RECOMMENDATION 3 Page 6<br />

That the minutes <strong>of</strong> the following Advisory Planning Commission meetings be<br />

received for information:<br />

a. Electoral Area "C" – Meeting <strong>of</strong> November 30, 2011 (to be distributed at<br />

meeting)<br />

b. Electoral Area "F" – Meeting <strong>of</strong> November 21, 2011<br />

2. Eagle Pass Heliskiing Referral


Electoral Area Advisory Committee<br />

Agenda – Regular - 2 - December 8, 2011<br />

[File No. 11-0614-E-REF]<br />

- Commercial Tenure Amendment and Management Plan dated October 6, 2011<br />

RECOMMENDATION 4 Page 9<br />

That the referral dated October 6, 2011 from Eagle Pass Heliskiing c/o Front Counter<br />

BC regarding the proposed Commercial Tenure Amendment and Management Plan<br />

be received for information.<br />

E. UNFINISHED BUSINESS<br />

F. NEW BUSINESS<br />

1. Bylaw 2485 - Electoral Areas "D" & "E" Official Community Plan<br />

- Staff report dated November 22, 2011<br />

RECOMMENDATION 5 Page 42<br />

That it be recommended to the Board <strong>of</strong> Directors that Electoral Areas “D” & “E”<br />

Official Community Plan Bylaw No. 2485, 2011 be amended to include the changes<br />

outlined in Attachment 2, “Referral Comments and Public Feedback” <strong>of</strong> the report<br />

dated November 22, 2011 from the Sustainability Coordinator; and further,<br />

That it be recommended that Electoral Areas “D” & “E” Official Community Plan<br />

Bylaw No. 2485, 2011 be given Second Reading, as amended, and referred to<br />

Public Hearing.<br />

2. Waiver <strong>of</strong> Lot Frontage Application<br />

FORSLUND, Linda c/o J.R. Shortt [File No. 11-0205-E-SUB]<br />

- Staff report dated November 16, 2011<br />

RECOMMENDATION 6 Page 168<br />

That the memorandum from the Planning Department dated November 16, 2011<br />

regarding Waiver <strong>of</strong> Lot Frontage Application for the property legally described as Lot<br />

3, Sec 27, Twp 45, ODYD, Plan KAP91514 and located at 1404 Highway 6, Electoral<br />

Area “E” be received for information; and further,<br />

DIRECTION REQUESTED<br />

The Electoral Area Advisory Committee is requested to choose one <strong>of</strong> the following<br />

options:<br />

That it be recommended to the Board <strong>of</strong> Directors that the 10% minimum lot frontage<br />

requirement <strong>of</strong> Section 803.7 <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Zoning<br />

Bylaw No. 1888, 2003 BE WAIVED for the property legally described as Lot 3, Sec<br />

27, Twp 45, ODYD, Plan KAP91514 and located at 1404 Highway 6, Electoral Area<br />

“E” by reducing the lot frontage <strong>of</strong> proposed Lot A from 174.47 metres to 132.88<br />

metres as shown on the site plan attached to the Planning Department report dated<br />

November 16, 2011.<br />

Or


Electoral Area Advisory Committee<br />

Agenda – Regular - 3 - December 8, 2011<br />

That it be recommended to the Board <strong>of</strong> Directors that the 10% minimum frontage<br />

requirement <strong>of</strong> Section 803.7 <strong>of</strong> the RDNO Zoning Bylaw No. 1888, 2003 NOT BE<br />

WAIVED for the property legally described as Lot 3, Sec 27, Twp 45, ODYD, Plan<br />

KAP91514 and located at 1404 Highway 6, Electoral Area “E”.<br />

3. Waiver <strong>of</strong> Lot Frontage Application<br />

CULLEN, Glen and Carrie c/o Richard and Irene Montgomery<br />

[File No. 11-0613-F-WVR]<br />

- Staff report dated November 16, 2011<br />

RECOMMENDATION 7 Page 173<br />

That the memorandum from the Planning Department dated November 16, 2011<br />

regarding Waiver <strong>of</strong> Lot Frontage Application for the properties legally described as<br />

Lots 1 and 3, Sec 3, Twp 19, R9, W6M, KDYD, Plan KAP74661 and located at 227<br />

and 229 Glenmary Road, Electoral Area ‘F’ be received for information; and further,<br />

DIRECTION REQUESTED<br />

The Electoral Area Advisory Committee is requested to choose one <strong>of</strong> the following<br />

options:<br />

That it be recommended to the Board <strong>of</strong> Directors that the 10% minimum frontage<br />

requirement <strong>of</strong> Section 802.7 <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Zoning<br />

Bylaw No. 1888, 2003 BE WAIVED for the properties legally described as Lots 1 and<br />

3, Sec 3, Twp 19, R9, W6M, KDYD, Plan KAP74661 and located at 227 and 229<br />

Glenmary Road, Electoral Area ‘F’ by reducing the lot frontage <strong>of</strong> proposed Lot 3<br />

from 170.7 metres to 23.3 metres and proposed Lot 1 from 94.07 metres to 84.32<br />

metres as shown on the site plan attached to the Planning Department report dated<br />

November 16, 2011.<br />

Or<br />

That it be recommended to the Board <strong>of</strong> Directors that the 10% minimum frontage<br />

requirement <strong>of</strong> Section 802.7 <strong>of</strong> the RDNO Zoning Bylaw No. 1888, 2003 NOT BE<br />

WAIVED for the properties legally described as Lots 1 and 3, Sec 3, Twp 19, R9,<br />

W6M, KDYD, Plan KAP74661 and located at 227 and 229 Glenmary Road, Electoral<br />

Area ‘F’.<br />

4. Agricultural Land Commission Application<br />

COOKE, Robert and Leslie [File No. 11-0472-F-ALR]<br />

- Staff report dated September 21, 2011<br />

RECOMMENDATION 8 Page 181<br />

That it be recommended to the Board <strong>of</strong> Directors that the application <strong>of</strong> Robert and<br />

Leslie Cooke under Section 21(2) <strong>of</strong> the Agricultural Land Commission Act to<br />

subdivide the property legally described as The NE ¼ <strong>of</strong> Sec 26, Twp 18, R8, W6M,<br />

KDYD, Except Plans 6432, B11041, 31145, H13556 and KAP45812, located at 69<br />

Ashton Cooke Road, Electoral Area ‘F’ not be authorized for submission to the<br />

Agricultural Land Commission pursuant to Section 25(3) <strong>of</strong> the Agricultural Land<br />

Commission Act.


Electoral Area Advisory Committee<br />

Agenda – Regular - 4 - December 8, 2011<br />

5. Agricultural Land Commission Application<br />

WIFFEN, Arlene [File No. 11-0507-C-ALR]<br />

- Staff report dated November 17, 2011<br />

RECOMMENDATION 9 Page 193<br />

That it be recommended to the Board <strong>of</strong> Directors that the application to deposit fill<br />

under Section 20(3) <strong>of</strong> the Agricultural Land Commission Act on the property legally<br />

described as Lot 16, Sec 36, Twp 9, ODYD, Plan 411 and located at 1788 Francis<br />

Street, Electoral Area ‘C’ be authorized for submission to the Agricultural Land<br />

Commission.<br />

6. Shuswap River Watershed Sustainability Plan<br />

- Staff report dated November 21, 2011<br />

RECOMMENDATION 10 Page 200<br />

That the report dated November 21, 2011 from the Sustainability Coordinator<br />

regarding the Shuswap River Watershed Sustainability Plan be received for<br />

information; and further,<br />

That it be recommended to the Board <strong>of</strong> Directors that the Shuswap River<br />

Watershed Sustainability Plan Preliminary Issue Identification Paper be endorsed to<br />

inform Phase II <strong>of</strong> the planning process.<br />

7. Building Department Review Project<br />

- Staff report dated November 28, 2011<br />

OPTIONS FOR CONSIDERATION Page 214<br />

The following are staff recommendations for resolution <strong>of</strong> the Building Department<br />

funding problem:<br />

1. That taxation be used to fund a portion <strong>of</strong> the Building Department budget to a<br />

maximum <strong>of</strong> $200,000 in 2012; and further,<br />

2. That a refundable surcharge be implemented as part <strong>of</strong> the fee schedule within<br />

the Building Bylaw; and further,<br />

3. That the Notice on Title fee be increased to reflect the full cost <strong>of</strong> the Notice on<br />

Title process and further,<br />

4. That the remainder <strong>of</strong> the recommendations from the Building Department<br />

Review Project Report dated April 27, 2011 be considered in 2012 for<br />

effectiveness and cost efficiency <strong>of</strong> the Building Department.


Electoral Area Advisory Committee<br />

Agenda – Regular - 5 - December 8, 2011<br />

8. Natural Resource Road Act<br />

- Letter dated October 26, 2011 from UBCM<br />

FOR DISCUSSION Page 221<br />

9. Illegal Dumping - Sugar Lake Campsite<br />

- Staff e-mail<br />

FOR DISCUSSION Page 224<br />

10. O’Keefe Ranch Watermain Extension<br />

RECOMMENDATION 11<br />

That the <strong>of</strong>fer <strong>of</strong> financial assistance towards the O’Keefe Ranch water connection<br />

fees ($1,500 from Electoral Area “B” discretionary fund and $1,000 from Electoral<br />

Area “C” discretionary fund) be withdrawn if O’Keefe Ranch has not met the<br />

outstanding conditions by January 31, 2012, namely:<br />

• Signing <strong>of</strong> the Greater Vernon Water Terms and Conditions; and<br />

• Securing the Easement in favour <strong>of</strong> Greater Vernon Water through private land.<br />

11. <strong>North</strong> <strong>Okanagan</strong> Jaws <strong>of</strong> Life Coordination Understanding<br />

- Staff report dated November 9, 2011<br />

RECOMMENDATION 12 Page 225<br />

That it be recommended to the Board <strong>of</strong> Directors that the Memorandum <strong>of</strong><br />

Understanding referred to as <strong>North</strong> <strong>Okanagan</strong> Jaws <strong>of</strong> Life Coordination<br />

Understanding be endorsed.<br />

12. Vernon / <strong>North</strong> <strong>Okanagan</strong> Safe Communities Unit<br />

- Report dated November 28, 2011<br />

- November 2011 SpeedWatch report<br />

- BlockWatch Program report dated November 28, 2011<br />

RECOMMENDATION 13 Page 228<br />

That the reports dated November 28, 2011 from the Vernon / <strong>North</strong> <strong>Okanagan</strong><br />

Detachment – Safe Communities Unit be received for information.<br />

G. IN CAMERA<br />

RECOMMENDATION 14<br />

That, pursuant to Section 92 <strong>of</strong> the Community Charter, the regular meeting <strong>of</strong> the<br />

Electoral Area Advisory Committee convene In Camera to deal with matters deemed<br />

closed to the public in accordance with Section 90(1)(e) <strong>of</strong> the Community Charter.


Electoral Area Advisory Committee<br />

Agenda – Regular - 6 - December 8, 2011<br />

H. REPORT FROM IN CAMERA<br />

I. ADJOURNMENT


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item B.1<br />

REGIONAL DISTRICT OF NORTH OKANAGAN<br />

MINUTES <strong>of</strong> a <strong>REGULAR</strong> meeting <strong>of</strong> the ELECTORAL AREA ADVISORY COMMITTEE held<br />

in the Board Room at the <strong>Regional</strong> <strong>District</strong> Office on Thursday, November 3, 2011<br />

Members: Director R. Fairbairn Electoral Area "D" Chair<br />

Director E. Foisy Electoral Area "E" Vice Chair<br />

Director M. Gavinchuk Electoral Area "B"<br />

Director M. Macnabb Electoral Area “C”<br />

Alt. Director B. Cowan Electoral Area “F”<br />

Staff: L. Mellott General Manager, Electoral Area Administration<br />

G. Routley Deputy Planning Manager<br />

L. Frank Sustainability Coordinator / Planning Technologist<br />

(Temporary)<br />

L. Schrauwen Clerk, Electoral Area Administration / Human<br />

Resources (taking minutes)<br />

Others:<br />

Public<br />

CALL MEETING TO ORDER<br />

The Chair called the meeting to order at 10:30 a.m.<br />

APPROVAL OF <strong>AGENDA</strong><br />

Regular Agenda – November 3, 2011<br />

Moved and seconded by Directors Macnabb and Gavinchuk<br />

That the Agenda <strong>of</strong> the November 3, 2011 Electoral Area Advisory Committee meeting be<br />

approved as presented.<br />

CARRIED<br />

ADOPTION OF MINUTES<br />

Electoral Area Advisory Committee – October 6, 2011<br />

Moved and seconded by Directors Macnabb and Foisy<br />

That the minutes <strong>of</strong> the October 6, 2011 Electoral Area Advisory Committee Meeting be<br />

adopted as circulated.<br />

CARRIED<br />

PETITIONS AND DELEGATIONS<br />

Official Community Plan / Rezoning Application<br />

METCALFE, David and Deanna c/o Tim and Dawn Wierzbicki<br />

David and Deanna Metcalfe as well as Tim and Dawn Wierzbicki were present to answer<br />

possible questions.<br />

Page 1 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item B.1<br />

Electoral Area Advisory Committee<br />

Minutes – Regular - 2 - November 3, 2011<br />

Development Permit Application<br />

SEMINUTIN, Valery and Tammy<br />

Valery Seminutin spoke in support <strong>of</strong> the application.<br />

Development Permit with Variance Application<br />

PURSER, Stephen and Yvonne<br />

No one was present to speak to this application.<br />

REPORTS<br />

Advisory Planning Commission Meetings<br />

Moved and seconded by Alternate Director Cowan and Director Foisy<br />

That the minutes <strong>of</strong> the following Advisory Planning Commission meetings be received for<br />

information:<br />

- Electoral Area "C" – Meeting <strong>of</strong> October 26, 2011<br />

- Electoral Area "F" – Meeting <strong>of</strong> October 17, 2011<br />

CARRIED<br />

Vernon / <strong>North</strong> <strong>Okanagan</strong> Safe Communities Unit<br />

Moved and seconded by Directors Macnabb and Gavinchuk<br />

That the report dated October 24, 2011 from the Vernon / <strong>North</strong> <strong>Okanagan</strong> Detachment – Safe<br />

Communities Unit be received for information.<br />

CARRIED<br />

The GM, Electoral Area Administration was requested to confirm with the Crime Prevention<br />

Coordinator as to the number <strong>of</strong> people in each electoral area who belong to a Blockwatch<br />

Program.<br />

NEW BUSINESS<br />

Bylaw 2484 – Kingfisher Local Area Plan<br />

Moved and seconded by Alternate Director Cowan and Director Macnabb<br />

That it be recommended to the Board <strong>of</strong> Directors that Bylaw No. 2484, 2011 being the<br />

Kingfisher Local Area Plan, be amended to include the changes outlined in Attachment 2,<br />

“Referral Comments and Public Feedback”; and further,<br />

That it be recommended that the Kingfisher Local Area Plan, Bylaw No. 2484, 2011 be given<br />

Second Reading, as amended and referred to Public Hearing; and further,<br />

That the Public Hearing be delegated to the Electoral Area Advisory Committee; and further,<br />

That staff be directed to set a date for the Public Hearing far enough in advance to ensure wide<br />

spread community notification.<br />

CARRIED<br />

Page 2 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item B.1<br />

Electoral Area Advisory Committee<br />

Minutes – Regular - 3 - November 3, 2011<br />

Discussion ensued regarding seasonal residents and how their opinions are integrated into the<br />

Kingfisher Local Area Plan. It was noted that the Board <strong>of</strong> Directors receives input through the<br />

Public Hearing process. The Code <strong>of</strong> Conduct item in the Kingfisher Local Area Plan was<br />

discussed with regard to seasonal residents and tourists.<br />

Discussion took place regarding how the Kingfisher Local Area Plan integrates with other<br />

planning documents. It was noted that the Kingfisher Local Area Plan will be an appendix to the<br />

Electoral Area “F” Official Community Plan, and it was developed concurrent with the <strong>Regional</strong><br />

Growth Strategy.<br />

Official Community Plan / Rezoning Application<br />

METCALFE, David and Deanna c/o Tim and Dawn Wierzbicki [File No.10-0773-F-OR]<br />

Moved and seconded by Alternate Director Cowan and Director Macnabb<br />

That it be recommended to the Board <strong>of</strong> Directors that the application to amend the Electoral<br />

Area “F” Official Community Plan land use designation and the zoning <strong>of</strong> the properties legally<br />

described as Lot 1 & 2, Sec 15, Twp 20, R8, W6M, KDYD, Plan 35737, and located at 75 & 57<br />

Parsons Road, Electoral Area ‘F’ from Country Residential to Small Holdings be supported and<br />

staff be directed to prepare an Official Community Plan Amendment Bylaw for First Reading<br />

only; and further,<br />

That the applicant be required to hold a Public Information Meeting in accordance with the<br />

Public Information Meeting Guide, prior to consideration <strong>of</strong> bylaws for further readings.<br />

CARRIED<br />

Development Permit Application<br />

SEMINUTIN, Valery and Tammy [File No. 11-0433-C-DP]<br />

Moved and seconded by Directors Macnabb and Foisy<br />

That it be recommended to the Board <strong>of</strong> Directors that an exemption to Section 1701.3.b.ii <strong>of</strong><br />

the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Zoning Bylaw No. 1888, 2003 be approved for the<br />

property legally described as Lot B, Sec 35, Twp 9, ODYD, Plan 33375 and located at 915<br />

Pottery Road, Electoral Area ‘C’ to permit the floodplain setback <strong>of</strong> an accessory residential<br />

building to be reduced from 15 m to 10 m as shown on the site plan attached to the Planning<br />

Department Report dated October 12, 2011 and subject to a Section 219 Covenant being<br />

registered on the title <strong>of</strong> the subject property which saves harmless the <strong>Regional</strong> <strong>District</strong> from<br />

any damages that may be caused by flooding; and further,<br />

That a Development Permit be issued for the property legally described as Lot B, Sec 35, Twp<br />

9, ODYD, Plan 33375 and located at 915 Pottery Road, Electoral Area ‘C’ subject to:<br />

1. The dimensions and siting <strong>of</strong> the accessory residential building to be constructed on the<br />

land be in general accordance with the site plan attached to the Planning Department<br />

Report dated October 12, 2011;<br />

2. Land within 15 m <strong>of</strong> the natural boundary <strong>of</strong> Hog Gulch Creek must remain free <strong>of</strong><br />

development with the exception <strong>of</strong> fencing, works and plantings to control erosion, protect<br />

banks, protect fisheries or waterfowl habitat or otherwise preserve and enhance the creek<br />

and associated habitats and except as permitted under the Riparian Areas Regulation.<br />

CARRIED<br />

Page 3 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item B.1<br />

Electoral Area Advisory Committee<br />

Minutes – Regular - 4 - November 3, 2011<br />

Development Permit with Variance Application<br />

PURSER, Stephen and Yvonne [File No. 11-0274-F-DP]<br />

Moved and seconded by Alternate Director Cowan and Director Gavinchuk<br />

That it be recommended to the Board <strong>of</strong> Directors that upon consideration <strong>of</strong> input from adjacent<br />

landowners, a Development Permit with Variance be issued for the property legally described as<br />

South 10 Chains <strong>of</strong> the Fractional W ½ <strong>of</strong> the SE ¼ <strong>of</strong> Sec 27, Twp 20, R8, W6M, KDYD,<br />

Except Plans 26399, H809, and KAP76653 and located at 8259 Highway 97A, Electoral Area<br />

“F” to vary Sections 1101.2.e and 1201.6.d <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Zoning<br />

Bylaw No. 1888, 2003 by waiving the requirement to pave a commercial parking and loading<br />

area subject to the following conditions:<br />

1. The dimensions and siting <strong>of</strong> buildings on the land be in general accordance with the site<br />

plan and building elevations attached to and forming part <strong>of</strong> Planning Department<br />

Information Report dated September 21, 2011;<br />

2. No natural vegetation shall be removed or degraded within a horizontal distance <strong>of</strong> 15 m<br />

from the natural boundary <strong>of</strong> Rogers Creek nor shall any development occur which will<br />

preclude growth <strong>of</strong> natural vegetation except in accordance with the written permission <strong>of</strong><br />

Fisheries and Oceans Canada and the Ministry <strong>of</strong> Environment;<br />

3. No building or structure or any part there<strong>of</strong>, including any fixed equipment may be<br />

constructed, reconstructed, moved, extended or located, nor should any landfill, land<br />

clearing or other disturbance take place within a horizontal distance <strong>of</strong> 15 metres from the<br />

natural boundary <strong>of</strong> Rogers Creek;<br />

4. Any clearing and/or excavation or fill done on the subject property should be completed in<br />

such a manner as to ensure that sediment, concrete washwater, leachates or any other<br />

substance <strong>of</strong> any type that may be deleterious to aquatic life should not be deposited into<br />

Rogers Creek and/or adjacent flood channels via ditches, storm sewers or overland flow,<br />

and all construction and excavation wastes, overburden, soil or any other substances that<br />

may be deleterious to aquatic life should be disposed <strong>of</strong> or placed in such a manner as to<br />

prevent their entry into Rogers Creek;<br />

5. A means <strong>of</strong> sewage disposal that does not discharge directly into Rogers Creek must be<br />

installed. The applicant must provide evidence that the filings required by the Sewerage<br />

System Regulation under the Health Act have been made, or that a holding tank permit has<br />

been issued, or that treated sewage effluent will be disposed <strong>of</strong> in accordance with the<br />

Environmental Management Act;<br />

6. A storm water management plan must be prepared by a pr<strong>of</strong>essional engineer to provide for<br />

the control <strong>of</strong> run-<strong>of</strong>f from any parking areas, internal roadways, and buildings during and<br />

after the period <strong>of</strong> construction <strong>of</strong> any buildings. Storm water outlet facilities should not be<br />

installed directly into Rogers Creek or into a tributary watercourse, drainage ditch or gully<br />

except where a stormwater renovation system is being implemented. Storm water<br />

management systems should be consistent with the "Land Development Guidelines for the<br />

Protection <strong>of</strong> Aquatic Habitats" (Ministry <strong>of</strong> Water, Land and Air Protection and Department<br />

<strong>of</strong> Fisheries and Oceans, 1992), and may require approval by the Department <strong>of</strong> Fisheries<br />

and Oceans and/or the Ministry <strong>of</strong> Environment. The storm water management plan should<br />

also be consistent with the document titled Stormwater Planning: A Guide for BC;<br />

7. The driveway, parking and loading area shall be graded to provide an even surface, be<br />

drained so that no surface water accumulates thereon or runs <strong>of</strong>f onto any sidewalk, or runs<br />

<strong>of</strong>f onto any highway and that the surface shall be kept free <strong>of</strong> weeds, and shall be<br />

gravelled, treated to suppress dust and have access to and from highways as approved by<br />

the Ministry <strong>of</strong> Transportation and Infrastructure where applicable.<br />

CARRIED<br />

Page 4 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item B.1<br />

Electoral Area Advisory Committee<br />

Minutes – Regular - 5 - November 3, 2011<br />

IN CAMERA<br />

Moved and seconded by Directors Macnabb and Gavinchuk<br />

That, pursuant to Section 92 <strong>of</strong> the Community Charter, the regular meeting <strong>of</strong> the Electoral<br />

Area Advisory Committee convene In Camera to deal with matters deemed closed to the public<br />

in accordance with Section 90(1)(f) <strong>of</strong> the Community Charter.<br />

The regular meeting <strong>of</strong> the Electoral Area Advisory Committee adjourned to meet In Camera at<br />

11:11 p.m.<br />

The regular meeting <strong>of</strong> the Electoral Area Advisory Committee reconvened at 11:42 a.m.<br />

ADJOURNMENT<br />

There being no further business the meeting was adjourned at 11:51 a.m.<br />

Certified Correct:<br />

Chair<br />

Corporate Officer<br />

Page 5 <strong>of</strong> 232


1<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.1<br />

REGIONAL DISTRICT OF NORTH OKANAGAN<br />

MINUTES <strong>of</strong> the <strong>REGULAR</strong> meeting <strong>of</strong> the Advisory Planning Commission<br />

Electoral Area ‘F’ held in the Board Room at the Enderby Fire Hall on<br />

MONDAY, November 21, 2011.<br />

MEMBERS:<br />

Keith Gray, Chairperson<br />

Dale Fennell, Vice Chairperson<br />

Bob Honeyman<br />

Diane Larsen<br />

Tilman Nahm<br />

Robert Whitley<br />

Herman Halvorson, Director<br />

OTHERS PRESENT: Gail Murphy, Recording Secretary<br />

GUESTS: Jackie Pearase, Incoming Director, Leslie & Robert Cooke<br />

Keith Gray, Chairperson, called the meeting to order at 6:56 PM.<br />

A. ADOPTION OF MINUTES:<br />

Moved by Tilman Nahm<br />

Seconded by Dale Fennell<br />

“That the Minutes <strong>of</strong> the October 17, 2011 regular meeting <strong>of</strong> the Advisory<br />

Planning Commission Electoral Area “F” APC be adopted as circulated.”<br />

CARRIED<br />

Moved by Bob Honeyman<br />

Seconded by Diane Larsen<br />

“That the agenda order be changed from D New Business to C and C Unfinished<br />

Business to D.”<br />

CARRIED<br />

Keith Gray led the Introduction <strong>of</strong> the APC Committee and Guests to each other.<br />

B. PETITION AND DELEGATIONS:<br />

1. Agricultural Land Commission Application<br />

R. & L. Cooke<br />

(File No. 11-0472-F-ALR<br />

PETITION:<br />

a. Robert Cooke is asking to have 5 acres taken <strong>of</strong>f <strong>of</strong> the 62 acres.<br />

b. The land has been in the family name since 1902 but due to illness <strong>of</strong><br />

his wife, the property has become too much for them so they want to<br />

subdivide the 5 acres to build a house and <strong>of</strong>fer their children to buy the<br />

rest <strong>of</strong> the farm.<br />

c. The land that is proposed for subdivision is divided by a swampy area,<br />

gravel pit and hillside with the possibility <strong>of</strong> 1 to 2 ½ acres <strong>of</strong> the 5<br />

acres could be farm land.<br />

Page 6 <strong>of</strong> 232<br />

1


2<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.1<br />

C. NEW BUSINESS:<br />

1. Agricultural Land Commission Application<br />

R. & L. Cooke<br />

(File No. 11-0472-F-ALR<br />

Moved by Dale Fennell<br />

Seconded by Tilman Nahm<br />

“That the APC accept the recommendations <strong>of</strong> Development Services to not be<br />

authorized for submission to the Agricultural Land Commission pursuant to<br />

Section 25(3) <strong>of</strong> the Agricultural Land Commission Act.”<br />

Discussion:<br />

a. Dale stated he has concerns for the water from the Edwin Stream as he<br />

has water rights on it along with three others. Dale stated the Creek has<br />

never dried up but the volume <strong>of</strong> the creek has diminished somewhat in<br />

the last two years. He is concerned with any further development on the<br />

property that might occur in that swampy area as it could impact the flow <strong>of</strong><br />

the stream. Page 9 (5) addresses the stream and the water licenses along<br />

with concerns and guidelines. Page 7, under planning stated that a portion<br />

was subdivided (KAP45812) from the subject property (H13550 – NE1/4)<br />

in 1991. Dale says the water is critical to the adjacent properties with water<br />

licenses from Edwin stream.<br />

b. Tilman Nahm viewed the property and is concerned with the possibility <strong>of</strong><br />

septic pollution entering that water course.<br />

CARRIED<br />

D. Unfinished Business<br />

1. Rezoning/OCP Amendment Application<br />

T. & J. ZUMMAC<br />

(File No. 09-0489-F-OR)<br />

- Bylaw 2425<br />

- Bylaw 2426<br />

After some discussion, while waiting for a telephone conference from Planning it<br />

was:<br />

Moved by Tilman Nahm<br />

Seconded by Dale Fennell<br />

“That the APC table this application to a later date for further information from the<br />

Planning Department by speaker phone or a personal visit.”<br />

E. ADJOURNMENT:<br />

“There being no further business, the meeting adjourned at 7:55 P.M.”<br />

Next Area “F” APC meeting will be held on December 19, 2011 in the Fire Hall.<br />

Page 7 <strong>of</strong> 232<br />

2


3<br />

Certified Correct:<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.1<br />

_______________________________<br />

Chair<br />

__________________________<br />

Secretary<br />

Page 8 <strong>of</strong> 232<br />

3


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Eagle Pass Heliskiing<br />

Commercial Tenure Amendment<br />

And<br />

Management Plan<br />

October 2011<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

Page | 1<br />

Page 9 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

General Overview <strong>of</strong> Business<br />

o Eagle Pass Heliskiing current operating tenure is 102 km long running<br />

north and south along the western side <strong>of</strong> the Monashee Mountains.<br />

Revelstoke is situated in approximately the mid point <strong>of</strong> the tenure. Our<br />

main base <strong>of</strong> operation is 20 km south <strong>of</strong> Revelstoke at Mulvehill Creek<br />

Wilderness Lodge. We also operate out <strong>of</strong> Silver Star Mountain Resort,<br />

and Sparkling Hill Wellness Hotel both just outside <strong>of</strong> Vernon, B.C. This<br />

will be our first winter operating our regular program from Echo Bay<br />

Lodge.<br />

o We <strong>of</strong>fer lodge based, small group Heliskiing to our clients which<br />

specializes in a personalized boutique ski vacations that skiers can enjoy<br />

from around the world.<br />

o Eagle Pass Heliskiing has relocated it’s main lodge in part due to a loss in<br />

overlap tenure with CMH and is looking to secure poor weather skiing<br />

close to Echo Bay Lodge at Mulvehill Creek Lodge<br />

Objective <strong>of</strong> Tenure Amendment Application<br />

The objective <strong>of</strong> this application is to apply for the additional areas outlined in red on the<br />

overview map to augment and improve Eagle Pass’s current operation. This is required<br />

due to relocation <strong>of</strong> the base lodge and expansion <strong>of</strong> the operation. Another part <strong>of</strong> the<br />

<strong>of</strong> the expansion is a result <strong>of</strong> new partnerships with nearby resorts; Silver Star<br />

Mountain Resort and Sparkling Hill Resort nearby Vernon, B.C. The areas include:<br />

o Begbie Polygon: approx 5 km west <strong>of</strong> Revelstoke<br />

o South Cranberry Polygon: approx 30 km SW <strong>of</strong> Revelstoke near the weat<br />

shore <strong>of</strong> Upper Arrow Lake<br />

o Vidler Polygon: Due east <strong>of</strong> Cherryville and Sugar Lake<br />

o Mabel Shoulder Polygon: east <strong>of</strong> Kingfisher on N side <strong>of</strong> Tsuis Creek<br />

o Simard Creek Polygon: east <strong>of</strong> Kingfisher on S side <strong>of</strong> Tsuis Creek<br />

o Nelson Polygon: between Mabel Lake and the Shuswap Lake<br />

o Silver Star Polygon: NE <strong>of</strong> Silver Star Mountain Resort<br />

o Bews Polygon: between Anstey Arm and Lake Revelstoke in Perry River<br />

drainage<br />

o Griffin Polygin: west <strong>of</strong> 3 Valley Gap and adjoins existing EPH poylgons to<br />

the east and west. To the SE it borders Mt Griffin Park.<br />

Key Areas <strong>of</strong> Concern<br />

o Key areas <strong>of</strong> concern include environmental values, public and<br />

commercial interests in the proposed areas. Red and blue listed species<br />

and EPH’s potential impacts on them are <strong>of</strong> particular concern. EPH has<br />

an existing environmental management plan that should address the<br />

majority <strong>of</strong> the environmental issues.<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

Page | 2<br />

Page 10 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Section 1: Description <strong>of</strong> the Operation & Activities Offered<br />

1.1 General Description <strong>of</strong> Operation<br />

1.1.1 General Area<br />

Our operating tenure is in the <strong>North</strong> Central Monashee Mountains north and south <strong>of</strong><br />

the Trans Canada Highway between Revelstoke and Sicamous. It is on the west side <strong>of</strong><br />

the height <strong>of</strong> land <strong>of</strong> the Monashee Range. It encompasses approximately 101,400<br />

hectares.<br />

Two new proposed polygons (Begbie and South Cranberry) are west and south <strong>of</strong><br />

Revelstoke and drain into the Columbia River watershed. These two polygons are in<br />

close proximity to our new lodge located 18 km south <strong>of</strong> Revelstoke, which will serve as<br />

necessary poor weather skiing.<br />

More polygons are in between Silver Star Mountain Resort and our existing tenure to<br />

provide jump runs enroute from Silver Star Mountain or Sparkling Hill Resort near<br />

Vernon, B.C.<br />

1.1.2 Base Operation<br />

Base Operation<br />

Mulvehill Creek Wilderness Lodge, Revelstoke, B.C.<br />

o Regular ski program with 3 groups using A-star<br />

o Day ski program from Revelstoke, 3 groups in A-Star<br />

o Total skier day potential 1800<br />

Mulvehill Creek Wilderness Lodge is ideally situated for operating in the south and mid<br />

parts <strong>of</strong> EPH current tenure. It is located 18 km south <strong>of</strong> Revelstoke <strong>of</strong>f <strong>of</strong> hwy #23 and<br />

along the shores <strong>of</strong> the Columbia River. From here, we will also be able to shuttle<br />

guests west on Hwy 1 or towards Mica Dam in order to access the northern tenure<br />

area. Mulvehill Creek Lodge is using 100% micro hydro energy.<br />

Other Lodging<br />

Sparkling Hill Wellness Hotel, Vernon B.C.<br />

o Private Ski Lodge<br />

o Exclusive private ski program using Bell 407 (guide and tail guide)<br />

o Total skier day potential 280-540<br />

Sparkling Hill Resort is located 18 km south <strong>of</strong> Vernon, B.C. <strong>of</strong>f hwy #97.<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

Page | 3<br />

Page 11 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Silver Star Mountain Resort, Vernon B.C.<br />

o Day ski semi private program<br />

o Private and semi private program using B2 A-Star<br />

o Total skier day potential 280-540<br />

Eagle Pass Heliskiing is commencing day ski operations from Silver Star Mountain<br />

Resort this December. Silver Star Mountain Resort is located 36 km to the southwest <strong>of</strong><br />

EPH southern tenure boundary which is along the NE side <strong>of</strong> Mabel Lake.<br />

1.1.3 Improvements<br />

o 2 new Enviro Tanks for remote fuel caches<br />

1.1.4 Access<br />

1.1.5 Staff<br />

o Most guests skiing with Eagle Pass Heliskiing fly to and from Kelowna<br />

International Airport and use ground shuttle or heli transfer to the<br />

respective lodges – all located on private land. Ground transfer is 2.5<br />

hours using highway 97 N and then on the TransCanada to Revelstoke. If<br />

there are highway closures, the ground shuttle will be through highway 6<br />

in Vernon to Nakusp and then north to Revelstoke. EPH does <strong>of</strong>fer heli<br />

transfer direct from Kelowna International Airport.<br />

Staff Category # <strong>of</strong> Employees Experience and/or Certificates<br />

Lead Guide 6 UIAGM/ACMG Full Certificate or<br />

Equivalent<br />

Guide 8 ACMG/CSGA assistant<br />

Office<br />

2 full time/ 1 part<br />

Lodge Staff 10-12 N/A<br />

Total Staff<br />

28 full time<br />

winter<br />

6 year round<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

Page | 4<br />

Page 12 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

1.2 Commercial Recreation Activities Offered On Crown Land<br />

1.2.1 Description <strong>of</strong> Experience Being Offered<br />

o Eagle Pass Heliskiing <strong>of</strong>fers small group Heliskiing utilizing either a<br />

Eurocopter B2 A-Star or a Bell 407, both small powerful machines which<br />

fit 4 and 5 guests plus guide and pilot.<br />

o Dec 15- April 15 Season<br />

o Multi Group lodge based packages from Mulvehill Creek Wilderness<br />

Lodge<br />

o Exclusive Private and Semi Private ski vacations from Sparkling Hill<br />

Wellness Hotel<br />

o Day skiing program from Silver Star Mountain Resort<br />

o Future plans <strong>of</strong> some form <strong>of</strong> ground transfer back up skiing during poor<br />

weather<br />

1.2.2 Detailed Listing <strong>of</strong> Activities & Level <strong>of</strong> Use<br />

o EPH is currently operating as a mechanized heliski operator and we also<br />

<strong>of</strong>fer heli-assisted ski touring. All packages and ski product will be lodge<br />

based from Mulvehill Creek Lodge and Sparkling Hill Resort, or day skiing<br />

complimented from the community <strong>of</strong> Revelstoke and Silver Star Mountain<br />

Resort and surrounding area.<br />

o EPH is in the process <strong>of</strong> researching suitable areas for cat ski back up<br />

within its operating area which may commence in the 2013 or 2014 winter<br />

season. This area will be used only when flying is not and option. We<br />

anticipate that further conversations with agencies, stakeholders, and First<br />

Nations would be required to achieve approval <strong>of</strong> backup winter<br />

recreation.<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

Page | 5<br />

Page 13 <strong>of</strong> 232


Year Full<br />

Capacity<br />

is<br />

reached<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Extensive<br />

Area Map<br />

Reference<br />

Activity<br />

/Activitie<br />

s<br />

Specific<br />

References<br />

on Map<br />

Table 1.1 Extensive Areas <strong>of</strong> Use<br />

Activity Report Client Days<br />

Frequency<br />

<strong>of</strong> Use<br />

Period <strong>of</strong><br />

use<br />

Existing or<br />

Proposed<br />

Use<br />

Current<br />

Year<br />

Next<br />

Year<br />

Year 3 Full<br />

Capacity<br />

Begbie Heliskiing W <strong>of</strong><br />

Revelstoke<br />

Extensive Dec 15-<br />

Apr 15<br />

20-30 times<br />

per year<br />

0 100 100 150 2014<br />

Cranberry Heliskiing S <strong>of</strong> Mulvehill Extensive Dec 15-<br />

Apr 15<br />

30-40 times<br />

per year<br />

0 150 200 250 2014<br />

Page 14 <strong>of</strong> 232<br />

Vidler Helskiing E <strong>of</strong> Vernon Intensive Dec 15-<br />

Apr 15<br />

Simard<br />

Creek<br />

Silver<br />

Star<br />

Heliskiing E <strong>of</strong> Mabel Occasional Dec 15-<br />

Apr 15<br />

Heliskiing N <strong>of</strong> Silver<br />

Star<br />

Occasional Dec 15-<br />

Apr 15<br />

15 times per<br />

year<br />

5-10 times<br />

per year<br />

5-10 times<br />

per year<br />

0 80 150 250 2015<br />

0 25 25 25 2012<br />

0 25 25 50 2015<br />

Nelson Heliskiing E <strong>of</strong> Mabel Occasional Dec 15-<br />

Apr 15<br />

1-5 times per<br />

year<br />

0 36 36 150 2015<br />

Mabel<br />

Shoulder<br />

Heliskiing E <strong>of</strong> Mabel Occasional Dec 15-<br />

Apr 15<br />

5-10 times<br />

per year<br />

0 25 25 25 2012<br />

Griffin Heliskiing W <strong>of</strong> Griffin<br />

Lake<br />

Occasional Dec 15-<br />

Apr 15<br />

5-10 times<br />

per year<br />

0 25 25 25 2012<br />

Bews Helisking Perry River Occasional Dec 15-<br />

Apr 15<br />

5-10 times<br />

per year<br />

0 25 25 25 2012<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

6


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

1.2.1.4 Notes and Descriptors for Proposed Polygons<br />

Begbie Creek Polygon (extensive use site)<br />

Begbie Creek polygon is located 5 km directly west <strong>of</strong> the town <strong>of</strong> Revelstoke and 11<br />

km north <strong>of</strong> Mulvehill Creek Wilderness Lodge. It encompasses the Begbie Creek<br />

drainage. It is bordered by CMH south near Mt Begbie, and to the north on Mt<br />

Macpherson. To the west, the zone borders on English Lake Park. This zone adjoins<br />

our existing tenure south <strong>of</strong> HWY #1 by 3 Valley Gap.<br />

Bioclimatic zones consist <strong>of</strong> Interior Cedar Hemlock (ICH) in the valley, Engelmann<br />

Spruce/Subalpine Fir (ESSF) and Alpine Tundra (AT) in the upper elevations. Skiing will<br />

occur between the elevations <strong>of</strong> 1100 and 2500 M. This zone is in close proximity to our<br />

main lodge and will provide good jump runs to our existing tenure area and good home<br />

runs. The skiing in this zone can be classified as low to moderate poor weather skiing at<br />

the lower elevations, and mod-high hazard good weather skiing in the higher<br />

elevations. The area will also allow for safe exit to main lodge in poor weather.<br />

21 Ha <strong>of</strong> this zone has been identified as UWR u-8-005 (Mountain Goat). 37 Ha <strong>of</strong> this<br />

zone has been identified as UWR u-8-004 (Caribou) but does not fall under the<br />

Mountain Caribou Section 16 Map Reserve.<br />

South Cranberry Creek Polygon (extensive use site)<br />

South Cranberry Creek polygon lies west <strong>of</strong> the Columbia River on the northern east<br />

facing half <strong>of</strong> Hall Mountain, and to the west <strong>of</strong> Coursier Lake, directly north and west <strong>of</strong><br />

Pingston Lake and adjoins directly into our existing Gates Creek Zone. CMH Kootenay<br />

borders to the south and northwest <strong>of</strong> this zone. Great Canadian Snowmobile tours<br />

operate on and around Hall Mountain.<br />

Bioclimatic zones consist <strong>of</strong> ICH, ESSF and AT. Skiing will occur between 800 M and<br />

2500 M. The northeast aspect <strong>of</strong> Hall Mtn will provide good poor weather skiing as it<br />

has numerous low elevation cut blocks. The area to the south and east <strong>of</strong> Coursier lake<br />

is characterized by open and sparsely treed skiing near the tops <strong>of</strong> the runs, and<br />

excellent tree and cut block skiing below. Runs are in close proximity to each other and<br />

provide numerous aspects to ski, and provide safe exit to main valley and lodge in poor<br />

weather. EPH and CMH are currently working on a flight safety plan to ensure safe<br />

travel through existing and proposed terrain.<br />

26 Ha <strong>of</strong> this zone has been identified as UWR u-4-001 (Moose). Mountain Caribou<br />

Section 16 Map Reserve borders south <strong>of</strong> this zone along the top <strong>of</strong> Hall Peak and to<br />

the northwest <strong>of</strong> Coursier Lake on this proposed zone.<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

7<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Vidler Polygon (intensive use site)<br />

Vidler polygon lies directly east <strong>of</strong> Cherryville and is bordered by Halycon Heliskiing to<br />

the north, CMH Kootenay to the west, and Keefer Lake adventures to the south. Vidler<br />

zone lies south <strong>of</strong> Vidler Creek, east <strong>of</strong> Mosquito Lake, and north <strong>of</strong> Mt Beavon.<br />

Bioclimatic zones consist <strong>of</strong> ICH and ESSF. The area has been heavily logged and<br />

would be the southern boundary <strong>of</strong> EPH. It will provide very good poor weather skiing<br />

for heliskiing from EPH’s bases <strong>of</strong> Silver Star Mountain Resort and Sparkling Hill Resort<br />

which is 30 km away. Skiing will occur between 800 M and 2200 M. Tops <strong>of</strong> runs are<br />

sparsely treed and most runs end up in cut blocks near the valley bottoms. South facing<br />

runs will <strong>of</strong>fer great early to mid season tree skiing.<br />

EPH is currently entering a joint venture agreement with Keefer Lake Adventures to<br />

provide mechanized guiding service and expertise for their cat and heliski program.<br />

This polygon will tie into their existing tenure and EPH will look at drawing up a Joint<br />

Use agreement (JUA) with Keefer Lake in the future which has plans <strong>of</strong> <strong>of</strong>fering both<br />

cat and heliski operations.<br />

Most <strong>of</strong> this proposed zone has been identified as UWR u-4-001, u-8-006 (Moose), and<br />

u-8-001 (Mule Deer).<br />

The following polygons are in between existing EPH operating Tenure and both<br />

Silver Star Mountain and Sparkling Hill Resort. These areas have been selected<br />

as jump in runs for multi group heliski programs and for jump in runs for private<br />

and semi private groups heading deeper into the bigger mountains. Most <strong>of</strong> these<br />

areas top out at 2000 M with skiing down to a minimum <strong>of</strong> 800 M.<br />

Mabel Shoulder Zone<br />

Mabel Shoulder zone lies directly east <strong>of</strong> Mabel Lake and north <strong>of</strong> Tsuis Creek. It ties<br />

into our existing tenure in the Mabel Zone. The border goes down to near lake level in<br />

consideration <strong>of</strong> a future lodge site.<br />

Bioclimatic zones consist <strong>of</strong> ICH near valley bottom and ESSF to the ridge tops. Skiing<br />

elevation will be from 800 M to 2000 M with numerous poor weather cut block skiing on<br />

the south aspect facing Tsuis Creek. This area can be characterized by low hazard<br />

poor weathers skiing<br />

Most <strong>of</strong> this zone has been identified as UWR u-8-006 (Moose), and u-8-001 (Mule<br />

Deer).<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

8<br />

Page 16 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Simard Creek Polygon<br />

Simard Creek Zone lies directly east <strong>of</strong> Mabel Lake and south <strong>of</strong> Tsuis Creek. It ties<br />

into our existing tenure in the Mabel Zone.<br />

Bioclimatic zones consist <strong>of</strong> ICH near valley bottom and ESSF to the ridgetops. Skiing<br />

elevations will be from 800 M to 1900 M and will consist primarily <strong>of</strong> NW facing poor<br />

weather cut block skiing.<br />

Silver Star Polygon<br />

Silver Star zone lies due northeast from Silver Star Mountain Resort and Silver Star<br />

Provincial Park. To the east is Trinity valley and to the west is a high plateau which is<br />

used by recreational snowmobilers.<br />

Bioclimatic zones consist <strong>of</strong> ESSF and elevation ranges are between 800 M to 1500 M.<br />

This area will be for poor weather skiing from Silver Star Mountain Resort using NE<br />

facing cutblocks.<br />

Nelson Polygon<br />

Nelson polygon lies east <strong>of</strong> Mt Nelson, directly west <strong>of</strong> Monashee Park where it<br />

intersects with the Sushwap River. Recreational Snowmobiling is popular to the west <strong>of</strong><br />

the polygon on Mt Nelson and towards Mount Mandela and Park Mtn to the south. This<br />

area serves as a jump run for skiing into Gates Creek from Silver Star Mountain.<br />

Bioclimatic zones consist <strong>of</strong> ESSF. Skiing elevations will be 1100 M to 2100 M and is<br />

primarly north east and east facing. Open trees at the top into cut blocks for pickups.<br />

This area is characterized as low hazard poor weather skiing.<br />

Bews Polygon<br />

Bews Polygon lies at the headwaters <strong>of</strong> Bews Creek and is a small sliver <strong>of</strong> untenured<br />

terrain that ties into our existing high use alpine area. The terrain is a cirque which our<br />

terrain currently uses half <strong>of</strong>. The height <strong>of</strong> land to the east forms the boundary for CMH<br />

Revelstoke. This extension <strong>of</strong> our Bews zone will allow us to ski the entire alpine bowl<br />

feature to our existing pickup.<br />

Bioclimatic zones are AT with elevation ranges from 1600 M to 2500 M and will consist<br />

<strong>of</strong> low to moderate hazard good weather skiing.<br />

A small section <strong>of</strong> this zone has been identified as UWR u-8-005 (Goat)<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

9<br />

Page 17 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Griffin Polygon<br />

Griffin Polygon is located 10 km west <strong>of</strong> 3 Valley Gap and adjoins existing EPH<br />

poylgons to the east and west. To the SE it borders Mt Griffin Park.<br />

Bioclimatic zones in this polygon consist <strong>of</strong> AT, ESSF and ICH. Skiing will occur<br />

between 1900 m and 1000 m. This area can be characterized by a series <strong>of</strong> N and NE<br />

facing ridges <strong>of</strong>fering good poor weather tree skiing, and jump runs between the<br />

existing polygons to the east and west.<br />

1.4 Intensive Use Sites<br />

Fuel Cache Site<br />

o #2 located 50 38’56.6” N 118 21’27.6” W 830 M<br />

Note: This fuel cache will play an integral role in supplying fuel to all ski programs<br />

working in the southern tenure area. On the safety side, should groups get caught on<br />

the western divide <strong>of</strong> the Monashees and not be able to get back through either<br />

Lindmark or Gates Creek back into the Columbia. The helicopter may have to follow the<br />

Shuswap valley south to Cherryville and then back towards Wap Creek. For this<br />

reason, a fuel cache will be necessary at this location and will have the following:<br />

o Overnight kit<br />

o Avalanche Rescue Gear<br />

o Rope Rescue Kit<br />

o Toboggan<br />

Fuel cache will be an Enviro tank complete with berm, spill kit and all emergency shut<br />

<strong>of</strong>f valves. This cache will likely stay in place permanently and be available for use by<br />

forestry during fire season if requested.<br />

Radio Repeater Site<br />

o A new Radio Repeater site to be place somewhere in the western side <strong>of</strong><br />

the Monashee Mountains that has the ability to use Mt English Repeater<br />

to access Mulvehill Creek Lodge and Sparkling Hill Resort and Silver Star<br />

Mountain Resort. This location is T.B.D.<br />

o All radio monitoring and tracking will be done from our main dispatch at<br />

Echo Bay Lodge (Mulvehill)<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

10<br />

Page 18 <strong>of</strong> 232


Distance to<br />

Environ.<br />

Sensitive<br />

Area<br />

200 M<br />

#2 Fuel Cache 30-40 days 1 daily yes N/A/ Logging Landing 400 M<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Table 1.2 Details <strong>of</strong> Intensive Use Sites<br />

Intensiv<br />

e Use<br />

Map<br />

Referen<br />

ce<br />

Intended<br />

Use<br />

Frequency<br />

<strong>of</strong> Use<br />

Period<br />

<strong>of</strong> use<br />

Desired<br />

Exclusivity<br />

Existing or<br />

Proposed<br />

improvements<br />

Environmentall<br />

y Sensitive Area<br />

Page 19 <strong>of</strong> 232<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

11


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Section 2: Overlap with Environmental & Cultural Values<br />

Eagle Pass Heliskiing contracted Dr. Steven Wilson, RPBio and Dennis Hamilton RPBio to<br />

develop an Environmental Management System. This management system is an ongoing<br />

process and is modified from year to year. EPH is committed to work cooperatively with WLAP<br />

to develop the Environmental Management System that will address environmental concerns<br />

while meeting EPH’s operational requirements.<br />

EPH looks to continue an open dialogue with public and commercial stakeholders within and<br />

bordering our tenure.<br />

Below is a portion <strong>of</strong> our environmental management system. The complete EMS is available<br />

on request.<br />

2.0 Eagle Pass Heli-skiing – Framework for Environmental Management System<br />

Prepared for: Eagle Pass Heli-skiing June 7, 2004<br />

Prepared by: Dr. Steven Wilson, RPBio 1 & Dennis Hamilton, RPBio. 2<br />

The following is a framework for an environmental management system for the Proposed Eagle Pass<br />

Heli-skiing (hereafter EPH) tenure. The intent <strong>of</strong> the framework is to outline and highlight the issues and<br />

approaches that will be considered as part <strong>of</strong> a full environmental management system that will be<br />

developed (in cooperation with WLAP) and implemented to support <strong>of</strong> EPH’s tenure application<br />

approval.<br />

The framework is based on the following principles:<br />

1 All operational practices are intended to be in compliance with WLAP’s current Interim Wildlife<br />

Guidelines for Commercial Backcountry Recreation in British Columbia, and EPH is committed to<br />

meeting the requirements <strong>of</strong> any future guidelines developed by the Province. In addition, EPH<br />

will adhere to BCHSSOA’s Best Practices for Sustainability.<br />

2 EPH will develop, in consultation with WLAP, an appropriate data management system to record<br />

wildlife sightings. It will include training all staff on identification <strong>of</strong> key wildlife species and their<br />

habitats, taking appropriate actions when wildlife are encountered and consistent recording <strong>of</strong><br />

both wildlife sighting information and management actions.<br />

3 All sightings <strong>of</strong> key wildlife species (mountain goats, mountain caribou, grizzly bear, wolverine<br />

and other red- or blue-listed species or regionally-significant wildlife) will be recorded to 100 m<br />

UTM accuracy. This information will be reported annually to WLAP and LWBC.<br />

4 All EPH activities will involve good flight practices (consistent flightpaths, avoid flying over ridges,<br />

etc.) and no wildlife habitats will be altered (e.g., glading) without prior permission from the<br />

Province.<br />

5 EPH will fully cooperate with LWBC and/or WLAP initiatives to ensure compliance and to monitor<br />

1 EcoLogic Research, 406 Hemlock Avenue, Gabriola Island, BC, V0R 1X1 (sfwilson@shaw.ca)<br />

2 Nanuq Consulting Ltd, 512 West Innes Street, Nelson, BC, V1L 3J3 (dlhamilton@netidea.com)<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

12<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

the effectiveness <strong>of</strong> EPH’s operational strategies with respect to wildlife.<br />

2.2 Key Issues Identified in the Proposed Eagle Pass Tenure Area<br />

2.2.1 Mountain Goats<br />

Late winter goat ranges within the proposed tenure area have been mapped and confirmed via<br />

aerial reconnaissance.<br />

Operational Strategy<br />

Early winter: Before snow depths are adequate to restrict mountain goats to late winter ranges,<br />

animals are expected to range widely throughout the proposed tenure; therefore, all helicopter<br />

and skiing activity will adopt an avoid-when-seen approach. Flights 2 km)<br />

reconnaissance flights.<br />

Late winter: EPH will contract a qualified biologist (with approval <strong>of</strong> WLAP) to survey each<br />

January mapped late winter ranges for occupancy by mountain goats. All data related to these<br />

surveys will be delivered annually to WLAP and LWBC. Where ranges are occupied, seasonal<br />

closures will be established for the remainder <strong>of</strong> the season. Closure areas will include current<br />

line-<strong>of</strong>-sight approach distances specified by WLAP (currently 2 km), except where topographic<br />

barriers allow closer approaches.<br />

2.2.2 Mountain Caribou<br />

Caribou populations in the Monashees are currently very low; as a result, EPH expects to<br />

encounter caribou very rarely. During the majority <strong>of</strong> the ski season (after approximately 15<br />

January), caribou are expected to be located primarily in subalpine forests on gentle slopes.<br />

Operational Strategy<br />

EPH will employ an avoid-when-seen strategy and will restrict skiing to areas >2 km away or in<br />

other drainages until caribou have moved out <strong>of</strong> the area. High-elevation or distant (>2 km)<br />

reconnaissance flights <strong>of</strong> the area will be used to determine when caribou have moved.<br />

2.2.3 Grizzly Bear<br />

Grizzly bear encounters are an issue primarily in the spring when bears are beginning to<br />

emerge from dens. Sites where grizzly bears are likely to be encountered include the base <strong>of</strong><br />

avalanche chutes which are first to green-up in the spring.<br />

Operational Strategy<br />

EPH will adopt an avoid-when-seen strategy with grizzly bears and will not ski on runs where<br />

grizzly bears have been sighted. Early morning and/or late afternoon reconnaissance flights will<br />

be used to determine when the grizzly bear has left the area, as this is the time the bears are<br />

most likely to be active.<br />

2.2.4 Wolverine<br />

Wolverines are wide-ranging mammals that could be encountered in any area <strong>of</strong> the tenure at<br />

any time.<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

13<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Operational Strategy<br />

EPH will adopt an avoid-when-seen strategy with wolverine and will not ski runs where<br />

wolverines are observed. Because wolverines travel quickly, skiing will be restricted on the day<br />

<strong>of</strong> the sighting only. In addition, active den sights will be mapped and avoided (1 km radius) for<br />

the remainder <strong>of</strong> the season.<br />

2.2.5 Other Red- and Blue-listed Species or <strong>Regional</strong>ly Important Wildlife<br />

Operational strategies will be developed for other species in consultation with WLAP as part <strong>of</strong><br />

the complete environmental management system to be developed before operations commence.<br />

2.1 Fish Values<br />

There are several watersheds within the proposed tenure area, including the Perry River in the<br />

north, the headwaters <strong>of</strong> the Eagle River in the central portion, and the head waters <strong>of</strong> the<br />

Shuswap River in the south.<br />

Eagle Pass Heliskiings' activities are not expected to significantly impact aquatic resources. All<br />

fuel handling will be conducted in accordance with “A Field Guide to Fuel Handling and<br />

Transportation & Storage” published by WLAP (3"' edition, 2002) and the Fuel Management<br />

Best Practices as outlined in HeliCat Canada Best Practices for Sustainability document. Fuel<br />

absorbent pads will be stored at all refueling sites. Double hulled enviro-tanks will be used to<br />

ensure compliance with all relevant regulations.<br />

2.2 First Nations<br />

EPH consulted with First Nations during its original tenure application dated June 2004. During<br />

this process, there was concern over some traditional trapping areas, however it was agreed<br />

that these would not be affected by a winter operation such as EPH. Other comments included<br />

concerns regarding environmental impacts and EPH mitigation strategies. EPH provided First<br />

Nations an outline <strong>of</strong> our management system for our environmental strategies.<br />

Most First Nations groups agreed that Heliskiing would be beneficial to both parties in<br />

encouraging local business and employment opportunities in the area.<br />

In the event that a first nations artifact or site is located, the location will be marked, and will be<br />

left untouched and immediately reported to the Ministry <strong>of</strong> Water, Land, and Air Protection, and<br />

the appropriate First Nations group.<br />

The following are First Nations groups that EPH may approach prior to and during the<br />

application process for the proposed additional polygons:<br />

Begbie Creek Polygon<br />

Adams Lake Indian Band<br />

Little Shuswap Indian Band<br />

Lower Similkameen Indian Band<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

14<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Neskonlith Indian Band<br />

<strong>Okanagan</strong> Indian Band<br />

<strong>Okanagan</strong> Nation Alliance<br />

Penticton Indian Band<br />

Shuswap Indian Band<br />

Splats'in First Nation<br />

Bews Creek Polygon<br />

Adams Lake Indian Band<br />

Little Shuswap Indian Band<br />

Neskonlith Indian Band<br />

<strong>Okanagan</strong> Indian Band<br />

Shuswap Indian Band<br />

Griffin Polygon<br />

Adams Lake Indian Band<br />

Little Shuswap Indian Band<br />

Neskonlith Indian Band<br />

<strong>Okanagan</strong> Indian Band<br />

Splats'in First Nation<br />

Mabel Front Country Polygon<br />

Adams Lake Indian Band<br />

Little Shuswap Indian Band<br />

Lower Similkameen Indian Band<br />

Neskonlith Indian Band<br />

<strong>Okanagan</strong> Indian Band<br />

<strong>Okanagan</strong> Nation Alliance<br />

Penticton Indian Band<br />

Splats'in First Nation<br />

Nelson Polygon<br />

Lower Similkameen Indian Band<br />

<strong>Okanagan</strong> Indian Band<br />

<strong>Okanagan</strong> Nation Alliance<br />

Penticton Indian Band<br />

Splats'in First Nation<br />

Silver Star Polygon<br />

Lower Similkameen Indian Band<br />

<strong>Okanagan</strong> Indian Band<br />

<strong>Okanagan</strong> Nation Alliance<br />

Penticton Indian Band<br />

Splats'in First Nation<br />

South Cranberry Polygon<br />

Lower Similkameen Indian Band<br />

<strong>Okanagan</strong> Indian Band<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

15<br />

Page 23 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

<strong>Okanagan</strong> Nation Alliance<br />

Penticton Indian Band<br />

Shuswap Indian Band<br />

Splats'in First Nation<br />

Vidler<br />

Lower Similkameen Indian Band<br />

<strong>Okanagan</strong> Indian Band<br />

<strong>Okanagan</strong> Nation Alliance<br />

Penticton Indian Band<br />

Shuswap Indian Band<br />

Splats'in First Nation<br />

2.3 Mineral Tenure<br />

I acknowledge that there may be mineral tenures that overlap with my area <strong>of</strong> use and understand that I may have<br />

to coordinate access and activities with the tenure holders. I further acknowledge that additional mineral tenures<br />

may be located in my area <strong>of</strong> use in the future and that I may have to coordinate access and activities with the<br />

tenure holders.Signed: ________________________________________________<br />

(initial review by mapping contractor did not locate mineral tenures)<br />

2.4 Commercial Recreation Tenure & Guide Outfitter Territories<br />

2.4.1. Winter Commercial Recreation Stakeholders<br />

The proposed areas will border on and not overlap the following existing tenure holders:<br />

Canadian Mountain Holidays, Keefer Lake Adventures (possibly Halcyon Hot springs tenure on<br />

Hall Mountain).<br />

Great Canadian Snowmobile Tours has overlap in our current operating tenure. New overlap<br />

areas are in the Hall Mtn area in South Cranberry Creek Zone and a small section in the Mabel<br />

Front Country zone on a logging road. GCST has been consulted with in reference to potential<br />

overlap conflicts. GCST feels that having EPH in the area skiing will add an added level <strong>of</strong><br />

safety in case <strong>of</strong> emergencies due to the remote nature and travel time to the nearest hospitals.<br />

There is a new overlap area presented by Carl Kuster Mountain Park which lies within our<br />

existing operating area but not within new proposed skiing zones or amendments.<br />

2.4.2 Guide/Outfitters<br />

EPH is aware <strong>of</strong> two guide/outfitters in the area; Sugar Valley Outfitters and Monashee<br />

Outfitting. The season <strong>of</strong> operation for EPH is Dec thru to mid April, which falls outside <strong>of</strong> the<br />

fall hunting season and therefore has a negligible effect on guide outfitting<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

16<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

I acknowledge that my areas <strong>of</strong> use may overlap with a commercial recreation tenure and/or guide outfitting<br />

territory. I understand that I am required to contact these tenures holders have them complete an Operator Input<br />

Form. I will receive this information from the regional LWBC <strong>of</strong>fice.<br />

Signed: ________________________________________________<br />

3.0 Public Use and Access<br />

3.1 Winter Public Recreation<br />

3.1.1 Ski Touring<br />

At all times <strong>of</strong> the year, EPH will practice active avoidance when ski tourers are noted in the<br />

area. This will mean staying flexible and moving to different drainages to avoid these<br />

individuals. Potential areas within the new proposed polygons are in the Begbie Creek zone and<br />

South Cranberry zone leading into the Gates Creek Zone.<br />

To avoid visual and auditory disturbance and to ensure a pleasant backcountry experience for<br />

local tourers, EPH will ensure all flight paths avoid the intensive non-mechanized RMZ.<br />

3.1.2 Snowmobiling<br />

In EPH original management plan dated June 2004, consultation with both Revelstoke<br />

Snowmobile Club and Eagle Valley Snowmobile Club were conducted. EPH has not had<br />

conflict with any snowmobile user group in it’s 5 years <strong>of</strong> commercial operation and looks to<br />

continue a good relationship with the snowmobile community as a whole. High use areas such<br />

as Boulder Mountain have seen little conflict between the two user groups and EPH foresees no<br />

issues moving forward.<br />

Vidler Polygon and South Cranberry Polygon are potential areas where there is a moderate<br />

amount <strong>of</strong> snowmobile activity. EPH will continue to work with both clubs, and if there are<br />

others, to ensure that if issues develop, they can be mitigated between EPH and the clubs.<br />

3.0 The <strong>Okanagan</strong> Shuswap Land Resource Management Plan (LRMP)<br />

The <strong>Okanagan</strong> Shuswap LRMP was developed by over 30 different participants between 1995<br />

and 2000. The plan was approved by government in Dec 2001. The LRMP provides an<br />

integrated strategic direction for the management <strong>of</strong> Crown Lands in the Okanogan Shuswap.<br />

Many different resource management zones, (RMZ's) were developed that cover 93 % <strong>of</strong> the<br />

plan area excluding protected areas. (Figure 14) The existing management plan follows LRMP<br />

directives. It is intended that the new polygons will be made consistent with LRMP directives as<br />

well.<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

17<br />

Page 25 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Figure 1 <strong>Okanagan</strong> Shuwap Land Resource Management Plan Area<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

18<br />

Page 26 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Appendix 1 - Hazards and Safety Plan<br />

I certify that I have prepared Hazards and Safety Plan which meets or exceeds Workers Compensation<br />

Board and approved industry standards and that my operation will meet the requirements <strong>of</strong> this plan.<br />

____________________________________________________ Signed<br />

____________________ Date<br />

EPH Tenure Amendment Application Management Plan – October 6, 2011<br />

19<br />

Page 27 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

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Page 28 <strong>of</strong> 232


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Key Map <strong>of</strong> British Columbia<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Page 29 <strong>of</strong> 232<br />

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Key Map <strong>of</strong> British Columbia<br />

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December 8, 2011 - Item D.2<br />

Page 32 <strong>of</strong> 232<br />

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Datum/Projection: NAD83, Albers Equal Area Conic<br />

Key Map <strong>of</strong> British Columbia<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Page 34 <strong>of</strong> 232<br />

/ ' l ake- Indefinite<br />

/ " lake -Inte rmittent<br />

~ Reservoir-Definite<br />

/ ' Reservoir -Indefinite<br />

/ ' Reservolr.lntermlttent<br />

Swamp<br />

A/ Breakwall or Breakwater • Large<br />

0 800 1600 m.<br />

Scale: 1:57,467<br />

A R K


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Copyright/Disclaimer<br />

The material contained in this web site is owned by the<br />

Government <strong>of</strong> British Columbia and protected by<br />

copyright law. It may not be reproduced or redistributed<br />

without the prior written permission <strong>of</strong> the Province <strong>of</strong><br />

British Columbia. To request permission to reproduce<br />

all or part <strong>of</strong> the material on this web site please<br />

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CAUTION: Maps obtained using this site are not<br />

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generalized and may not reflect current conditions.<br />

Uncharted hazards may exist. DO NOT USE THESE<br />

MAPS FOR NAVIGATIONAL PURPOSES.<br />

Datum/Projection: NAD83, Albers Equal Area Conic<br />

Key Map <strong>of</strong> British Columbia<br />

.~<br />

E<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

•<br />

~<br />

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~ .~<br />

~<br />

~ ~ i<br />

~ i .. ..<br />

~<br />

.:!:O~ ~ •<br />

Page 35 <strong>of</strong> 232<br />

0 650 1300 m.<br />

Scale: 1:47,164


..... BRITISH<br />

~ COLUMBIA<br />

Bews<br />

Legend<br />

c:I . .<br />

Water · Rivers, Creeks, Shorelines,<br />

etc. (1 :20,000)<br />

;« Glacier<br />

"X< Icefleld<br />

~ canal<br />

~D a m<br />

~<br />

~ DitCh<br />

/ FaIi S<br />

/Flume<br />

Dam - Beaver<br />

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Rlv eror Stream - Definite<br />

RiverorStream-Dry<br />

Rlveror Strea m -Indefinite<br />

RlverorStream - Left Bank<br />

RlverorStream- Right Bank<br />

Dam- section Base<br />

/ ' Flooded Land - Inundated<br />

~<br />

Lake -Definite<br />

Swamp<br />

Copyright/Disclaimer<br />

The material contained in this web site is owned by the<br />

Government <strong>of</strong> British Columbia and protected by<br />

copyright law. It may not be reproduced or redistributed<br />

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British Columbia. To request permission to reproduce<br />

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Uncharted hazards may exist. DO NOT USE THESE<br />

MAPS FOR NAVIGATIONAL PURPOSES.<br />

Datum/Projection: NAD83, Albers Equal Area Conic<br />

Key Map <strong>of</strong> British Columbia<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Page 36 <strong>of</strong> 232<br />

/ ' l ake- Indefinite<br />

/ " lake -Inte rmittent<br />

Reservoir-Definite<br />

/ ' Reservoir -Indefinite<br />

/ ' Reservolr.lntermlttent<br />

A/ Breakwall or Breakwater • Large<br />

0 600 1200 m.<br />

Scale: 1:43,682


..... BRITISH<br />

~ COLUMBIA<br />

Begbie<br />

Legend<br />

c:I . .<br />

Water · Rivers, Creeks, Shorelines,<br />

etc. (1 :20,000)<br />

;« Glacier<br />

"X< Icefleld<br />

~ canal<br />

~D a m<br />

~<br />

~ DitCh<br />

/ FaIi S<br />

/Flume<br />

Dam - Beaver<br />

,.RaPIdS<br />

~<br />

Rlv eror Stream - Definite<br />

RiverorStream-Dry<br />

Rlveror Strea m -Indefinite<br />

RlverorStream - Left Bank<br />

RlverorStream- Right Bank<br />

Dam- section Base<br />

/ ' Flooded Land - Inundated<br />

~<br />

Lake -Definite<br />

Swamp<br />

Copyright/Disclaimer<br />

The material contained in this web site is owned by the<br />

Government <strong>of</strong> British Columbia and protected by<br />

copyright law. It may not be reproduced or redistributed<br />

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British Columbia. To request permission to reproduce<br />

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which can be accessed through the Copyright<br />

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CAUTION: Maps obtained using this site are not<br />

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Uncharted hazards may exist. DO NOT USE THESE<br />

MAPS FOR NAVIGATIONAL PURPOSES.<br />

Datum/Projection: NAD83, Albers Equal Area Conic<br />

Key Map <strong>of</strong> British Columbia<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

Page 37 <strong>of</strong> 232<br />

/ ' l ake- Indefinite<br />

/ " lake -Inte rmittent<br />

Reservoir-Definite<br />

/ ' Reservoir -Indefinite<br />

/ ' Reservolr.lntermlttent<br />

A/ Breakwall or Breakwater • Large<br />

0 650 1300 m.<br />

Scale: 1:47,164


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

118°35'0"W<br />

118°30'0"W<br />

118°25'0"W<br />

118°20'0"W<br />

118°15'0"W<br />

118°10'0"W<br />

118°5'0"W<br />

118°0'0"W<br />

50°55'0"N<br />

Griffin<br />

C<br />

r<br />

e<br />

e<br />

k<br />

Begbie<br />

MT<br />

BEGBIE<br />

M u l v e h i l l<br />

23<br />

76690<br />

C r<br />

L<br />

A<br />

K<br />

E<br />

i<br />

e<br />

m<br />

r i m<br />

D<br />

50°50'0"N<br />

50°50'0"N<br />

50°45'0"N<br />

50°40'0"N<br />

Kingfisher<br />

50°35'0"N<br />

50°30'0"N<br />

B<br />

A<br />

C a<br />

v<br />

a<br />

n<br />

a<br />

u<br />

g h<br />

y<br />

s<br />

i<br />

o<br />

N<br />

r<br />

C<br />

Mabel Front Country s<br />

u<br />

i<br />

s<br />

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T<br />

Simard<br />

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t<br />

r<br />

r<br />

o<br />

T<br />

s<br />

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h<br />

w<br />

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t<br />

a<br />

L<br />

C r<br />

C<br />

r<br />

118°40'0"W<br />

EAGLE PASS HELISKIING<br />

INTENSIVE USE SITE MAP<br />

General Location<br />

1:250,000<br />

0 1 2 4 6 8<br />

Kilometers<br />

a<br />

W<br />

p<br />

MT<br />

MABEL<br />

C<br />

r<br />

r<br />

C<br />

r r y<br />

D e<br />

PARK<br />

MTN<br />

r<br />

C<br />

k<br />

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r<br />

C<br />

W<br />

h i p<br />

[<br />

JOSS<br />

d<br />

n<br />

u<br />

o<br />

H<br />

MTN<br />

Fuel Cache Site #2<br />

50º 38' 56.6" Nr<br />

C<br />

118º 21' 27.6" W<br />

118°35'0"W<br />

C<br />

r<br />

Nelson<br />

118°30'0"W<br />

TSUIUS<br />

MTN<br />

R<br />

Fuel Cache Site #2<br />

Eagle Pass HeliSkiing<br />

Licence <strong>of</strong> Occupation<br />

# 3410026<br />

I<br />

Greenbush<br />

L<br />

R<br />

V<br />

E<br />

Eagle Pass HeliSkiing<br />

Tenure Amendment Zones<br />

[<br />

k<br />

d<br />

a r<br />

L i n m<br />

V i<br />

C r ]<br />

t r u m<br />

Peters L<br />

e c<br />

MT<br />

S p<br />

Vidler<br />

k u m<br />

FOSTHALL<br />

SUGAR<br />

Twin Peaks<br />

Lake<br />

MTN<br />

C<br />

r<br />

118°25'0"W<br />

118°20'0"W<br />

118°15'0"W<br />

Forest Service Road<br />

Road Permit<br />

Road; Paved<br />

Road; Gravel<br />

River/Stream<br />

Lake/River<br />

Page 38 <strong>of</strong> 232<br />

ARMSTRONG<br />

PEAK<br />

g u e<br />

r<br />

C<br />

Monashee<br />

Park<br />

CARIBOO<br />

MTN<br />

k t<br />

a n e<br />

B l<br />

GATES<br />

PEAK<br />

r r y<br />

b<br />

e<br />

n<br />

a<br />

r<br />

C<br />

C<br />

r<br />

MT<br />

GUNNARSEN<br />

r<br />

C<br />

r<br />

C<br />

South Cranberry<br />

Coursier<br />

CRANBERRY<br />

Lake<br />

MTN South Cranberry<br />

Ecological Reserve<br />

Provincial Park<br />

Protected Area<br />

Private Land<br />

Survey Parcel<br />

O d i n<br />

L e d g e<br />

F o s t h a<br />

118°10'0"W<br />

P<br />

i<br />

n<br />

g<br />

s<br />

t<br />

o<br />

n<br />

C r<br />

F o s t h a l l<br />

118°5'0"W<br />

50°45'0"N<br />

50°40'0"N<br />

50°35'0"N<br />

50°30'0"N<br />

50°25'0"N<br />

Projection: BC Albers<br />

Datum: NAD83<br />

Base Data: LRDW<br />

±Date: August 23, 2011


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

118°24'0"W<br />

118°23'0"W<br />

118°22'0"W<br />

118°21'0"W<br />

118°20'0"W<br />

118°19'0"W<br />

118°18'0"W<br />

118°17'0"W<br />

50°40'30"N<br />

UPPER SHUSWAP RIVER ECOLOGICAL RESERVE<br />

50°40'0"N<br />

50°39'30"N<br />

50°39'0"N<br />

[[<br />

Fuel Cache Site #2<br />

50º 38' 56.6" N<br />

118º 21' 27.6" W<br />

50°39'0"N<br />

50°38'30"N<br />

MONASHEE PARK<br />

50°36'30"N<br />

50°36'0"N<br />

50°37'30"N<br />

50°38'0"N<br />

50°37'30"N<br />

50°38'30"N<br />

50°38'0"N<br />

50°40'0"N<br />

50°39'30"N<br />

50°41'0"N<br />

50°37'0"N<br />

50°40'30"N<br />

50°41'30"N<br />

50°41'0"N<br />

50°42'0"N<br />

50°37'0"N<br />

50°36'30"N<br />

50°41'30"N<br />

118°26'0"W<br />

118°25'0"W<br />

EAGLE PASS HELISKIING<br />

INTENSIVE USE SITE MAP<br />

1:50,000<br />

0 0.25 0.5 1 1.5 2<br />

Kilometers<br />

118°24'0"W<br />

[<br />

118°23'0"W<br />

Fuel Cache Site #2<br />

Eagle Pass HeliSkiing<br />

Licence <strong>of</strong> Occupation<br />

# 3410026<br />

118°22'0"W<br />

Forest Service Road<br />

Road Permit<br />

Road; Paved<br />

Road; Gravel<br />

Page 39 <strong>of</strong> 232<br />

118°21'0"W<br />

118°20'0"W<br />

Ecological Reserve<br />

Provincial Park<br />

River/Stream<br />

Lake/River<br />

118°19'0"W<br />

118°18'0"W<br />

Projection: BC Albers<br />

Datum: NAD83<br />

Base Data: LRDW<br />

±Date: August 23, 2011


1000<br />

p<br />

a<br />

i<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

900<br />

SUGAR-FALLS<br />

Fuel Cache Site #2<br />

50º 38' 56.6" N<br />

118º 21' 27.6" W<br />

VANWYK<br />

[[<br />

SUGAR LAKE<br />

r<br />

v e<br />

R<br />

800<br />

800<br />

s w<br />

u<br />

S h<br />

900<br />

EAGLE PASS HELISKIING<br />

INTENSIVE USE SITE MAP<br />

1:5,000<br />

0 25 50 100 150 200<br />

Meters<br />

[<br />

Fuel Cache Site #2<br />

Forest Service Road<br />

Road Permit<br />

Road; Paved<br />

Road; Gravel<br />

Page 40 <strong>of</strong> 232<br />

River/Stream<br />

Lake/River<br />

20m Contour - Index<br />

20m Contour - Intermediate<br />

±Projection: BC Albers<br />

Datum: NAD83<br />

Base Data: LRDW<br />

Date: August 23, 2011


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item D.2<br />

,<br />

., ...<br />

"<br />

,<br />

, , ,<br />

"'- ,<br />

,<br />

, ,<br />

Page 41 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

REGIONAL DISTRICT<br />

<strong>of</strong><br />

NORTH OKANAGAN<br />

REPORT<br />

File No.: 3046.01.04<br />

TO:<br />

FROM:<br />

Electoral Area Advisory Committee<br />

Laura Frank, Sustainability Coordinator<br />

DATE: November 22, 2011<br />

Electoral Areas “D” & “E” Official Community Plan Bylaw No.<br />

SUBJECT:<br />

2485, 2011 Amendments for Second Reading<br />

RECOMMENDATION:<br />

That it be recommended to the Board <strong>of</strong> Directors that Bylaw No. 2485, 2011 being the Electoral<br />

Area “D” & “E” Official Community Plan, be amended to include the changes outlined in<br />

Attachment 2, “Referral Comments and Public Feedback” <strong>of</strong> the report dated November 22,<br />

2011 from the Sustainability Coordinator; and<br />

That it be recommended that Bylaw No. 2485, 2011 being the Electoral Area “D” & “E” Official<br />

Community Plan be given Second Reading, as amended and referred to Public Hearing.<br />

DISCUSSION:<br />

The purpose <strong>of</strong> this report is to outline the proposed changes to the Electoral Area “D” & “E”<br />

Official Community Plan Amendment, which resulted from the referral and consultation process.<br />

As well it presents the Electoral Area “D” & “E” Official Community Plan, Bylaw No 2485, 2011<br />

for Second Reading and referral to a public hearing.<br />

A track changes version (Attachment 1), “Recommended Revisions for Bylaw No 2485, 2011”<br />

highlights the revisions to the Electoral Areas “D” & “E” Official Community Plan that resulted<br />

from public engagement and referral. The referrals included: First Nations; School <strong>District</strong> #22;<br />

the Agricultural Land Commission; Interior Health; Ministry <strong>of</strong> Transportation and Infrastructure;<br />

Ministry <strong>of</strong> Natural Lands and Resource Operations; Ministry <strong>of</strong> Agriculture; Department <strong>of</strong><br />

Fisheries and Oceans Canada; adjacent <strong>Regional</strong> <strong>District</strong>s and RDNO Staff, the Chief Financial<br />

Officer and the Manager <strong>of</strong> Environmental Services. Attachment 2, “Referral Comments and<br />

Public Feedback” summarizes: the submissions received; the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong><br />

<strong>Okanagan</strong> responses to the formal comments received; and the recommended revisions to the<br />

Electoral Areas “D” & “E” Official Community Plan, Bylaw 2485, 2011.<br />

Both the Area “D” and “E” Advisory Planning Commissions have reviewed the draft plan and<br />

have provided their feedback to both the consultant and staff, this feedback has been reviewed<br />

and addressed in Attachment 2 “Referral Comments and Public Feedback” <strong>of</strong> this report.<br />

Land use changes were not a part <strong>of</strong> the Terms <strong>of</strong> Reference for this planning process;<br />

however, a number <strong>of</strong> residents came forward during the consultation process requesting land<br />

Page 42 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 2<br />

use designation changes. These six requests have been reviewed and staff’s<br />

recommendations are outlined in the table - Land Use Designations (Attachment 3).<br />

At the Electoral Area Advisory Committee meeting held on August 4, 2011, the July 18, 2011<br />

staff report recommending Second Reading as amended was tabled in order to provide the<br />

Advisory Planning Commissions (APC) additional opportunities to review the proposed<br />

amendments. On October 13, 2011 the Director <strong>of</strong> Development Services, Rob Smailes and<br />

Laura Frank met with the Area E APC to review the recommended amendments and discuss<br />

any remaining issues or questions with the policies being brought forward. Based on the<br />

feedback provided at this meeting staff are recommending additional amendments to the<br />

Electoral Areas “D” & “E” Official Community Plan which are outlined in Attachment 2.<br />

Overall there was broad community support for the Electoral Areas “D” & “E” Official Community<br />

Plan. Residents were pleased with the plan and felt that it represented their values and goals<br />

for their communities. The planning process was carried out over three phases: the first phase<br />

involved extensive public consultation to determine the future vision residents had for their<br />

communities; the second phase focused on the creation <strong>of</strong> the plan and the third phase involved<br />

public consultation to review the draft plan policies. The public consultation process was open<br />

to all residents, local stewardship groups and societies; everyone was encouraged to participate<br />

in this planning process.<br />

BACKGROUND:<br />

At the <strong>Regional</strong> Board Priority setting workshops held on January 8 th and 9 th 2009, the review <strong>of</strong><br />

the Electoral Areas “D” and “E” OCP was identified as a key priority for the Planning and<br />

Building Department.<br />

At the Regular Meeting <strong>of</strong> the Board <strong>of</strong> Directors held on November 4, 2009, the Board resolved<br />

to endorse the Terms <strong>of</strong> Reference attached to the report dated October 6, 2009 from the<br />

Sustainability Coordinator for the review <strong>of</strong> Electoral Areas ‘D” and ‘E” Official Community Plan.<br />

The Board authorized staff to issue a call for proposals for the review <strong>of</strong> Electoral Areas “D” and<br />

“E” Official Community Plan and further resolved that funding be included in the 2010 financial<br />

plan and be allocated out <strong>of</strong> the Community Works Fund.<br />

It was also recommended that due to limited capacity within the Planning Department the review<br />

<strong>of</strong> the Electoral Areas “D” and “E” OCP be carried out by a consultant. At the Regular Meeting<br />

<strong>of</strong> February 3, 2010, the Board <strong>of</strong> Directors recommended that True Consulting Group be<br />

commissioned to conduct the review <strong>of</strong> the Electoral Area “D” and “E” OCP at a cost <strong>of</strong><br />

$69,630.00.<br />

On March 18, 2010 the consultant met with both the Area “D” & “E” Advisory Planning<br />

Commissions to introduce herself as well as outline the OCP review process. On April 14, 2010<br />

and April 28, 2010 the first public open houses were held at the Cherryville Community Hall and<br />

the White Valley Community Centre. The goal <strong>of</strong> these open houses was to provide an<br />

opportunity for residents to become familiar with the OCP process and identify community<br />

issues and opportunities. A number <strong>of</strong> display boards were on hand to provide residents with<br />

information on the OCP process, new legislative requirements, the area’s population pr<strong>of</strong>ile,<br />

housing counts and development opportunities. Prior to these meetings area residents were<br />

mailed a newsletter/questionnaire to get them to identify what they want the area to be like in<br />

twenty years.<br />

Page 43 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 3<br />

After the first phase <strong>of</strong> the public consultation process which involved two public meetings, two<br />

joint Area “D” & “E” Advisory Planning Commission (APC) meetings and the solicitation <strong>of</strong><br />

written and verbal correspondence from area residents, True consulting presented the draft<br />

Electoral Area “D” and “E” OCP to RDNO planning staff on January 19, 2011. The plan has<br />

since been posted on the RDNO website for review.<br />

The draft Electoral Area “D” and “E” OCP contains policies that address: Environmental Issues,<br />

Agricultural & Resource Use, Rural, Rural Residential & Residential Land Use, Commercial,<br />

Industrial and Special Land Use Areas, Quality <strong>of</strong> Life, Transportation & Servicing, Economy,<br />

Development Permit Areas and Implementation.<br />

On April 4 and 14, 2011 public open houses were held in Cherryville and Lumby to provide area<br />

residents with an opportunity to give feedback on the draft OCP and proposed policies. Display<br />

panels outlining the environment, agricultural and resource use, residential, rural and rural<br />

residential uses and quality <strong>of</strong> life policies were presented. These meetings were well attended<br />

and a number <strong>of</strong> discussions occurred around transportation, ground water, economic<br />

development, illegal dumping <strong>of</strong> garbage on crown land, crown land and resource management,<br />

community health and recreation & tourism.<br />

SUMMARY:<br />

Although the Electoral Area “D” and “E” OCP process has been delayed the work carried out to<br />

date has been delivered in accordance with the Terms <strong>of</strong> Reference which called for the<br />

consultant to:<br />

1) Establish a meaningful public participation program with the citizens <strong>of</strong> Rural<br />

Lumby and Cherryville with the intent to establish if community priorities have<br />

changed since the last OCP was adopted.<br />

2) Revisit the appropriateness <strong>of</strong> policies guiding the location and type <strong>of</strong><br />

commercial, agricultural-industrial and rural residential land use.<br />

3) Review existing OCP policies and Development Permit Criteria within the<br />

context <strong>of</strong> Provincial legislative requirements including the Riparian Areas<br />

Regulation, the Local Government (Green Communities) Statutes Amendment<br />

Act, 2008 and Agricultural Land Commission regulations<br />

4) Develop targets for the reduction <strong>of</strong> greenhouse gases, and policies and<br />

actions proposed to achieve the targets<br />

5) Investigate the incorporation <strong>of</strong> greenhouse gas reductions, energy<br />

conservation and water conservation within the context <strong>of</strong> Development<br />

Permits.<br />

6) Develop policies that promote community business development, such as<br />

Home Occupations, that can be implemented through Zoning Bylaw review.<br />

7) Seek input and cooperation <strong>of</strong> the adjacent First Nations, the Village <strong>of</strong><br />

Lumby, <strong>District</strong> <strong>of</strong> Coldstream and the Agricultural Land Commission.<br />

8) To prepare an amendment bylaw that reflects the community values <strong>of</strong> Rural<br />

Lumby and Cherryville.<br />

The Electoral Area “D” & “E” Official Community Plan has been amended based on agency<br />

referral and public feedback and is now ready for Second Reading and referral to a Public<br />

Hearing.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas "0 " and "E" Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee - November 22, 201<br />

Page 4<br />

Submitted by:<br />

Approved For Inclusion:<br />

Endorsed by:<br />

Rob Smailes, MCIP<br />

General Manager, Planning and Building<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

REGIONAL DISTRICT OF NORTH OKANAGAN<br />

BYLAW NO. 2485<br />

A Bylaw <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> to adopt<br />

an Official Community Plan for Electoral Areas “D” and “E”<br />

WHEREAS pursuant to Section 876 [Authority to adopt a bylaw] <strong>of</strong> the Local<br />

Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed<br />

pursuant thereto, the Board <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> may, by Bylaw,<br />

adopt one or more <strong>of</strong>ficial community plans;<br />

AND WHEREAS the said Official Community Plan shall be prepared in accordance with<br />

Section 877 <strong>of</strong> the Local Government Act, R.S.B.C.;<br />

AND WHEREAS the said Official Community Plan may include policy and context<br />

statements in accordance with Section 878 <strong>of</strong> the Local Government Act, R.S.B.C.;<br />

AND WHEREAS the said Official Community Plan may be expressed in maps, plans,<br />

reports, or any combination there<strong>of</strong>;<br />

AND WHEREAS the <strong>Regional</strong> Board has caused to be carried out a report outlining the<br />

general planning objectives and development policies for the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong><br />

<strong>Okanagan</strong>.<br />

NOW THEREFORE, the Board <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong>, in open<br />

meeting assembled, hereby ENACTS AS FOLLOWS:<br />

GENERAL<br />

1. This Bylaw may be cited as “ Official Community Plan Amendment Bylaw No.<br />

2485, 2011 “.<br />

2. The Official Community Plan Report marked Schedule "A", together with the<br />

Official Community Plan Maps marked Schedule "B", “C”, “D” attached hereto<br />

and forming part <strong>of</strong> this Bylaw, are hereby designated as the Official Community<br />

Plan for Electoral Areas "D" and “E” <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong>.<br />

3. Bylaw No. 1690 being the "Electoral Areas “D” and “E” Official Community<br />

Plan Designation Bylaw No. 1690, 2001", and all amending bylaws thereto, are<br />

hereby repealed.<br />

Read a FIRST time this 16 th day <strong>of</strong> May, 2011<br />

Bylaw considered in conjunction with the <strong>Regional</strong> <strong>District</strong> Financial Plan and Waste<br />

Management Plan this 16 th day <strong>of</strong> May, 2011<br />

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December 8, 2011 - Item F.1<br />

Bylaw No. 2485 Page 2<br />

Read a SECOND time this day <strong>of</strong> , 2011<br />

Advertised on the day <strong>of</strong> , 2011, and<br />

the day <strong>of</strong> , 2011<br />

Public Hearing held pursuant to the provisions <strong>of</strong> Section 890 <strong>of</strong> the Local Government<br />

Act on<br />

the day <strong>of</strong> , 2011<br />

Received the approval <strong>of</strong> the Minister <strong>of</strong> Community, Sport and Cultural<br />

Development pursuant to Section 882 <strong>of</strong> the Local Government Act<br />

Approval No.<br />

this day <strong>of</strong> , 2011<br />

Minister <strong>of</strong> Community, Sport and<br />

Cultural Development<br />

Read a THIRD time this day <strong>of</strong> , 2011<br />

ADOPTED this day <strong>of</strong> , 2011<br />

CHAIR<br />

CORPORATE OFFICER<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Fringe Area Official<br />

Community Plan<br />

<strong>Regional</strong> <strong>District</strong> <strong>of</strong> the <strong>North</strong> <strong>Okanagan</strong><br />

Electoral Area ‘D’ (Rural Lumby)<br />

and<br />

Electoral Area ‘E’ (Cherryville)<br />

OFFICIAL COMMUNITY PLAN<br />

By-law 2485, 2011 – Schedule ‘A’<br />

November 22, 2011<br />

Track-Changes Version<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

CONTENTS<br />

1 INTRODUCTION 1-1<br />

1.1 Legislative and Regulatory Content<br />

1.2 Community Consultation<br />

1.3 Community Vision<br />

1.4 Planning Principles<br />

1.5 The Sustainability Lens<br />

1.6 Acronyms<br />

1.7 Related Documents & Jurisdictions<br />

2 PLANNING CONTEXT 2-1<br />

2.1 Demographics and Growth Trends<br />

2.2 Housing<br />

2.3 Development Inventory and Opportunities<br />

2.4 Health and Socio-Economic Indicators<br />

2.5 First Nation Communities<br />

2.6 Planning Considerations<br />

3 ENVIRONMENT 3-1<br />

3.1 Context<br />

3.2 Environmentally Sensitive Areas Policies<br />

3.3 Watercourses and Riparian Areas Policies<br />

3.4 Wildlife Polices<br />

3.5 Floodplains and Alluvial Fans Policies<br />

3.6 Wildfire Policies<br />

3.7 Tree Retention and Tree Expansion Policies<br />

3.8 Hazardous Conditions Policies<br />

3.9 Energy and Conservation Policies<br />

3.10 Climate Change Policies<br />

4 AGRICULTURAL & RESOURCE USE 4-1<br />

4.1 Introduction<br />

4.2 Agriculture Policies<br />

4.3 Resource Policies<br />

4.4 Forestry Policies<br />

4.5 Sand, Gravel and Other Mineral Extraction Policies<br />

5 RURAL, RURAL RESDIENTIAL, & RESIDENTIAL 5-1<br />

5.1 Rural Land Use Policies<br />

5.2 Rural, Residential Policies<br />

5.3 Residential Land Use Policies<br />

5.4 Affordable Housing Policies<br />

5.5 Home Based Businesses / Home Occupations Policies<br />

6 COMMERCIAL 6-1<br />

6.1 Context<br />

6.2 Commercial Policies<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

7 INDUSTRIAL 7-1<br />

7.1 Context<br />

7.2 Industrial Policies<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

8 SPECIAL USE AREAS 8-1<br />

8.1 Context<br />

8.2 Special Public Use Area Policies<br />

8.3 Comprehensive Resort and Ecovillage Development Overview<br />

8.4 Comprehensive Resort and Ecovillage Development Policies<br />

9 QUALITY OF LIFE 9-1<br />

9.1 Context<br />

9.2 Parks and Open Space Policies<br />

9.3 Heritage Conservation Policies<br />

9.4 School Facilities and Other Community Services Policies<br />

9.5 Police and Fire Protection Policies<br />

9.6 Community Accessibility and Inclusion Policies<br />

9.7 Seniors and Special Needs Policies<br />

9.8 Community Engagement<br />

9.9 Arts and Culture Policy<br />

9.10 Community Health Policies<br />

10 TRANSPORTATION & SERVICING 10-1<br />

10.1 Context<br />

10.2 Transportation Policies<br />

10.3 Water Policies<br />

10.4 Sewage Collection and Disposal Policies<br />

10.5 Drainage Collection and Disposal Policies<br />

10.6 Solid Waste Disposal Policies<br />

10.7 Other Utility Service Policies<br />

11 ECONOMY 11-1<br />

11.1 Context<br />

11.2 Economic Policies<br />

12 DEVELOPMENT PERMIT AREAS 12-1<br />

12.1 General<br />

12.2 Riparian Development Permit Area<br />

12.3 Hazardous Lands Development Permit Area<br />

12.4 Commercial and Industrial Development Permit Areas<br />

13 IMPLEMENTATION 12-1<br />

SCHEDULES<br />

Schedule B<br />

Schedule C<br />

Schedule D<br />

Land Use<br />

Environmentally Sensitive Areas<br />

Hazardous Conditions<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Acknowledgements<br />

The Development <strong>of</strong> the <strong>North</strong> <strong>Okanagan</strong> Electoral Areas ‘D’ and ‘E’<br />

Official Community Plan has been a collaborative process, with the<br />

general public as vital contributors. T heir input throughout the<br />

planning process has helped shape the plan. <strong>Regional</strong> <strong>District</strong> staff,<br />

at all levels, also provided an important role and critical expertise.<br />

The following are especially acknowledged:<br />

Electoral Area Directors<br />

• Rick Fairbairn - Electoral Area ‘D’<br />

• Eugene Foisy - Electoral Area ‘E’<br />

Advisory Planning Committees - Area ‘D’ Area ‘E’<br />

<strong>North</strong> <strong>Okanagan</strong> <strong>Regional</strong> <strong>District</strong> Planning Staff<br />

TRUE Consulting<br />

Preamble<br />

It is recognized that the Plan Area is within the traditional territory <strong>of</strong> the<br />

<strong>Okanagan</strong> First Nation and the Shuswap First Nation. This plan is without<br />

prejudice to and cannot be used to define and/or limit Aboriginal and Treaty<br />

Rights and Aboriginal Title <strong>of</strong> First Nations in British Columbia.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

INTRODUCTION<br />

1<br />

1.1 LEGISLATIVE AND REGULATORY CONTEXT<br />

The Province <strong>of</strong> British Columbia (BC) was divided into <strong>Regional</strong> <strong>District</strong>s in 1965 in order to provide a<br />

form <strong>of</strong> local government for areas that are not part <strong>of</strong> a municipality (unincorporated areas). This<br />

Official Community Plan applies to a portion <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> (RDNO)<br />

covering parts <strong>of</strong> Electoral Areas ‘D’ and ‘E’ as shown on Figure 1.1.<br />

The <strong>Regional</strong> <strong>District</strong> operates within the context <strong>of</strong> the legislation <strong>of</strong> the Province <strong>of</strong> British Columbia.<br />

The Local Government Act and the Community Charter provide legislation for Community Plans and<br />

outline the tools available to local governments to plan and regulate land uses.<br />

This plan builds upon the policies and principles <strong>of</strong> the OCP adopted by By-law 1690, 2001. The<br />

planning process started in 2010 and has expanded the OCP policies to ensure consistency with<br />

current legislation and to reflect the current community vision.<br />

This Official Community Plan provides a general statement <strong>of</strong> the policies <strong>of</strong> the <strong>North</strong> <strong>Okanagan</strong><br />

<strong>Regional</strong> <strong>District</strong> about the form and character <strong>of</strong> land uses and servicing requirements in the plan<br />

area. The plan policies will guide decisions to be made by the Board <strong>of</strong> Directors when considering<br />

applications for various types <strong>of</strong> development. The Official Community Plan:<br />

a. expresses a community vision, developed through the planning process;<br />

b. provides an understanding <strong>of</strong> how the <strong>Regional</strong> <strong>District</strong> plans to work co-operatively with<br />

other jurisdictions, particularly the City <strong>of</strong> Vernon; <strong>District</strong> <strong>of</strong> Coldstream; Village <strong>of</strong> Lumby;<br />

First Nations; provincial government agencies; developers and community groups;<br />

c. contains statements regarding the <strong>Regional</strong> <strong>District</strong>’s plans to accommodate future growth<br />

and to integrate various land uses such as: residential, commercial, industrial, agricultural,<br />

institutional and recreational uses;<br />

d. provides statements regarding options for servicing new areas and levels <strong>of</strong> servicing that<br />

are appropriate for different types and levels <strong>of</strong> development;<br />

e. recognizes the different growth pressures experienced within the plan area;<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

f. provides policies relating to the preservation and protection <strong>of</strong> the natural environment, its<br />

ecosystems and biological diversity;<br />

g. provides policies relating to avoiding hazards and promoting safety <strong>of</strong> humans and security<br />

<strong>of</strong> land improvements;<br />

h. contains policies respecting affordable, rental and special needs housing;<br />

i. contains targets for the reduction <strong>of</strong> greenhouse gas emissions and actions to achieve<br />

identified targets; and<br />

j. other discretionary statements referred to in Section 878 <strong>of</strong> the Local Government Act, in<br />

particular a <strong>Regional</strong> Context Statement, and where appropriate Part 27 <strong>of</strong> the Local<br />

Government Act dealing with Heritage Conservation.<br />

Figure 1.1: Plan Area Context<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

The Official Community Plan uses population data from the 2006 Census <strong>of</strong> Canada and provides<br />

both short-term and long-term directions for the <strong>Regional</strong> <strong>District</strong>’s future. Updates <strong>of</strong> the plan are<br />

recommended every 5-10 years to evaluate whether or not the plan is still accurate in reflecting<br />

community trends, needs and desires.<br />

Finally, the Official Community Plan provides a foundation for financial planning. Specifically, land<br />

use and servicing strategies create requirements for the years ahead and this information can be<br />

incorporated into the <strong>Regional</strong> <strong>District</strong>’s financial planning and direct applications for supportive<br />

funding.<br />

1.2 COMMUNITY CONSULTATION<br />

Pursuant to Section 879 <strong>of</strong> the Local Government Act, the Official Community Plan process was a<br />

consultative exercise with opportunities for public input at several stages. The consultation process<br />

included meetings with the relevant Advisory Planning Commissions as well as public information<br />

meetings at key points in the planning process. The <strong>District</strong> has also maintained a web site that<br />

contains information on the OCP review process and draft documents. Stages in the planning<br />

process are outlined as follows.<br />

Official Community Plan Process<br />

Background Research and Review<br />

Draft Vision, Issues and Opportunities<br />

Consultation<br />

Draft OCP<br />

Consultation and Agency Referral<br />

Board Consideration and Approvals<br />

Implementation<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

1.3 COMMUNITY VISION<br />

A community vision has been developed as part <strong>of</strong> the planning process to set direction for the future<br />

<strong>of</strong> the area in a manner that reflects the desires and aspirations <strong>of</strong> a broad cross-section <strong>of</strong> interests<br />

across the region.<br />

Official Community Plan Vision<br />

“Area ‘D’ (Rural Lumby) and Area ‘E’ (Cherryville) are comprised<br />

<strong>of</strong> diverse, distinct and liveable rural areas where people live,<br />

learn, work and play in harmony with each other and the natural<br />

environment.<br />

We are a unique area within the <strong>Regional</strong> <strong>District</strong> and plan to<br />

protect and enhance that uniqueness.<br />

We are leaders in fostering social integrity, economic<br />

development, and environmental sustainability, where the<br />

principles <strong>of</strong> independence and self-sufficiency are valued.<br />

We are known as an area where the natural environment is<br />

carefully managed as both a “natural” area and a “working”<br />

environment that will be sustained in this balance for future<br />

generations.”<br />

1.4 PLANNING PRINCIPLES<br />

Planning principles were developed to articulate key themes and values that emerged from the<br />

research and consultation process. These principles are the basis <strong>of</strong> ‘who we are’, ‘what we believe<br />

in’ and ‘where we would like to go’ as a community. The Official Community Plan is guided by these<br />

principles.<br />

Principle 1 –<br />

Cultivate<br />

Partnerships<br />

Principle 2 –<br />

Citizen<br />

Engagement<br />

Principle 3 –<br />

Environmental<br />

Stewardship<br />

The <strong>Regional</strong> <strong>District</strong> with will seek out and develop and nurture partnerships<br />

with federal, provincial and regional government agencies, First Nations,<br />

businesses, non-governmental organizations, community associations, and<br />

others to assist in achieving the shared community vision.<br />

The <strong>Regional</strong> <strong>District</strong> is committed to providing opportunities for its citizens to<br />

engage in meaningful participation in the community decision-making process.<br />

Ensure the protection, restoration and management <strong>of</strong> the region’s natural and<br />

agricultural environments for present and future generations. There are natural<br />

environments that are highly valued for their unique and vital ecosystems<br />

(including contributing to supply <strong>of</strong> clean water), scenic beauty, outdoor<br />

recreation, and support <strong>of</strong> a resource based economy. Minimize conflicts by<br />

developing and applying clear growth management and land use policies.<br />

Principle 4 –<br />

Natural<br />

Resource<br />

Conservation<br />

Support the wise use <strong>of</strong> energy and material resources by endorsing sustainable<br />

design and land and management practices.<br />

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Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Principle 5 –<br />

Local<br />

Economic<br />

Resilience<br />

Principle 6 –<br />

Community<br />

Livability<br />

Principle 7 –<br />

Housing<br />

Diversity<br />

Principle 8 –<br />

Transportation<br />

Choice<br />

Principle 9 –<br />

Responsible<br />

Provision <strong>of</strong><br />

Services<br />

Principle 10 –<br />

Community<br />

Leadership<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Encourage economic development as a key to prosperity for the entire<br />

community through: the designation <strong>of</strong> employment lands; supporting<br />

diversification <strong>of</strong> employment through business development; providing<br />

educational opportunities to residents; and maintaining the integrity <strong>of</strong> resource<br />

lands used for agriculture, forestry and mining.<br />

The <strong>Regional</strong> <strong>District</strong> will strive to enable a high quality <strong>of</strong> life for its residents,<br />

where everyone enjoys a safe, vibrant and healthy community and has access to<br />

education, jobs, public services, culture, heritage, recreation and the natural<br />

environment. This is an area with a strong sense <strong>of</strong> community.<br />

Support a wide range <strong>of</strong> housing types and tenures that will help ensure that<br />

people <strong>of</strong> all ages, abilities, household types and incomes have a diversity <strong>of</strong><br />

housing choices and those residents and their families can continue to live in the<br />

area. This can in part be achieved by minimizing the costs <strong>of</strong> developing new<br />

lots and housing.<br />

Recognizing the transportation challenges associated with the dispersed<br />

settlement pattern in the plan area, the <strong>Regional</strong> <strong>District</strong> will work with Provincial<br />

authorities and support strategies to encourage transit, cycling, pedestrian and<br />

other modes <strong>of</strong> travel that minimize greenhouse gas emissions and ensure safe<br />

and efficient movement between communities and settlement areas.<br />

Infrastructure will be efficient, scaled appropriately and include suitable<br />

sustainable alternatives and technologies. The <strong>Regional</strong> <strong>District</strong> will not provide<br />

or allow services that are inconsistent with sustainable land management<br />

practices.<br />

The <strong>Regional</strong> <strong>District</strong> will provide ongoing leadership through adherence to the<br />

Guiding Principles, sustainable land management and the policies contained<br />

within the Official Community Plan when making land use decisions.<br />

1.5 THE SUSTAINABILITY LENS<br />

The community has a desire to see the area developed in a manner that is sustainable –<br />

environmentally, fiscally, economically and socially – so that children and grandchildren can satisfy<br />

their needs in the future and continue to enjoy the opportunities and amenities that the area has to<br />

<strong>of</strong>fer. This commitment requires balancing the protection <strong>of</strong> the environment with the needs <strong>of</strong> a<br />

changing population and economy. The principles, objectives and policies contained within the plan<br />

reinforce a commitment to sustainability. Examples <strong>of</strong> sustainability principles that have been<br />

considered as part <strong>of</strong> the planning process include:<br />

Options to the car are emphasized.<br />

• Enhance connectivity between roads and trails.<br />

• Local services (e.g. Cherryville commercial area, recreation areas) are supported where<br />

feasible.<br />

Work in harmony with the natural systems.<br />

• Protect watercourses and environmentally sensitive areas (Development Permits and Building<br />

Permits used to trigger reviews and approvals).<br />

• Adopt and enforce Encourage anti-sprawl land use policies (Lumby is the nearest centre for<br />

higher order retail services, regional/urban cultural and recreation services and higher density<br />

residential development).<br />

• Understand groundwater and its capacity to support development (set clear conservative<br />

subdivision requirements for pro<strong>of</strong> <strong>of</strong> water).<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

• Encourage and support the use <strong>of</strong> clean, alternative and renewable energy sources.<br />

• Consider opportunities to support re-cycling.<br />

• Support and encourage community forests.<br />

• Encourage water conservation.<br />

• Consideration <strong>of</strong> wildfire interface areas.<br />

• Direct development away from areas <strong>of</strong> high natural hazards to areas <strong>of</strong> no or low natural<br />

hazards.<br />

• Support best practices to manage surface water, drainage and groundwater consistent with<br />

the principles <strong>of</strong> sustainability.<br />

• Consider the development <strong>of</strong> best management practices to protect the supply and quality <strong>of</strong><br />

water resources.<br />

• Establish a <strong>Regional</strong> Sustainability Committee.<br />

• Support Environmental Farm Plans for cattle ranches (livestock) on unprotected creeks.<br />

Buildings and infrastructure are greener, smarter and cheaper<br />

• Education on green alternatives<br />

• Discourage sprawl<br />

• Support local agriculture including ALC initiatives to support agricultural diversity (e.g. tourist<br />

accommodation where applicable).<br />

• Preserve agricultural land by supporting the retention <strong>of</strong> land within the Agricultural Land<br />

Reserve where ALR lands have suitability and capability for agriculture (e.g. large parcel size,<br />

suitable soils and compatible neighbouring land uses).<br />

• Investigate the need for a regional water conservation strategy, aimed at educating residents<br />

on water conservation methods and reducing water consumption.<br />

Jobs are close to home<br />

• Better internet service allows residents to work at home and reduce their carbon footprint.<br />

• Land use designations support home occupations.<br />

The spirit <strong>of</strong> the community is honoured<br />

• Principles <strong>of</strong> independence and self-sufficiency are valued.<br />

• Respect sacred First Nation sites.<br />

• Value heritage resources.<br />

• Support community driven initiatives (e.g. community recreation and culture)<br />

• Recognize, acknowledge and support the ongoing contributions <strong>of</strong> voluntary organizations and<br />

individual volunteers who improve the communities’ well-being.<br />

• Community services will be provided to a rural standard (e.g. community hall, parks, open<br />

space, solid waste, fire suppression). Residents will access urban services through<br />

neighbouring communities (schools, pools, libraries).<br />

• Ensure a safe community with programs for emergency preparedness.<br />

Everyone has a voice.<br />

• Planning processes engage the public.<br />

• Maintain connections between RDNO and local groups (e.g. APC, Stewardship Groups).<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

1.6 ACRONYMS<br />

The following Acronyms are used throughout the report.<br />

ALC<br />

ALR<br />

DFO<br />

HADD<br />

HLDPA<br />

LEED<br />

LGA<br />

LHA<br />

MOE<br />

MOTI<br />

OCP<br />

OSLRMP<br />

QEP<br />

RAR<br />

RCMP<br />

RDNO<br />

RDPA<br />

SEI<br />

SPEA<br />

TRIM<br />

Agricultural Land Commission<br />

Agricultural Land Reserve<br />

Department <strong>of</strong> Fisheries & Oceans<br />

Harmful Alteration, Disruption or Destruction<br />

Hazardous Lands Development Permit Area<br />

Leadership in Energy & Environmental Design<br />

Local Government Act<br />

Local Health Area<br />

Ministry <strong>of</strong> Environment<br />

Ministry <strong>of</strong> Transportation and Infrastructure<br />

Official Community Plan<br />

<strong>Okanagan</strong> Shuswap Land & Resource Management Plan<br />

Qualified Environmental Pr<strong>of</strong>essional<br />

Riparian Areas Regulation<br />

Royal Canadian Mounted Police<br />

<strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong><br />

Riparian Development Permit Area<br />

Sensitive Ecosystem Inventory<br />

Streamside Protection & Enhancement Area<br />

Terrain Resource Inventory Mapping<br />

1.7 RELATED DOCUMENTS & JURISDICTIONS<br />

Key RDNO Policy Documents and Studies<br />

• RDNO, Transportation Options for Rural Residents Study, 2009, prepared by Stantec<br />

Consultants<br />

• RDNO Zoning Bylaw No. 1880, 2003<br />

• Labour Force Supply and Demand Forecast: 2006 – 2031, <strong>North</strong> <strong>Okanagan</strong> <strong>Regional</strong><br />

<strong>District</strong>, prepared by Peak Solutions Consulting, 2010<br />

• White Valley Parks, Recreation and Culture Master Plan, <strong>North</strong> <strong>Okanagan</strong> <strong>Regional</strong><br />

<strong>District</strong>, prepared by Yates, Thorn, & Associates, 2010<br />

General Provincial and Federal Legislation and Policy Documents<br />

• Local Government Act and Community Charter<br />

• Bill 27, Local Government (Green Communities) Statutes Amendment Act, 2008<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

• The British Columbia Climate Action Charter, which commits local governments to taking<br />

action on climate change, including planning liveable, sustainable communities,<br />

encouraging green developments and transit-oriented developments, pedestrian and<br />

cycling facilities, and implementing innovation infrastructure technologies<br />

• Agriculture Land Commission Act<br />

Other Resources<br />

• A Guide to Green Choices: Ideas and Practical Advice for Land Use Decisions in BC<br />

• Develop with Care: Environmental Guidelines for Urban and Rural Land Development in<br />

BC<br />

• Resources from Waste: A Guide to Integrated Resource Recovery<br />

• Smart Growth<br />

• Green Bylaws Toolkit for Conserving Sensitive Ecosystems and Green Infrastructure<br />

• The Dock Primer, The Shore Primer, Land Development Guidelines for the Protection <strong>of</strong><br />

Aquatic Habitat (DFO) (and other documents on the DFO website)<br />

• Environmental Guidelines for Urban and Rural Land Development in BC, Ministry <strong>of</strong><br />

Environment, 2006<br />

• Planning for the Future; Age-friendly & Disability-friendly Official Community Plans,<br />

Rebekah Mahaffey<br />

• Protect our Forests and Rangeland, BC Government Brochure<br />

Where the RDNO does not have jurisdiction, the OCP may only state broad goals related to the topic.<br />

The following regulatory bodies have jurisdiction on certain matters and have been consulted in the<br />

OCP preparation process:<br />

• Agricultural Land Commission,<br />

• Fisheries and Oceans Canada,<br />

• Interior Health Authority/Ministry <strong>of</strong> Health Services,<br />

• Ministry <strong>of</strong> Agriculture,<br />

• Ministry <strong>of</strong> Community, Sport and Cultural Development<br />

• Ministry <strong>of</strong> Energy and Mines,<br />

• Ministry <strong>of</strong> Environment,<br />

• Ministry <strong>of</strong> Forests, Mines and LandsLands, and Natural Resource Operations,<br />

• Ministry <strong>of</strong> Transportation and Infrastructure,<br />

• Ministry <strong>of</strong> Tourism, Trade and InvestmentJobs, Tourism and Innovation,<br />

• School <strong>District</strong> No. 22, and<br />

• First Nations – <strong>Okanagan</strong> Indian Band and Splatsin (Spallumcheen) Indian Band.<br />

The Growth Strategies Act and the Local Government Act provide mechanisms to link local<br />

community plans with regional plans. At the time this OCP was written, the RNDO had not yet<br />

adopted its <strong>Regional</strong> Growth Strategy.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

PLAN CONTEXT<br />

2<br />

2.1 DEMOGRAPHICS AND GROWTH TRENDS<br />

The most comprehensive statistical pr<strong>of</strong>ile <strong>of</strong> the plan area is collected by Statistics Canada every<br />

5 years. The most recent census was done in 2006. As shown in Figure 1.1, Electoral Areas ‘D’ and<br />

‘E’ cover a larger geographic area than the plan area; however the census data is representative<br />

because most <strong>of</strong> the population resides within the plan area boundary.<br />

Population growth trends are summarized in Figure 2.1. Statistics Canada reports a combined 2006<br />

population for the two Electoral Areas <strong>of</strong> 3771. This reflects a 5% decline from 1996 when the census<br />

reported 3,969 persons in the 2 Electoral Areas. This population decline contrasts the +5.2% growth<br />

rate for the whole <strong>of</strong> BC in the same period. Reasons attributed to the population decline include: an<br />

aging population; smaller household size; fewer job opportunities in the resource sector resulting in an<br />

exodus from the area <strong>of</strong> young families; and potentially, changes in the Census Canada reporting<br />

system that affect data comparability across years.<br />

Figure 2.1: Growth Trends<br />

Source: Statistics Canada Census 1971 - 2006<br />

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Figure 2.2 provides an overview <strong>of</strong> the current population and shows an area where: “family”<br />

household size is similar to the provincial average; most families are married or common-law families;<br />

and, there is a low mobility rate (persons moving). It is significant that there are a high percentage <strong>of</strong><br />

households with two adults and no children. Likely these are households that have raised their<br />

children and are remaining in the family home.<br />

Figure 2.2: Population Overview, 2006<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Population<br />

Characteristics<br />

ELECTORAL AREA<br />

D E BC<br />

Private occupied dwellings 1110 365<br />

Census families 920 270<br />

Census families with children 790 240<br />

at home<br />

Persons (avg.) in census<br />

2.8 2.8 2.9<br />

families<br />

Children at home under 18<br />

years 665 180<br />

Population 2837 934<br />

Lived at same address 1 year<br />

ago (non movers) 2465 840<br />

Median Age 43.4 44.9 40.8<br />

Figure 2.3: Population Pr<strong>of</strong>ile<br />

Source: Statistics Canada Census, 2006<br />

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Figure 2.3 reveals the following demographic characteristics:<br />

• higher than average number <strong>of</strong> teens<br />

• fewer people 20 to 44 years<br />

• higher than average numbers <strong>of</strong> older adults 45 – 64<br />

Although many <strong>of</strong> the area’s households still contain children, the aging <strong>of</strong> the population generally<br />

means a trend towards smaller household sizes. Over time (5 – 10 years) this may be followed by<br />

some household downsizing and/or a demand for new services to support the changing household<br />

demographic (e.g. home support services for seniors).<br />

2.2 HOUSING<br />

The 2006 Census data for RDNO, Electoral Areas ‘D’ and ‘E’ indicate the following general trends<br />

related to housing.<br />

• Total number <strong>of</strong> private dwellings—1654<br />

• Total number <strong>of</strong> owned dwellings—1315<br />

• Total number <strong>of</strong> rented dwellings—170<br />

• Number <strong>of</strong> dwellings constructed before 1986—945 (64%) (in BC as a whole – 62%)<br />

• Number <strong>of</strong> dwellings constructed after 1986—540 (36%)<br />

• Dwellings requiring major repair as a % <strong>of</strong> total occupied private dwellings—Area ‘D’ 14.8%;<br />

Area ‘E’ 5.5% (7.4% in BC as a whole)<br />

• Average value <strong>of</strong> owned dwelling – Area ‘D’ $328,952; Area ‘E’ $254,292 ($418,703 for BC<br />

as a whole)<br />

• Average number <strong>of</strong> rooms per dwelling—Area ‘D’ 7.2 rooms; Area ‘E’ 5.9 rooms (6.4 rooms<br />

in BC as a whole)<br />

Electoral Area<br />

Housing D E BC<br />

Single detached housing as a<br />

% <strong>of</strong> total occupied dwellings 89.7% 49.2%<br />

Median Monthly Payments<br />

• Rented dwelling $501 $527 $752<br />

• Owner-occupied dwellings $617 $358 $876<br />

Source: Statistics Canada Census, 2006<br />

It is significant that the area contains a very high percentage <strong>of</strong> single family homes and that in<br />

Cherryville, particularly; this housing is affordable relative to provincial averages. Although this area<br />

does not have a large supply <strong>of</strong> rental housing, this housing is more affordable than in BC as a whole.<br />

It is also evident that the bulk <strong>of</strong> the housing was built before the mid 1980’s.<br />

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Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

2.3 DEVELOPMENT INVENTORY AND OPPORTUNITIES<br />

Figure 2.5 provides an inventory <strong>of</strong> lots in the plan area based on current OCP land use<br />

designationsidentifies vacant lots with land use designations that support future development based<br />

on the existing OCP land use designations and the 2010 BC Assessment data. For the purpose <strong>of</strong><br />

this inventory, vacant lots are lots with no assessed value. The inventory does not include vacant lots<br />

in the ALR because these lands are used for agriculture (e.g. Richlands) and are generally<br />

unavailable for residential development. As shown in Figure 2.5, the majority <strong>of</strong> vacant land with<br />

development potential is located in areas designated for Country Residential use (>2 ha). This supply<br />

can meet the most optimistic growth trend presented in Figure 2.1. With growth atrate <strong>of</strong> 1.5% over<br />

20 10 years, there would be a demand for an additional 475 units (230 units at 2.8 persons per unit).<br />

Figure 2.5: Existing Development Opportunities<br />

Development Area<br />

Land Use<br />

Designation<br />

Existing Units<br />

(est.)<br />

Potential Units<br />

Subdivision (est.<br />

units)<br />

• McInnes Road/ Rawlings<br />

Country<br />

80 130 210<br />

Lake Road<br />

Residential<br />

• Cherryville: Aumond Road/<br />

Sugar Lake Road<br />

Country<br />

Residential & 100 60 160<br />

Small Holdings<br />

• Lumby: Lady Slipper Road/<br />

Birch Road<br />

Country<br />

Residential & 40 20 60<br />

Small Holdings<br />

• Lumby: Hart Hurt Road/Mabel<br />

Lake Road<br />

Country<br />

Residential & 80 10 90<br />

Small Holdings<br />

Total 300 220 520<br />

Total<br />

Figure 2.6 summarizes building permit activity in the plan area as an estimate <strong>of</strong> current development<br />

activity. The building data incudes all types <strong>of</strong> construction (e.g. renovations, accessory buildings and<br />

non-residential uses) and there are <strong>of</strong>ten multiple permits for a single property. The data, therefore<br />

over represents development activity and yet is similar to our projection for optimistic growth<br />

conditions (23 units/year at 1.5% growth).<br />

Figure 2.6: Recent Building Permits (BP) and Authorizations to Construct (AC) 1<br />

Year Received 2009 2008 2007<br />

Application AC BP AC BP AC BP<br />

Area D 10 14 13 17 13 25<br />

Area E 7 0 8 2 10 5<br />

Total 17 14 21 19 23 30<br />

31 40 53<br />

1<br />

Includes all permits and authorizations including construction, renovations, accessory buildings, etc. over<br />

$25,000.<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

2.4 HEALTH AND SOCIO-ECONOMIC INDICATORS<br />

Figure 2.7 demonstrates that while average household incomes are generally lower in the plan area<br />

than provincially, low income households (e.g. failing to meet housing affordability criteria) are<br />

proportionally less frequent in Area ‘E’ (6.7%) than in British Columbia as a whole (13.1%)(Figure<br />

2.8). It is likely that less expensive housing and lower operating costs are contributing to more<br />

affordable living conditions.<br />

Figure 2.7: Income (2005) (Median after tax income – all private households)<br />

Income ($)<br />

$50,000<br />

$45,000<br />

$40,000<br />

$35,000<br />

$30,000<br />

$25,000<br />

$20,000<br />

$15,000<br />

$10,000<br />

$5,000<br />

$-<br />

$39,055<br />

Source: Statistics Canada, 2006<br />

$30,852<br />

$46,472<br />

Area D Area E British Columbia<br />

Area<br />

Figure 2.8: Housing Affordability (% <strong>of</strong> households in low income positions after tax)<br />

14.0%<br />

13.1% 13.1%<br />

Percent<br />

12.0%<br />

10.0%<br />

8.0%<br />

6.0%<br />

4.0%<br />

2.0%<br />

6.7%<br />

0.0%<br />

Area E Area D British Columbia<br />

Source: Statistics Canada, 2006<br />

Area<br />

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Recommended Revisions for<br />

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The two largest employment sectors in Area ‘D’ and ‘E’ are agriculture/resources and services. The<br />

resource sectors have been negatively impacted by global recessions in the past three years and<br />

changes in the structure <strong>of</strong> the forest industry. The community is interested in strategies to raise<br />

employment opportunities in the plan area.<br />

2.5 FIRST NATION COMMUNITIES<br />

There are no reserves within or adjacent to the plan area. The two nearest neighbouring reserves<br />

belong to the <strong>Okanagan</strong> Indian Band and the Splatsin (Spallmucheen) Indian Band.<br />

The <strong>Okanagan</strong> and Splatsin Bands have lived on the lands in their traditional territory for thousands <strong>of</strong><br />

years. Both Bands maintain traditional spiritual and practical interest in the crown lands within the<br />

plan area and have an interest in the planning process and policies.<br />

2.6 PLANNING CONSIDERATIONS<br />

The review <strong>of</strong> the plan area identifies several trends and conditions to be considered in planning for<br />

the future.<br />

• There will be fewer young people and many will continue to leave the area to find work or to<br />

further their education.<br />

• There is a loss <strong>of</strong> job opportunities in traditional resource sectors.<br />

• Older workers will be retiring, and their well-paying senior positions may not remain<br />

• The proportion <strong>of</strong> seniors will continue to rise but older seniors have not traditionally stayed in<br />

this area. New opportunities for specialized housing and services are necessary to keep<br />

seniors.<br />

• Housing is affordable for existing residents but it may not be affordable for new home<br />

purchasers.<br />

• The area will continue to be a good place to raise children, but a ‘family friendly’ community<br />

requires good access to education. There has been a recent increase in young (0-4 years) but<br />

this will not <strong>of</strong>fset the declining number <strong>of</strong> older teenaged students.<br />

• <strong>Regional</strong> projections anticipate that in-migration to the <strong>Okanagan</strong> region will be the largest<br />

driver <strong>of</strong> growth. Most <strong>of</strong> this growth is projected for the urban areas (Vernon, Lumby,<br />

Coldstream and Electoral Areas ‘B’ & ‘C’). There may also be potential for baby boomer<br />

migration to impact the growth <strong>of</strong> rural areas, particularly in the demand for rural hobby farm<br />

style housing.<br />

• An increase <strong>of</strong> home based business may provide local employment and drive a demand for<br />

more local support services.<br />

Over the last 10 years there have been many important local, regional, provincial and global changes<br />

that affect the way we plan our communities:<br />

• Global awareness <strong>of</strong> climate change and potential local impacts.<br />

• Fewer births than deaths throughout the western world with the result that the population is<br />

rapidly aging.<br />

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• Large scale recession and pull-back in the markets.<br />

• Heightened awareness <strong>of</strong> the importance <strong>of</strong> “sustainability”, in all forms—financial, social,<br />

economic, physical where many residents have chosen to live a life <strong>of</strong> “voluntary simplicity”<br />

where “simple living is not about a life <strong>of</strong> poverty, but a life <strong>of</strong> purpose. By embracing an<br />

existence characterized by ecological awareness, frugal consumption and personal growth,<br />

we can change our lives.” 1 .<br />

• Legislative changes in BC that give local governments more tools and more responsibilities<br />

(including planning for energy, water conservation and Green House Gas reduction).<br />

• Changes in the role that resource industries play in the local economy.<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

• Changes in the level <strong>of</strong> services available (e.g. water supply) and changes in the level <strong>of</strong><br />

servicing expected.<br />

• Increased challenges for lower income households in the region, manifesting itself particularly<br />

in the cost <strong>of</strong> housing, both rental and ownership.<br />

1 Mother Earth News – October/November 2010; Voluntary Simplicity: Outwardly Simple, Inwardly Rich.<br />

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ENVIRONMENT<br />

3<br />

3.1 CONTEXT<br />

Electoral Area ‘D’ and ‘E’ encompass the rural areas surrounding Lumby and Cherryville in the middle<br />

Shuswap River Watershed. These two electoral areas take in Sugar Lake, the Shuswap River valley<br />

as it courses south, west and north into Mabel Lake (and includes the south end <strong>of</strong> the lake). These<br />

areas have a strong rural character focusing on agricultural and forestry sectors, as well as tourism<br />

and the recreation opportunities afforded by mountains, lakes, rivers and pastoral settings.<br />

The area is geographically diverse with flat-bottomed river valleys, steep hillsides, forest lands, lands<br />

with high agricultural capability, and lands with low capability. There are also broad expanses <strong>of</strong> land<br />

at higher elevations such as Trinity Valley and Richlands.<br />

There are several physical factors that limit options for community development. Steep hillsides and<br />

floodplain areas severely restrict areas where community growth can safely be accommodated. Also,<br />

it should be noted that regulatory factors such as the Agricultural Land Reserve place further limits on<br />

where the community can provide housing and other developments that are essential for the<br />

community.<br />

The Community Plan area contains a diversity <strong>of</strong> natural features such as lakes, streams, hills,<br />

valleys, forests and open space within a small area. These features exemplify the interesting and<br />

unique landscape <strong>of</strong> this part <strong>of</strong> the <strong>Regional</strong> <strong>District</strong>. The biogeoclimatic zones start with Interior<br />

Douglas Fir forests on the valley bottoms and go through several transitions as elevations increase.<br />

Forest types include Cedar-Hemlock, Montane Spruce, Englemann Spruce / sub-alpine fir and even<br />

alpine tundra on the top <strong>of</strong> several mountains. These diverse natural conditions are strong factors for<br />

attracting people to the area.<br />

Many <strong>of</strong> the natural features are in a delicate balance that may be easily disturbed by pollution, and<br />

unsightly development. Natural features may be retained by ensuring thoughtful development. The<br />

plan area contains several significant natural features that not only are important landmarks; they help<br />

define the community and its landscapes.<br />

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Rawlings Lake<br />

The lake and surrounding marsh are very prolific for waterfowl production. On the Canada Land<br />

Inventory, this area is rated as Class 1, the highest rating.<br />

The lake and marsh should be protected by retaining the zoning in large parcels.<br />

Camel’s Hump<br />

Camel’s Hump is a prominent mountain east <strong>of</strong> Lumby which resembles a camel’s hump, and which is<br />

<strong>of</strong>ten climbed by hikers and climbers. Access to it is from Creighton Valley Road, and across private<br />

landlogging roads.<br />

Public access to Camel’s Hump should be continued in order that the public can walk There continues<br />

to be interest in public access to the top <strong>of</strong> this mountain. In the future, the RDNO may want to work<br />

with the province to pursue an adaptive management approach that can respond to potential user<br />

conflicts.<br />

Shuswap Falls<br />

The falls are unique in the <strong>Okanagan</strong> as the whole Shuswap River drops 21 metres over a series <strong>of</strong><br />

falls. Although some <strong>of</strong> the flow goes through the penstocks to create electricity, at periods <strong>of</strong> high<br />

water or generator shutdown there is a large flow over the falls.<br />

The falls are a natural feature, but in 1929 a dam was constructed to raise the water level, and<br />

penstocks and a generating station were installed to provide electrical power for Lumby and Vernon.<br />

Prior to that time, fish may have been able to ascend the falls, but now the dam prohibits that<br />

movement.<br />

The falls are accessible from a day use park and observation platform provided for and maintained by<br />

B.C. Hydro. In addition, Hydro provides a canoe landing launching area and portage around the falls.<br />

The penstocks and generating station are not accessible to the public, although they are a rare<br />

example <strong>of</strong> small-scale hydroelectric power development that was common in the early part <strong>of</strong> this<br />

century.<br />

RDNO requires developers to consider flood hazards and provide appropriate building setbacks and<br />

elevations. Developers may be required to assess flood hazard potential as part <strong>of</strong> their development<br />

application process.<br />

In 2007, the British Columbia Climate Action Charter was introduced creating a partnership between<br />

the Province and local governments to reduce greenhouse gas (GHG) emissions and positively affect<br />

climate change. The <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> became a signatory <strong>of</strong> the Climate Action<br />

Charter.<br />

In 2008, Bill 27, The Local Government (Green Communities) Statutes Act, was introduced by the<br />

Province mandating all local governments to include GHG reduction targets, policies and actions in all<br />

Official Community Plans and Rural Land Use Bylaws committing local governments to influence the<br />

reduction <strong>of</strong> community-wide emissions through various planning tools.<br />

The RDNO has reviewed regional target options and has concluded that a conservative regional<br />

target <strong>of</strong> 25% by 2020 is realistic, with potential to achieve a more aggressive target <strong>of</strong> 33%. Locally,<br />

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December 8, 2011 - Item F.1<br />

based on pre-policy research, it was determined that Area D could achieve a 17% reduction and<br />

Area E a 213% reduction thereby supporting the 25% as conservative and achievable for this area.<br />

3.2 ENVIRONMENTALLY SENSITIVE AREAS POLICIES<br />

3.2.1 Limited mapping is presently available to record<br />

environmentally sensitive areas in the plan area. The<br />

RDNO supports efforts to prepare a Sensitive<br />

Ecosystem Inventory (SEI) for the plan area and<br />

recognizes that the community wishes to be involved<br />

in this process. Sensitive environments may include:<br />

a. lands with ecological significance as habitat for<br />

pants plants and animals that are rare or<br />

endangered species (blue listed species mapped on Schedule C);<br />

b. habitat that supports a cluster <strong>of</strong> rare species or great biodiversity<br />

c. land that is distinctive from surrounding areas that do not have the same<br />

characteristics <strong>of</strong> ‘sensitivity’;<br />

d. land that is easily damaged or erodible (e.g. grasslands);<br />

e. wetlands or areas within a specified distance <strong>of</strong> a wetland (see riparian area<br />

policies); and,<br />

f. lands that have limited resiliency to disturbances or demonstrate slow rates <strong>of</strong><br />

natural recovery after disturbance.<br />

3.2.2 Where appropriate, the <strong>Regional</strong> <strong>District</strong> may use one or more <strong>of</strong> the following tools to<br />

direct development away from Environmentally Sensitive Areas:<br />

a. Development Permit Areas;<br />

b. covenants registered under section 219 <strong>of</strong> the Land Titles Act;<br />

c. bare land strata to allow flexibility in conserving the feature or area;<br />

d. density bonus transfer or density averaging, to the developable portion <strong>of</strong> the site;<br />

e. development variance permits to vary conditions other than use or density; and/or<br />

f. voluntary stewardship such as contracts, leases or trusts to protect the feature or<br />

area.<br />

3.2.3 For Commercial and Industrial Development OCP Amendment Applications and/or<br />

Rezoning Applications, the RDNO may request a detailed Environmental Review <strong>of</strong><br />

environmentally sensitive areas consistent with the regulations <strong>of</strong> the LGA 920.1(1)<br />

and as specified in a Development Approval Information Bylaw if adopted by the<br />

RDNO. The environmental objective <strong>of</strong> the Environmental Review is to aid the RDNO<br />

when making decisions about the impacts <strong>of</strong> development on sensitive ecosystems.<br />

review shall be conducted by a Qualified Environmental Pr<strong>of</strong>essional (QEP) and the<br />

review should include recommendations on the management <strong>of</strong> sensitive conditions<br />

relating to the natural environment <strong>of</strong> the area affected. Environmental management<br />

mechanisms that may be considered are;<br />

3.5.1 The establishment <strong>of</strong> an Environmental Reserve designation where development on<br />

private lands in sensitive areas is protected from adverse development. Passive uses, with<br />

minimal impact on the applicable area would be supported within the Environmental Reserve<br />

designation. Developments acceptable in the reserve area would include trails, interpretive<br />

signs, benches and other similar types <strong>of</strong> passive recreation, conservation or environmental<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

protection and management purpose or represent some other public benefit to the<br />

community that would not compromise the environmental sensitivity <strong>of</strong> the area.<br />

3.5.2 The use <strong>of</strong> Conservation Agreements, with the <strong>Regional</strong> <strong>District</strong> as a party to the<br />

agreement, to protect sensitive areas and implement conditions and recommendations <strong>of</strong><br />

any environmental reviews conducted through the development approval process.<br />

3.5.3 A Conservation Zone or Environmental Reserve designation may be assigned to land<br />

covenanted or deeded against further development or use, including common property in<br />

strata title subdivisions.<br />

3.5.4 Owners entering into Conservation Agreements and placing voluntary conservation<br />

covenants on their land shall not be deprived <strong>of</strong> the privilege to enjoy land as their own but<br />

they may not close, fence or otherwise obstruct any adjoining public route <strong>of</strong> access.<br />

Developments acceptable in the covenanted area could include trails, interpretive signs,<br />

benches and other similar types <strong>of</strong> passive recreation, conservation or environmental<br />

protection and management purpose or represent some other public benefit to the<br />

community and not compromise the environmental sensitivity <strong>of</strong> the area.<br />

3.5.5 The <strong>Regional</strong> <strong>District</strong> has a park function and may take responsibility for the long term<br />

management <strong>of</strong> the lands that are designated as parkland and protected through<br />

Conservation Agreements.<br />

3.2.4 Areas <strong>of</strong> major importance to wildlife as inventoried on Schedule C should be protected<br />

by retaining the parcels as large lots Large Holdings or Non-Urban designations.<br />

3.2.5 Support the efforts <strong>of</strong> community organizations such as <strong>North</strong> <strong>Okanagan</strong> Parks and<br />

Natural Areas Trust (NOPNAT), an organization dedicated to preserving the natural<br />

areas <strong>of</strong> the <strong>North</strong> <strong>Okanagan</strong> for the enjoyment <strong>of</strong> present and future generations.<br />

3.2.6 The <strong>Regional</strong> <strong>District</strong> considers that the Shuswap River Watershed, including Sugar<br />

Lake, Mabel Lake, the Shuswap River, and other watercourses and water bodies<br />

shown on Schedule C are environmentally sensitive to development. Disturbances<br />

caused by development in these areas can have long lasting and negative effects on<br />

the ecosystem if development is not managed properly.<br />

3.3 WATERCOURSES AND RIPARIAN AREAS POLICIES<br />

In 2010 the <strong>Regional</strong> <strong>District</strong> launched the<br />

Shuswap River Watershed Sustainability Plan<br />

(SRWSP) and process. The goal is to work with<br />

rural residents, community citizens, local<br />

organizations, municipal, provincial & federal<br />

governments, first nations and non-governmental<br />

agencies to achieve the sustainable management<br />

<strong>of</strong> the watershed. One <strong>of</strong> the main objectives is to<br />

protect and manage the quality and quantity <strong>of</strong><br />

water within the watershed to ensure long-term<br />

preservation <strong>of</strong> the water resource. To reinforce<br />

this objective, the community has indicated they<br />

are opposed to the sale <strong>of</strong> any water as a commodity, and oppose any inter-basin<br />

transfers <strong>of</strong> water. The SRWSP planning process will complement and integrate with<br />

the goals and objectives <strong>of</strong> the Shuswap Lake Integrated Planning Process (SLIPP). A<br />

number <strong>of</strong> the following policies will be addressed in the planning process.<br />

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3.3.1 Encourage federal and provincial agencies to continue monitoring issues <strong>of</strong><br />

environmental importance, particularly water quality in local watercourses.<br />

3.3.2 Programs that enhance the fish capability <strong>of</strong> watercourses should be encouraged,<br />

including installation <strong>of</strong> fish ladders at BC Hydro’s Shuswap Falls facility.<br />

3.3.3 Co-operate with senior governments to provide a coordinated strategy for the<br />

stewardship <strong>of</strong> watercourses to ensure that no harmful alteration, disruption and/or<br />

destruction <strong>of</strong> fish habitat occurs recognizing the framework <strong>of</strong> the Provincial Riparian<br />

Areas Regulation. The <strong>Regional</strong> <strong>District</strong> designates all watercourses as part <strong>of</strong> the<br />

Riparian Development Permit Area. Schedule C identifies known watercourses in the<br />

plan area using the Provincial TRIM 1:20,000 map but may not include all watercourse<br />

locations. Accordingly, the <strong>Regional</strong> <strong>District</strong> may require additional technical research<br />

as part <strong>of</strong> the approval process. Given the lack <strong>of</strong> comprehensive watercourse data, it<br />

is recommended that in situations where a property owner maintains that development<br />

is outside <strong>of</strong> a watercourse area, the <strong>Regional</strong> <strong>District</strong> may require confirmation from a<br />

Qualified Environmental Pr<strong>of</strong>essional (QEP) that the proposed development is not<br />

within a riparian watercourse area.<br />

3.4 WILDLIFE POLICIES<br />

3.4.1 Work co-operatively with the Federal and Provincial government agencies to protect<br />

wildlife and wildlife habitat.<br />

3.4.2 Consider developing a Bear Aware Strategy to minimize the potential <strong>of</strong> bear/human<br />

interactions.<br />

3.4.3 Require the connectivity and movement <strong>of</strong> threatened and endangered species be<br />

considered as part <strong>of</strong> neighbourhood planning projects and OCP Amendment<br />

applications or rezoning applications. This process will assess opportunities to use<br />

such tools as the transfer <strong>of</strong> density, density bonusing, land trusts, covenants, parkland<br />

dedication or development agreements to conserve corridors <strong>of</strong> “sensitive<br />

ecosystems”.<br />

3.4.33.4.4 Work with relevant agencies, including the Ministry <strong>of</strong> Environment and the<br />

RCMP to develop a “no shooting” strategy in populated areas <strong>of</strong> Cherryville.<br />

3.5 FLOODPLAINS & ALLUVIAL FANS POLICIES<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

3.5.63.5.1 When mobile homes or buildings to be used for habitation, business, the<br />

storage <strong>of</strong> goods damageable by floodwaters or materials that can pollute<br />

watercourses, are to be located or constructed in any area subject to flooding, such<br />

buildings or mobile homes shall be flood pro<strong>of</strong>ed in accordance with the flood pro<strong>of</strong>ing<br />

requirements <strong>of</strong> the relevant governing agency. These requirements shall be contained<br />

in the appropriate implementing bylaws.<br />

3.5.73.5.2 Alluvial fans and the floodplains <strong>of</strong> the Shuswap River, Bessette Creek and<br />

Duteau Creek and as shown on Schedule C are considered Hazardous Lands<br />

Development Permit Areas and are subject to the guidelines established in the<br />

Development Permit Section <strong>of</strong> this Plan (Section 12.3).<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

3.6 WILDFIRE POLICIES<br />

3.6.1 The <strong>Regional</strong> <strong>District</strong> will, in co-operation with the appropriate agencies, continue to<br />

work towards developing strategies and procedures to prevent interface fires. The<br />

RDNO will encourage proactive stand treatments to reduce fire hazards on Crown land<br />

adjacent to rural interface areas.<br />

3.6.2 It is recognized that all areas within the OCP plan area are generally susceptible to<br />

wildfire risks and development should be consistent with provincial Best Practices for<br />

reducing risk <strong>of</strong> loss from wildfires.<br />

3.6.3 Work with the Ministry <strong>of</strong> Forests, Mines and LandsLands and Natural Resource<br />

Operations to establish wildfire risk mapping for the plan area and subsequently<br />

evaluating and approving new developments in areas where fire hazard is high.<br />

a. Prior to undertaking any subdivision or land use development that will create four or<br />

more parcels or dwelling units within a high wildfire hazard area, the landowner<br />

shall will provide the <strong>Regional</strong> <strong>District</strong> with a Wildfire Hazard Assessment Report<br />

for the proposed development, prepared by a Registered Pr<strong>of</strong>essional Forester<br />

licensed registered in BC or an equivalent quality pr<strong>of</strong>essional. The Wildfire<br />

Hazard Assessment Report shall: assess the current wildfire hazard, assess<br />

conditions on the site and neighbouring lands, evaluate the proposed development<br />

for wildfire susceptibility, and provide Fire Smart wildfire hazard mitigation<br />

recommendations to reduce the hazard <strong>of</strong> wildfire for the land and buildings to<br />

moderate or lower. The recommendations <strong>of</strong> the Wildfire Hazard Assessment<br />

Report shall be implemented during development and written into a restrictive<br />

covenant to be registered on a property title advising the property owner <strong>of</strong> the<br />

ongoing responsibility to manage their land and buildings in accordance with the<br />

recommendations <strong>of</strong> the Wildfire Hazard Assessment Report.<br />

b. For any subdivision or land use development that will create fewer than four<br />

parcels or dwelling units in a high wildfire hazard area, and for any subdivision or<br />

land use development in a moderate wildfire hazard area, the property owner<br />

should register a standard restrictive covenant on the property title outlining specific<br />

wildfire mitigation practices for building construction and land management that the<br />

landowners should implement over the long term to reduce wildfire hazard in their<br />

development.<br />

3.6.4 Continue to work on education related to Fire Smart and appropriate codes <strong>of</strong> conduct<br />

related to wildfire in rural areas.<br />

3.6.5 Encourage new construction using “fire smartFire Smart” principles, balanced with<br />

interests in maintaining rural character.<br />

3.6.6 Encourage harvesting <strong>of</strong> health-damaged trees and replanting <strong>of</strong> infected or damaged<br />

forest areas.<br />

3.6.7 Work with community and other government groups to ensure evacuation plans are<br />

prepared and implemented and kept up to date.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

3.7 TREE RETENTION AND TREE EXPANSION POLICIES<br />

3.7.1 Encourage, where possible, developers to retain and expand natural tree cover when<br />

developing their properties while being consistent with policies above. Tree retention<br />

and expansion is particularly encouraged along road frontages, natural watercourses<br />

and areas that are visually significant or where riparian areas can be enhanced.<br />

3.8.1 As a result <strong>of</strong> a QEP assessment, the <strong>Regional</strong> <strong>District</strong> may recommend against the<br />

removal <strong>of</strong> vegetation on lands considered to be environmentally sensitive or where<br />

such removal may increase hazards such as rock fall, landslide, soil instability or<br />

flooding as part <strong>of</strong> the Development Permit process. In some instances, the <strong>Regional</strong><br />

<strong>District</strong> may encourage planting to stabilize and enhance such lands.<br />

3.8 HAZARDOUS CONDITIONS POLICIES<br />

3.8.23.8.1 Hazardous conditions <strong>of</strong> concern to the <strong>Regional</strong> <strong>District</strong> includeand addressed<br />

through the Development Permit Area process are:<br />

a. areas <strong>of</strong> steep slopes (slopes in excess <strong>of</strong> 30%);<br />

b. rockfall/rolling rock hazard areas;<br />

c. landslides, land slip, subsidence or avalanche areas;<br />

d.a. floodplains; and,<br />

e.b. alluvial fans<br />

3.8.33.8.2 All lands subject to hazardous conditions within the plan area are subject to the<br />

A Hazardous Area Lands Development Permit Area. A Development Permit may be<br />

required prior to subdivision or building permit applications.<br />

a. A rezoning application may require an overall assessment <strong>of</strong> the site for<br />

development suitability (from conditions both on and <strong>of</strong>f the site) prepared by a<br />

pr<strong>of</strong>essional engineer and geoscientist licensed in BC specializing in geotechnical<br />

issues. Further detailed information may be required as a result <strong>of</strong> the assessment.<br />

b. A subdivision application may require a detailed Hazard Report (from conditions<br />

both on and <strong>of</strong>f the site) specifying ways to reduce that hazard to a safe level and<br />

prepared by a pr<strong>of</strong>essional engineer or geoscientist licensed in BC specializing in<br />

geotechnical assessment. The pr<strong>of</strong>essional engineer will be required to determine<br />

an adequate level <strong>of</strong> safety given the type <strong>of</strong> hazard and the land use proposed.<br />

Completion <strong>of</strong> works that reduce the hazard may be required prior to subdivision<br />

approval depending upon the content <strong>of</strong> the report.<br />

3.8.43.8.3 Responding to the referral <strong>of</strong> an application for Crown Land tenure, the<br />

<strong>Regional</strong> <strong>District</strong> may request a detailed Hazard Report for the site itself and the effect<br />

upon development in areas neighbouring the site.<br />

3.9 ENERGY AND CONSERVATION POLICIES<br />

3.9.1 Encourage collaboration with other levels <strong>of</strong> government and utilities to address energy<br />

and emissions management and promote best practices in energy efficiency.<br />

3.9.2 Endeavour to participate in senior government programs and initiatives that address<br />

climate change impacts and energy management that help plan for local-scale impacts<br />

<strong>of</strong> climate change.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

3.9.3 Encourage planning, design and construction strategies to minimize greenhouse gas<br />

emissions.<br />

3.9.4 Encourage developers through education to follow best practices in sustainable<br />

development – seeking out leading edge technologies.<br />

3.9.5 Consider creating incentives for responsible development practices by creating an<br />

incentive for green building policy that exchanges developer investment in green<br />

technology for density bonusing, modified development standards or other appropriate<br />

mechanisms. As a performance benchmark the <strong>Regional</strong> <strong>District</strong> may choose to adopt<br />

the Leadership in Energy & Environmental Design (LEED) standards.<br />

3.9.6 Explore strategies to increase recycling options in areas not serviced by the blue bag.<br />

3.9.7 New developments and redevelopments <strong>of</strong> property should consider the<br />

“Environmental Best Management Practices for Urban and Rural Land Development”<br />

(Ministry <strong>of</strong> Environment) and “Develop with Care: Environmental Guidelines for Urban<br />

and Rural Land Development in British Columbia” where applicable.<br />

3.9.8 Encourage and support initiatives to upgrade wood-burning appliances through the<br />

woodstove exchange program.<br />

3.10 CLIMATE CHANGE POLICIES<br />

3.10.1 Bill 27, the Local Government Act, was amended in 2008 to require local government<br />

to integrate targets, policies and strategies for greenhouse gas emissions into their<br />

Official Community Plans by May 2010.<br />

562.01 An <strong>of</strong>ficial development plan under section 562 must include targets for<br />

the reduction <strong>of</strong> greenhouse gas emissions in the area covered by the<br />

plan, and policies and actions <strong>of</strong> the Council proposed with respect to<br />

achieving those targets.<br />

GHG emission targets will be consistent with the overall target <strong>of</strong> the <strong>Regional</strong> <strong>District</strong>,<br />

more particularly, reducing GHG emissions by 25% by the year 2030. Strategies that<br />

will support GHG reductions include:<br />

a. promoting pedestrian and cycling facilities and routes as alternative transportation<br />

options;<br />

b. encouraging home-based businesses and encouraging changes in travel patterns;<br />

c. support provincial and federal programs to encourage energy retr<strong>of</strong>its;<br />

d. support the agricultural sector in developing ways to manage and recover energy;<br />

e. encourage the reduction <strong>of</strong> landfill waste;<br />

f. supporting local food security through local agricultural uses and food processing<br />

and by encouraging community gardens farmers markets to create more food<br />

independence;<br />

g. creating partnerships with local environmental groups to promote and support<br />

energy conservation and climate change initiatives within the <strong>Regional</strong> <strong>District</strong>;<br />

h. a pilot transit project that would support rural residents(e.g. Cherryville) traveling to<br />

Vernon for work or services;<br />

i. supporting Smart Growth planning principles as applicable to rural areas; and<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

j. protection <strong>of</strong> ecosystems that perform essential ecosystem services such as<br />

cleaning air and purifying water, with no net loss <strong>of</strong> forest land.<br />

3.10.2 As a signatory to the Climate Action Charter, the <strong>Regional</strong> <strong>District</strong> will take steps to<br />

address and support the goals <strong>of</strong> the Charter, including becoming carbon neutral in<br />

respect <strong>of</strong> its corporate operations by 2012.<br />

3.10.3 The <strong>Regional</strong> <strong>District</strong> recognizes the need to take a region-wide approach to energy<br />

and emissions planning and may complete a Climate Action Plan and may include<br />

targets, policies and actions in the <strong>Regional</strong> Growth Strategy.<br />

3.10.4 Adopt a “lead by example” approach to energy and emissions planning and will commit<br />

to setting corporate targets, by:<br />

a. seeking funding support for measuring the <strong>Regional</strong> <strong>District</strong>’s carbon footprint by<br />

mapping operations, collecting emissions data and calculating a corporate<br />

footprint, and,<br />

b. identifying best carbon reduction opportunities and setting specific reduction<br />

targets.<br />

3.10.5 Incorporate strategies to reduce greenhouse gas emissions when engaged in major<br />

infrastructure planning and design projects or new facility construction.<br />

3.10.6 Determine which provincially funded initiatives that target the reduction <strong>of</strong> greenhouse<br />

gas emissions are available to the <strong>Regional</strong> <strong>District</strong>.<br />

3.10.7 The <strong>Regional</strong> <strong>District</strong> will explore new economically feasible policies, strategies and<br />

initiatives – passing bylaws when needed, that aim to reduce greenhouse gas<br />

emissions and build environmentally sustainable communities.<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

AGRICULTURAL & RESOURCE USE<br />

4<br />

4.1 INTRODUCTION<br />

The natural resource sector has traditionally been the basis for jobs and economic development in the<br />

plan area. Forestry, particularly logging and forest production have been a significant source <strong>of</strong><br />

employment and income. The <strong>Regional</strong> <strong>District</strong> does not have direct management responsibility <strong>of</strong><br />

forest resources but can have a role in working with the province and to support initiatives that help to<br />

maintain jobs while protecting resources for future generations.<br />

The plan area contains a significant amount <strong>of</strong> land that is designated for Agricultural Use and is<br />

within the Agricultural Land Reserve. These lands typically support land extensive agricultural uses<br />

such as forage and livestock production and contribute to the rural character <strong>of</strong> the area. These lands<br />

continue to be under pressure for rural residential development however, there is also increasing<br />

recognition <strong>of</strong> their role in contributing to a more sustainable future.<br />

4.2 AGRICULTURE POLICIES<br />

4.2.1 Agricultural lands are designated on Schedules B, B1 & B2 and are within the ALR and<br />

the Agricultural Land Commission Act will take precedence.<br />

4.2.2 Lands designated Agricultural and within the ALR are intended to be used for<br />

agricultural purposes and associated uses as allowed by the Land ReserveAgricultural<br />

Land Commission and the <strong>Regional</strong> <strong>District</strong>. All uses and subdivision <strong>of</strong> Agricultural<br />

Land Reserve land, shall be in accordance with the Agricultural Land Commission Act,<br />

regulations thereto or Orders and Policies <strong>of</strong> the Land Reserve Commission.<br />

4.2.3 The minimum parcel size for Agricultural lands shall be 30.5 ha. Large parcel sizes<br />

and setbacks are encouraged and supported through the Zoning Bylaw regulations to<br />

minimize the potential for land use conflicts and to support long term agricultural use<br />

consistent with ALR Agricultural Land Commission Act objectives.<br />

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December 8, 2011 - Item F.1<br />

4.2.4 Support the Agricultural Land Commission in its efforts to protect and enhance<br />

farmland. Where land is in the ALR, minimum parcel sizes shall apply only when the<br />

land is:<br />

a. excluded from the ALR; or<br />

b. approved for subdivision within the ALR pursuant to the Agricultural Land<br />

Commission Act, regulations thereto, or orders <strong>of</strong> the Commission; or<br />

c. exempted by the Agricultural Land Commission Act, regulations thereto, or orders<br />

<strong>of</strong> the Commission.<br />

4.2.5 Agricultural Industrial land uses that support local farm production should be<br />

encouraged. This type <strong>of</strong> agricultural use shall process or manufacture agricultural<br />

products, shall not be intrusive nor <strong>of</strong>fensive to the surrounding area, shall be located<br />

sensitively to avoid high capability soils and shall not contaminate ground or surface<br />

water<br />

4.2.6 Agricultural Industrial uses may be permitted on lands designated as Agricultural<br />

providing these uses are in compliance with the Agricultural Land Commission Act and<br />

the <strong>Regional</strong> <strong>District</strong> Zoning Bylaw, decisions <strong>of</strong> the Land ReserveAgricultural Land<br />

Commission and standards <strong>of</strong> the Ministry <strong>of</strong> Agriculture.<br />

4.2.7 The Land Reserve Boundaries underwent a full comprehensive review through the<br />

2001 OCP process and the revised boundaries are reflected on Schedule B, B1 & B2.<br />

Having successfully completed this review, the RDNO is unlikely to advance additional<br />

requests for exclusions. If an exclusion application is advanced, the application will<br />

need to be supported by a soil analysis conducted by a pr<strong>of</strong>essional agrologist or a soil<br />

scientist, concluding that the land is physically incapable <strong>of</strong> supporting agriculture as<br />

evaluated. Additionally it must be demonstrated that there are no negative impacts on<br />

agriculture. This information is to be provided at the expense <strong>of</strong> the landowner.<br />

4.2.8 The rural character <strong>of</strong> Electoral areas ‘D’ and ‘E’ shall be maintained to encourage the<br />

establishment <strong>of</strong> the widest range <strong>of</strong> agricultural activities. Support <strong>of</strong> programs which<br />

have a positive effect on agricultural activities such as noxious weed control, dog<br />

control, and routing <strong>of</strong> major roads and utilities to avoid farm severance’s, shall be<br />

considered.<br />

4.2.9 Where a non-Agricultural property is adjacent to a property which is in the ALR and a<br />

Subdivision or Development Permit application has been received for the non-<br />

Agricultural property, an appropriate buffer strip will be established and protected by<br />

Covenant on the non-Agricultural property following the “Landscape Buffer<br />

Specifications” published by the Land ReserveAgricultural Land Commission. The<br />

covenant is also intended to increase awareness <strong>of</strong> the right to farm in these areas and<br />

to increase awareness <strong>of</strong> the presence <strong>of</strong> neighbouring agricultural uses and thereby<br />

help to reduce the potential for future land use conflict.<br />

4.2.10 The <strong>Regional</strong> <strong>District</strong> will strongly encourage the Ministry <strong>of</strong> Agriculture and the<br />

Ministry <strong>of</strong> Forests, Mines and LandsLands and Natural Resource Operations to work<br />

with area ranchers to improve range land management practices with a goal to improve<br />

water quality.<br />

4.2.11 Notwithstanding the minimum parcel size required under the present bylaw (30.5 ha),<br />

the Zoning Bylaw may indicate a future minimum lot area for these subdivisions based<br />

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December 8, 2011 - Item F.1<br />

on other land development considerations (e.g. 1.0 ha to support onsite septic disposal<br />

systems). The Zoning Bylaw may make provisions for smaller lots with the approval <strong>of</strong><br />

the ALC for such purposes as roads.<br />

4.2.12 Support ALC policies regarding agri-tourism businesses. An amendment to the Zoning<br />

Bylaw is recommended to ensure consistency between different RDNO areas.<br />

4.2.13 Support the Province’s general policy <strong>of</strong> integrated multiple use land management<br />

such as grazing and timber management recognizing that the subdivision <strong>of</strong> lands is<br />

not supported for these separate uses.<br />

4.2.14 Minimize conflicts between agricultural and other land uses (e.g.<br />

residential/recreational) through the use <strong>of</strong>:<br />

a. agricultural setbacks as specified in Schedule G, Division 16, Zoning Bylaw 1888;<br />

b. supporting public access restrictions where appropriate;<br />

c. minimum distance setbacks for intensive agricultural operations;<br />

d. fencing requirements and landscape buffers;<br />

e. covenants that are registered with new rural subdivisions that recognize existing<br />

neighbouring agricultural use, as applicable:<br />

f. continued liaison with Provincial Ministries and Crown agencies in the planning,<br />

disposition, and management <strong>of</strong> Crown lands; and<br />

g. compliance with the Farm Practices Protection Act (FPPA).<br />

4.2.15 Encourage all farming operations to comply with the followingprovincial regulations and<br />

guidelines as administered by the provinceparticularly as set out in the Environmental<br />

Management Act. Farming operations should include best management practices,<br />

beneficial biosecurity practices, good agricultural practices and compliance with all<br />

regulations and guidelines as administered by the province.<br />

4.2.16 environmental guidelines for farming practices as produced by the provincial ministries;<br />

4.2.17 regulations pertaining to agricultural waste control; and<br />

4.2.18 code <strong>of</strong> Agricultural Practice for Waste Management (Waste Management Act; Health<br />

Act).<br />

4.2.19<br />

4.2.204.2.16 Recognize the importance <strong>of</strong> local food production, processing, distribution and<br />

sale <strong>of</strong> locally grown products. Efforts to improve the local agricultural economy may<br />

include:<br />

a. strategically locating a farmers market;<br />

b. initiatives to increase agricultural awareness;<br />

c. development <strong>of</strong> community gardens;<br />

d. density bonusing for projects providing opportunities for local food production (e.g.,<br />

community gardens or greenhouses); and<br />

e. liaison with the Ministry <strong>of</strong> Agriculture regarding opportunities for hosting local<br />

workshops on ways to enhance opportunities for growing and marketing<br />

economically viable, local agricultural products.<br />

4.2.214.2.17 Encourage strategies that will see large agricultural land holdings retained and<br />

parcels consolidated and operated as single agricultural operations rather than broken<br />

up as individual land tenures with multiple ownership.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

4.2.224.2.18 Wherever possible, future major roads, utility or communication corridors<br />

should be directed away from and around land within the ALR.<br />

4.2.234.2.19 Support local agriculture through favourable consideration <strong>of</strong> proposals that<br />

enhance local agriculture through the strengthening <strong>of</strong> beneficial agricultural practices,<br />

support <strong>of</strong> local food systems, and the expansion <strong>of</strong> local markets and agri-tourism.<br />

The community supports the production <strong>of</strong> organic agricultural farming practices.<br />

4.3 RESOURCE POLICIES<br />

4.3.1 Lands designated for Resource Use on Schedule B, B1 and B2 are the large areas <strong>of</strong><br />

crown land and undeveloped areas bordering the settled community area.<br />

4.3.2 Subdivision <strong>of</strong> these areas is discouraged to minimize rural sprawl and to avoid land<br />

use conflicts between aggregate or forestry and residential uses.<br />

4.3.3 The <strong>Regional</strong> <strong>District</strong> will work with the relevant provincial agencies to ensure that local<br />

community interests are considered as part <strong>of</strong> the future decision making process<br />

relating to these lands. Interests can include such topics as recreation and watershed<br />

concerns.<br />

4.3.4 The minimum parcel size for Resource lands including lands for Forestry uses shall be<br />

30.5 ha. Large parcel sizes and setbacks are encouraged to support large scale<br />

resource activities (e.g. rangeland, woodlots) and to minimize land use conflicts.<br />

Minimum parcel sizes are regulated through the Zoning By-law.<br />

4.3.5 The <strong>Regional</strong> <strong>District</strong> recognizes that the OCP area falls within the <strong>Okanagan</strong> Shuswap<br />

Land & Resource Management Plan (OSLRMP) and that future crown resource land<br />

use decisions will follow the recommendations <strong>of</strong> the OSLRMP.<br />

4.5.1<br />

4.4 FORESTRY POLICIES<br />

4.4.1 Provincial forests within the Resource designation shall be encouraged to be managed<br />

in accordance with economic, environmental and social objectives identified in this<br />

Plan and the objectives and strategies <strong>of</strong> the <strong>Okanagan</strong> Shuswap Land and Resource<br />

Management Plan (OSLRMP).<br />

4.4.2 Lands within the Community Plan area having potential for forest use and wood lot<br />

licences should be maintained in large parcels.<br />

4.4.3 New and existing Community Forests and other forestry tenures are a permitted use<br />

under the Resource designation. The action items for the Cherryville Community<br />

Forest stewardship group are as followsCommunity Stewardship Groups are supported<br />

and potential actions items for these groups include:<br />

a. working with the province to develop a water quality monitoring programs; for<br />

Cherry Creek, Ferry Creek and the Shuswap River to establish a water quality base<br />

line.<br />

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Attachment 1<br />

Recommended Revisions for<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

b. implementing an education program to raise awareness <strong>of</strong> the impacts <strong>of</strong> actions<br />

onr water quality;<br />

c. identifying riparian areas in need <strong>of</strong> protection; and<br />

d. conducting a hydrological mapping exercise to identify potential impacts <strong>of</strong> logging<br />

on the water supply.<br />

4.4.4 Promote a wood friendly culture. One strategy to signify this culture is to adopt a<br />

“wood first” policy designed to link to the Province <strong>of</strong> British Columbia’s Wood First Act.<br />

A wood first policy could contain a number <strong>of</strong> directives including conditions that<br />

require:<br />

4.4.5<br />

4.4.6 all publicly funded buildings to include a detailed description <strong>of</strong> how wood will be used<br />

as a primary building material.<br />

4.4.7 giving favourable consideration to design proposals for publicly funded buildings that<br />

demonstrate a more substantial and/or innovative use <strong>of</strong> wood content as a primary<br />

building material.<br />

4.4.8 support local value added wood industries.<br />

4.4.9 encourage and support education opportunities such as those sponsored through<br />

Wood Works BC or local academic institutes.<br />

4.4.10<br />

4.4.114.4.4 Recognize the significant role <strong>of</strong> independent operators within the local forestry<br />

industry. In many cases their operations will be home-based industries. The <strong>Regional</strong><br />

<strong>District</strong> will give favourable considerations to new initiatives were operators can<br />

successfully mitigate impacts on neighbouring rural properties.<br />

4.4.124.4.5 Support the establishment <strong>of</strong> Community Forests in cooperation with the<br />

Ministry <strong>of</strong> Forests, Mines and Lands Lands and Natural Resource Operations that are<br />

based on sustainable local forest practices and the enhances the local forest industry<br />

(e.g. new jobs, better use <strong>of</strong> resources) for the long term benefit <strong>of</strong> the community.<br />

4.4.134.4.6 The <strong>Regional</strong> <strong>District</strong> will work with the Ministry <strong>of</strong> Forests, Mines and Lands<br />

Lands and Natural Resource Operations and other stakeholders in the forest industry<br />

to protect the forest land base and promote sustainable forest operations while<br />

balancing recreation and other interests. Activities should reference the <strong>Okanagan</strong><br />

Shuswap Land & Resource Management Plan.<br />

4.4.144.4.7 Support public education efforts concerning the value <strong>of</strong> local agricultural<br />

production, forestry, composting, and water conservation.<br />

4.4.154.4.8 Forestry uses shall implement Best Management Practices including practices<br />

that preserve critical watersheds and view sheds and mitigate erosion.<br />

4.4.16 The minimum parcel size for lands supporting Forestry uses and designated for<br />

Resource Use designation shall be 30.5 ha. Large parcel sizes and setbacks are<br />

encouraged to support large scale resource activities (e.g. rangeland) and to minimize<br />

land use conflicts.<br />

4.4.17<br />

4.4.184.4.9 Recognize the role <strong>of</strong> Woodlot Licences as a technique for managing small<br />

parcels <strong>of</strong> crown land together with private holdings, for forestry purposes. The RDNO<br />

may assist the community in working with relevant provincial agencies through term<br />

tenure management where there are community interests on crown lands (e.g. trails).<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

3 When considering the addition <strong>of</strong> new “industrial” resource uses (e.g. mineral<br />

extraction and large scale wood processing) the <strong>Regional</strong> <strong>District</strong> may require a<br />

vegetated natural buffer area, that is a minimum <strong>of</strong> 6m between neighbouring rural<br />

uses. New and Industrial Forest uses may also be subject to the Commercial and<br />

Industrial Permit Area if located on private land.<br />

4.5 SAND, GRAVEL AND OTHER MINERAL EXTRACTION POLICIES<br />

4.5.24.5.1 Land covering areas <strong>of</strong> high mineral and aggregate potential shall be retained<br />

in large parcels (Resource, Non-Urban and Large Holding Zones) to allow for<br />

extraction with minimum conflicts.<br />

4.5.34.5.2 Extraction <strong>of</strong> mineral resources shall be followed by reclamation.<br />

4.5.44.5.3 The <strong>Regional</strong> <strong>District</strong> recognizes that certain properties within the plan area as<br />

shown on Figure 4.1, including areas on Trinity Valley Road and along the boundary <strong>of</strong><br />

the <strong>District</strong> <strong>of</strong> Coldstream have aggregate potential. The <strong>Regional</strong> <strong>District</strong> will have due<br />

regard for these resource values when considering land development proposals within<br />

the general vicinity <strong>of</strong> these deposits.<br />

4.5.54.5.4 The Ministry <strong>of</strong> Energy and Mines encourages the <strong>Regional</strong> <strong>District</strong> to<br />

undertake an evaluation <strong>of</strong> aggregate resources including supply and demand. Figure<br />

4.1 is based on partial information. More areas than shown probably have a high<br />

aggregate potential.<br />

4.5.64.5.5 All mineral exploration and mining activities will continue to be subject to the<br />

Mines Act, Mineral Tenure Act and associated regulations. The <strong>Regional</strong> <strong>District</strong><br />

recognizes that the Ministry <strong>of</strong> Energy and Mines is the primary agency responsible for<br />

managing mining activities on Crown and private lands.<br />

4.5.74.5.6 Sand and gravel extraction and processing may be permitted on large lots<br />

(Resource, Non-Urban, Large Holdings) subject to consistency with Zoning Bylaw<br />

regulations. New uses will require a site specific amendment application and will need<br />

to demonstrate that proposed activities can be conducted in a manner that limits<br />

impacts on neighbouring properties, including: control <strong>of</strong> hours <strong>of</strong> operation; dust<br />

control; screening; access; traffic circulation and site reclamation.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Figure 4.1 Aggregate Deposits and Mineral Claims<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

RURAL, RURAL RESIDENTIAL, & RESIDENTIAL<br />

5<br />

5.1 RURAL LAND USE POLICIES<br />

5.1.1 Low density Rural lands are those used for, or having a potential for resource<br />

extraction and that are not suitable for intensive development because <strong>of</strong> limitations.<br />

These limitations include but are not limited to, elevation, slope, water, accessibility,<br />

distance to community services, disruption <strong>of</strong> existing resource or agricultural uses, or<br />

interference with watershed conservation and are designated in the locations shown on<br />

Schedules B, B1 and B2 as Large Holdings (LH) and Non-Urban (NU).<br />

5.1.2 The minimum parcel size for low density Rural use shall be appropriate to the use, but<br />

in no case shall the minimum parcel size be less than that <strong>of</strong> the Non-Urban zone (7.2<br />

ha) except in those cases where subdivision <strong>of</strong> a smaller lot is permitted by virtue <strong>of</strong> a<br />

road severance under the provisions <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> Zoning Bylaw or Section<br />

946 <strong>of</strong> the Local Government Act.<br />

5.2 RURAL RESIDENTIAL POLICIES<br />

5.2.1 Rural Residential lands are intended to provide an alternate to urban living with lots 1.0<br />

hectare or larger. These lots emphasize an attachment to the lands and utilization for<br />

rural and agricultural uses, but with lesser services and greater distances to community<br />

facilities and shopping. Lands that may be suitable for rezoning to accommodate Rural<br />

Residential land use (subject to policies <strong>of</strong> this section) are shown on Schedules B, B1<br />

and B2 as Country Residential (CR) and Small Holdings (SH). The minimum parcel<br />

size for CR is 2 ha and for SH is 1 ha.<br />

5.2.2 Rural residential lands should conform to the following requirements:<br />

a. outside the Agricultural Land Reserve;<br />

b. not in an area with excessive slopes;<br />

c. not in an area that has high capacity for other uses such as gravel extraction,<br />

mining, or forest development;<br />

d. not subject to flooding or in an area with a high water table; and<br />

e. not subject to excessive expenditures for services such as roads, electric power<br />

and school bussing;<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

f. contains suitable building sites;<br />

g. contains sewage disposal areas;<br />

h. contains adequate water supplies as specified in the Subdivision Servicing Bylaw;<br />

i. does not destroy or alienate important habitat for fish and wildlife; and,<br />

j. does not detrimentally affect neighbouring properties and the community as a<br />

whole.<br />

5.2.3 Future Small Holdings (SH) developments are restricted to areas identified on<br />

Schedules B, B1 and B2. Applications to amend the Zoning Bylaw for the Small<br />

Holdings (SH) Zone should conform to the following requirements:<br />

a. be located in close proximity to local areas with similar residential densities and<br />

services; and<br />

b. the form and character <strong>of</strong> development should not detract from the rural character<br />

<strong>of</strong> the built and natural environment.<br />

5.2.4 Upon receipt <strong>of</strong> a rezoning application for Rural Residential developments, the<br />

<strong>Regional</strong> Board will give consideration to the fire protection issues in the local area.<br />

5.2.5 Subdivision for Rural Residential housing shall be in a manner that will conform to the<br />

physical site characteristics and not produce a continuous expanse <strong>of</strong> housing.<br />

5.2.6 At theWith <strong>Regional</strong> Boards’ discretionapproval, clustering shall be permitted to allow<br />

lots smaller than the minimum <strong>of</strong> the applicable zone provided that the number <strong>of</strong> lots<br />

in the cluster does not defeat the objectives <strong>of</strong> maintaining a rural area and the overall<br />

density is maintained.<br />

5.2.7 Within the plan area there are three (3) areas that currently support existing residential<br />

densities; : Whitevale; <strong>North</strong> <strong>of</strong> Lumby; and, the trailer park in Cherryville. These<br />

developments are not representative <strong>of</strong> the rural development supported in this plan<br />

and new designations are NOT contemplated except as outlined in 5.3.3. Challenges<br />

facing these development formats in rural areas include:<br />

a. transportation- focus on personal automobile;<br />

b. amenity space – local public spaces are limited;<br />

c. servicing – densities require community water and sewer;<br />

d. public opinion – neighbours do not support higher densities; and<br />

e. energy – sustainability policies encourage concentrated, infill development and<br />

discourage sprawl.<br />

5.2.8 Pursuant to Section 904 <strong>of</strong> the Local Government Act, the <strong>Regional</strong> Board may apply a<br />

bonus density to a maximum <strong>of</strong> 20% for Small Holdings (SH) designations without<br />

amendment to this Plan where application for amendment to the Zoning Bylaw<br />

proposes a minimum <strong>of</strong> 10% <strong>of</strong> additional land is dedicated for the following community<br />

or site amenities:<br />

a. dedication <strong>of</strong> parkland, linear parkland and/or Greenways where their location<br />

conforms to Parks dedicated on Schedules B, B1 and B2. ;<br />

b. long-term security and management <strong>of</strong> significant areas <strong>of</strong> mature, natural<br />

vegetation, or any other significant habitat amenity;<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

c. the maintenance <strong>of</strong> substantial buffer zones adjacent to major roads; or where the<br />

owner <strong>of</strong> property provides for the conservation or provision <strong>of</strong> any other amenities;<br />

and.<br />

d. a road and trail fund has been established by the RDNO and is supported by a trail<br />

network plan.<br />

5.2.9 Rural Residential land development that proposes to create more than 2 new lots shall<br />

not be considered for rezoning until a comprehensive plan consistent with the rural<br />

residential policies is provided, and until the roads and services adequate for the<br />

development are either in place or financial guarantees regarding their installation are<br />

provided.<br />

5.2.10 Due to the importance <strong>of</strong> an adequate water supply in Rural Residential areas, and the<br />

uncertainty about water supply in some areas, assurances about the water supply as<br />

specified in the Subdivision Servicing Bylaw shall be provided prior to the zoning <strong>of</strong><br />

land for Rural Residential use.<br />

5.3 RESIDENTIAL LAND USE POLICIES<br />

5.3.1 In accordance with provincial recommendations and standards, no lots will be created<br />

less that 1.0 hectare unless connected to a community sewer system. Lots less than<br />

this size have been determined to be not acceptable for septic effluent disposal. There<br />

are three existing Residential developments in the plan area that were established<br />

prior to this policy.<br />

5.3.2 Residential use is development on lots less than 1 ha in size and is encouraged to be<br />

located within the Village <strong>of</strong> Lumby and not within the plan area.<br />

5.3.3 Notwithstanding the above, the <strong>Regional</strong> Board may consider Residential development<br />

in the “downtown” Cherryville area upon receipt <strong>of</strong> a comprehensive plan showing<br />

servicing details. Such a development would require a community sewer system.<br />

5.4 AFFORDABLE HOUSING POLICIES<br />

5.4.1 The <strong>Regional</strong> Board supports the provision <strong>of</strong> secondary suites as a form <strong>of</strong> affordable<br />

housing that is regulated through the Zoning Bylaw.<br />

5.4.2 Manufactured Homes are recognized as another source <strong>of</strong> affordable housing and will<br />

be treated equivalent to site built homes with respect to where they are permitted and<br />

their siting on a lot, but with restrictions as may be established by the Zoning Bylaw.<br />

5.4.3 The <strong>Regional</strong> <strong>District</strong> recognizes that affordable housing and social housing projects<br />

benefit from close proximity to other services, therefore an urban location (e.g. Lumby)<br />

is considered more suitable than rural locations within the plan area. The <strong>Regional</strong><br />

<strong>District</strong> will collaborate with the Village <strong>of</strong> Lumby on efforts to encourage affordable<br />

housing for the local community.<br />

5.4.4 The Zoning Bylaw conditionally supports a second dwelling in some zones for family<br />

members as a strategy to provide affordable housing and support aging in place.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Additional considerations that may be integrated into the Zoning Bylaw provisions<br />

include:<br />

a. Registration <strong>of</strong> a Housing Agreement specifying that the property shall not be<br />

subdivided and the second dwelling is intended for family members;<br />

b. In accordance with the regulations <strong>of</strong> the Agricultural Land Reserve Act; and<br />

c. In accordance with health regulations relating to the provision <strong>of</strong> water supply and<br />

sanitary sewer service permits.<br />

5.5 HOME BASED BUSINESSES / HOME OCCUPATIONS POLICIES<br />

5.5.1 Continue to support home occupations, including bed and breakfasts in association<br />

with a residential dwelling in all land use areas subject to the relevant requirements for<br />

home occupations specified in the Zoning Bylaw. Permitted uses should not cause land<br />

use conflicts or place excessive demands on services. Generally, these businesses<br />

are small scale, incubator businesses and when they reach sufficient size they may<br />

need to relocate to a more appropriate area. The RDNO may review the existing<br />

regulations should the area obtain high speed internet and expand opportunities for<br />

new home based businesses.<br />

5.5.2 It is recognized that within the plan area home occupations typically will be on large<br />

lots (> 1 ha) with a strong association to the agriculture and resource basis <strong>of</strong> the local<br />

economy. As such, the Zoning Bylaw makes special provision for home occupations in<br />

the plan area.<br />

5.5.3 Farm sales that are ancillary to the agricultural use <strong>of</strong> land within the Agricultural Land<br />

Reserve and are consistent with the provisions <strong>of</strong> the Zoning Bylaw, Minister <strong>of</strong><br />

Agriculture standards and the Agricultural Land Commission Act will continue to be<br />

supported by the <strong>Regional</strong> Board.<br />

5.5.4 Requests to increase the size <strong>of</strong> home based business beyond that permitted in the<br />

Zoning Bylaw are not encouraged as these uses will be in direct conflict with the<br />

Commercial and Industrial Policies <strong>of</strong> this Plan.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

COMMERCIAL<br />

6<br />

6.1 CONTEXT<br />

Vernon has developed as the regional commercial business and service centre for the <strong>North</strong><br />

<strong>Okanagan</strong> <strong>Regional</strong> <strong>District</strong>. The commercial policies in this plan reinforce the centralization <strong>of</strong><br />

services while recognizing that some services, particularly tourist and local convenience services,<br />

should be provided at the local level. The rationale for local services includes building a sense <strong>of</strong><br />

community and helping to reduce GHG emissions.<br />

In the future, ,commercial uses will continue to be encouraged to locate as infill development in larger<br />

communities, however, small scale commercial uses are supported where they are consistent with<br />

rural character (e.g. home based, agricultural, forestry).<br />

6.2 COMMERCIAL POLICIES<br />

6.2.1 Major Retail and Service Commercial uses should be encouraged to locate within the<br />

Village <strong>of</strong> Lumby and other nearby urban centres.<br />

6.2.2 Neighbourhood Commercial uses to supply goods and services to serve local needs<br />

should be permitted at locations to serve existing or future residential areas. Existing<br />

commercial lands are designated on Schedules B, B1 and B2. Applications for new<br />

neighbourhood commercial developments should address the following:<br />

a. Minimizing impacts on adjacent land uses;<br />

b. Strengthening an existing community focal point (e.g. in close proximity to existing<br />

commercial developments or community uses – “Downtown Cherryville”);<br />

c. Contributing to more sustainable land use patterns, minimizing trip generations and<br />

thereby reducing GHG emissions and supporting the sale <strong>of</strong> local products and<br />

foods, including local restaurants and famers markets;<br />

d. Provide safe access for both pedestrians and vehicles; and<br />

e. Consider alternative transportation options, including potential for connections to a<br />

local trail network.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

6.2.3 Highway and Tourist Commercial, and Recreation Commercial uses may be permitted<br />

at suitable locations subject to a successful OCP Amendment and Rezoning<br />

Application and the following conditions:<br />

a. sewage disposal, water supply, drainage and access shall meet the requirements<br />

<strong>of</strong> the authority having jurisdiction and any additional requirements <strong>of</strong> the <strong>Regional</strong><br />

Board;<br />

b. the proposed use shall not adversely affect the environment or adjacent land uses;<br />

c. the site should be outside <strong>of</strong> the Agricultural Land Reserve unless prior approval<br />

has been obtained from the Land Reserve Commission; and<br />

d. include public consultation in the planning process. All OCP Amendment<br />

applications for Commercial uses shall be subject to a Public Information Meeting<br />

to be hosted in the community by the applicant prior to scheduling <strong>of</strong> a Public<br />

Hearing.<br />

6.2.4 In accordance with Development Permit Sections <strong>of</strong> this Plan, land designated as<br />

Commercial, including resort developments, is also designated as a Commercial and<br />

Industrial Development Permit Area (Section 12.4) in order to establish requirements<br />

respecting the form and character <strong>of</strong> development.<br />

6.2.5 The <strong>Regional</strong> Board supports development <strong>of</strong> Recreation Commercial accommodation<br />

uses, including rental cabins and campgrounds that are oriented towards tourists. To<br />

ensure availability <strong>of</strong> these uses for tourists and the general public, the <strong>Regional</strong> Board<br />

may require covenants to restrict further subdivision as a condition precedent to<br />

approvals when considering rezoning applications.<br />

6.2.6 The <strong>Regional</strong> Board encourages and supports new development proposals in Ecotourism<br />

and adventure tourism that seek to provide wilderness and natural experiences<br />

and education in a sustainable manner with the least amount <strong>of</strong> impact on the<br />

environment.<br />

6.2.7 Temporary Permits pursuant to Section 921 <strong>of</strong> the Local Government Act, including<br />

appropriate designations, may be considered for a commercial use <strong>of</strong> a short-term<br />

duration on a parcel designated Resource, Agricultural, Non-Urban, Rural, Small<br />

Holdings or Country Residential.<br />

6.2.8 The <strong>Regional</strong> Board supports, in principle, the development <strong>of</strong> tourist-related<br />

agricultural businesses such as vacation farms, farm bed and breakfast operations,<br />

farm-gate marketing, winery, etc. on agricultural lands subject to ALR regulations.<br />

6.2.9 The <strong>Regional</strong> district <strong>District</strong> will consider developing a sustainability checklist for new<br />

commercial development applications to encourage sustainability issues to be<br />

considered in the review process.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

INDUSTRIAL<br />

7<br />

7.1 CONTEXT<br />

The plan area is part <strong>of</strong> a larger regional industrial sector and it is important that going forward, the<br />

RDNO and the neighbouring municipalities work collaboratively in supporting the region’s industrial<br />

base.<br />

The plan area contains many large rural residential properties that may be regarded as viable<br />

locations for land extensive industrial activities. The <strong>Regional</strong> <strong>District</strong> may consider new industrial<br />

activities in a rural context but requires applicants to participate in a detailed review and consultation<br />

process.<br />

7.2 INDUSTRIAL POLICIES<br />

7.2.1 Lands designated for industrial use are recognized in the plan document and mapped<br />

on Schedules B, B1 and B2. The minimum parcel size for industrial uses is regulated<br />

through the Zoning Bylaw and is not less than 1 ha where the lot is serviced with an onsite<br />

septic tank effluent disposal system.<br />

7.2.2 Electoral Areas ‘D’ and ‘E’, in association with the Vernon, Village <strong>of</strong> Lumby and the<br />

<strong>District</strong> <strong>of</strong> Coldstream, should identify appropriate land resources for short and long<br />

term industrial development. Research and priority setting should include both vacant<br />

greenfield sites and brownfield sites (e.g. Lavington glass plant).<br />

7.2.3 Industrial land shall be serviced with potable water supplies, proper approved sanitary<br />

sewage disposal facilities, and suitable storm water drainage collection, treatment and<br />

disposal systems.<br />

7.2.4 Industry should be encouraged, particularly those industries which take advantage <strong>of</strong><br />

local conditions, local resources and employ local people.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

7.2.5 Electoral Areas ‘D’ and ‘E’ should take advantage <strong>of</strong> possible grants available to aid in<br />

servicing industrial land.<br />

7.2.6 Major industrial land developments shall not be considered for rezoning until a<br />

comprehensive plan in accordance with the industrial policies is provided, and until the<br />

roads and services adequate for the development are either in place, or financial<br />

guarantees regarding their construction and installation are provided. Applications for<br />

new industrial developments will require a comprehensive review process including a<br />

traffic study that is conducted to review the impacts <strong>of</strong> the development on the rural<br />

road network.<br />

7.2.7 Industry emissions shall not adversely affect the land, water or air environment, either<br />

in the short term or cumulatively in the long term. Further, that noise, light and dust<br />

from industrial activities are kept at a level so as not to be a nuisance to surrounding<br />

areas.<br />

7.2.8 Agricultural Industrial uses shall be permitted in accordance with the provisions <strong>of</strong> the<br />

agricultural policies <strong>of</strong> this Plan. Agriculture is recognized as a regional growth<br />

opportunity and the <strong>Regional</strong> <strong>District</strong> supports more intensive use <strong>of</strong> agricultural lands<br />

in the ALR subject to relevant provincial regulations.<br />

7.2.9 In accordance with Section 12.4 land designated as “Industrial” is also designated as<br />

part <strong>of</strong> the Commercial and Industrial Development Permit Area in order to establish<br />

requirements respecting the form and character <strong>of</strong> development.<br />

7.2.10 Future industrial uses will not be supported in areas subject to flooding or other<br />

hazards, or in areas that will cause disruption to the established community.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

SPECIAL USE AREAS<br />

8<br />

8.1 CONTEXT<br />

From time to time, extraordinary land uses arise which do not conform with the usual residential,<br />

industrial, commercial, or open space land use categories. These include specialized and unique<br />

uses which have widely varying, site specific location requirements. In some instances these are<br />

public uses such as waste disposal sites, airports, health clinics, and minimum-security work camps.<br />

Special uses may also include uses that because <strong>of</strong> their unique development strategy may not be<br />

accommodated under other land use designations (e.g. comprehensive resorts and eco villages).<br />

Because <strong>of</strong> their uniqueness and special requirements, it is not possible to pre-designate specific<br />

areas for these uses. Nevertheless, it is essential that the need for such areas be recognized in the<br />

Plan.<br />

8.2 SPECIAL PUBLIC USE AREA POLICIES<br />

8.2.1 Special Public Uses that are intended to accommodate extraordinary public land uses<br />

shall be recognized and considered for rezoning without specific designation on the<br />

Official Community Plan Land Use Map, Schedules, B, B1 and B2.<br />

8.2.2 In rezoning <strong>of</strong> land to a Special Public Use, consideration shall be given to the<br />

following;<br />

a. the protection <strong>of</strong> the interests <strong>of</strong> adjacent land owners;<br />

b. the implementation <strong>of</strong> sustainability practices wherever possible;<br />

c. regulations, policies and guidelines <strong>of</strong> government agencies; and<br />

d. the incorporation <strong>of</strong> extraordinary development requirements by zoning, covenant,<br />

agreements, or development permit.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

8.3 COMPREHENSIVE RESORT AND ECOVILLAGE DEVELOPMENTS OVERVIEW<br />

Comprehensive Resort and Ecovillage Developments may be considered as Special Uses. These<br />

uses are recognized as potentially appropriate for the plan area however to ensure that they are<br />

consistent with the OCP’s overall planning principles and objectives they must be considered through<br />

individual OCP and Rezoning application processes.<br />

Comprehensive Resort developments are considered to be land uses that may have a residential<br />

component but the primary rationale for their development in the plan area is to support a recreational<br />

use (e.g. golf, fishing, skiing, eco-tours). These uses will contribute to the economy through job<br />

creation and may also provide specialized accommodation.<br />

Ecovillages are intentional communities formed with the goal <strong>of</strong> becoming more socially, economically<br />

and ecologically sustainable. Rural ecovillages are usually based on organic farming, and other<br />

approaches which promote ecosystem function and biodiversity. Some <strong>of</strong> the components <strong>of</strong> an<br />

ecovillage are:<br />

• educated commitment to principles<br />

• opportunities for local purchasing<br />

• alternatives to purchasing <strong>of</strong> global energy (e.g. oil)<br />

• local food<br />

• moral purchasing and decision making<br />

• respect diversity<br />

• sustainable design practices<br />

Overall an ecovillage is driven by a collective commitment to create an alternative, sustainable<br />

lifestyle. Applicants seeking approvals for these projects will need to clearly demonstrate a<br />

commitment to sustainability principles and to ensure that the project is consistent with the principles<br />

<strong>of</strong> growth management and rural protection. These uses are not an opportunity for satellite, market<br />

driven housing development.<br />

8.4 COMPREHENSIVE RESORT AND ECOVILLAGE DEVELOPMENT POLICIES<br />

8.4.1 Comprehensive Resort or Ecovillage Developments must be recognized through site<br />

specific amendments to the Official Community Plan and shall only be considered in<br />

conjunction with rezoning to a Comprehensive Development Zone which will define the<br />

uses and development regulations specific to the lands in question. As part <strong>of</strong> the<br />

development application review process, or in advance <strong>of</strong> the application, the RDNO<br />

will work with stakeholders to define the terms <strong>of</strong> development approvals for unique<br />

comprehensive resort or ecovillage proposals. Potential stakeholders may include:<br />

• the Agricultural Land Commission<br />

• neighbourhood / community associations<br />

• Ministry <strong>of</strong> Health<br />

• Local Health Authority<br />

• School <strong>District</strong><br />

• Ministry <strong>of</strong> Transportation and Infrastructure<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

The goal <strong>of</strong> this review process will be to ensure that new developments contribute<br />

positively to sustainable rural character in the plan area.<br />

8.4.2 Comprehensively Resort and Ecovillage Developments must establish efficient, cost<br />

effective wastewater management systems. While conventional septic disposal<br />

systems may be appropriate for rural, large lot areas, it is no longer viewed as an<br />

acceptable means <strong>of</strong> wastewater management for new or expanded resort and<br />

ecovillage developments. Ecovillages may elect to pursue alternative development<br />

strategies but will need to clearly demonstrate the long term viability <strong>of</strong> such initiatives,<br />

providing the appropriate supporting pr<strong>of</strong>essional reports.<br />

8.4.3 Comprehensive Resort and Ecovillage Developments need to protect the quality <strong>of</strong><br />

surface and ground water sources, while achieving an economically viable level <strong>of</strong><br />

development without adding to the financial burden <strong>of</strong> taxpayers.<br />

8.4.4 Without diminishing the role <strong>of</strong> the City <strong>of</strong> Vernon or the Village <strong>of</strong> Lumby as the<br />

principal and secondary commercial and service centres in this area, comprehensive<br />

resort and ecovillage developments may include limited commercial and personal<br />

services to provide visitors and residents with a full service resort or sustainable<br />

community experience.<br />

8.4.5 Comprehensive developments in or adjacent to agricultural land should be avoided or<br />

heavily buffered except for “Bed and Breakfast” operations and “Agro-tourism” in<br />

accordance with Agricultural Land Reserve Commission regulations and Ministry <strong>of</strong><br />

Agriculture standards.<br />

8.4.6 Comprehensive developments within this designation shall be largely self-contained<br />

and shall not facilitate nor be deemed to encourage further development on adjacent<br />

lands.<br />

8.4.7 In accordance with the provisions <strong>of</strong> the Development Permit Section <strong>of</strong> this Plan, land<br />

designated as ‘Comprehensive Resort or Ecovillage Development’ is also designated<br />

as a Development Permit Area in matters concerning the protection <strong>of</strong> the natural<br />

environment, protection <strong>of</strong> development from hazardous conditions, and matters<br />

concerning the form and character <strong>of</strong> commercial and industrial development. The<br />

establishment <strong>of</strong> objectives for the form and character <strong>of</strong> intensive residential<br />

development may also be required.<br />

8.4.8 The design <strong>of</strong> new and expanded comprehensive resort and ecovillage developments<br />

shall be responsive to the natural environment such that site grading and visual<br />

impacts from lands beyond are minimized.<br />

8.4.9 The <strong>Regional</strong> Board may require the developer to provide a Traffic Impact Assessment<br />

prepared by a pr<strong>of</strong>essional engineer that addresses the potential for impacts the<br />

development may have on traffic patterns, safety and volumes in the surrounding<br />

community. The Ministry <strong>of</strong> Transportation and Infrastructure must agree to the Terms<br />

<strong>of</strong> Reference for a Traffic Impact Assessment prior to preparation.<br />

8.4.10 The <strong>Regional</strong> Board may require the developer to provide an Environmental Impact<br />

Assessment prepared by a qualified environmental consultant to address potential<br />

impacts the development may have on the quality <strong>of</strong> the natural environment.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

8.4.11 Where a comprehensive development proposes a non-traditional land tenure system,<br />

such as ecovillage co-housing or cooperative ownership, the <strong>Regional</strong> Board may<br />

address the specialized nature <strong>of</strong> the ownership as part <strong>of</strong> the approval process to<br />

ensure that specialized ownership conditions are recognized over the long term (e.g.<br />

by future owners and neighbours).<br />

8.4.12 The <strong>Regional</strong> Board will require the developer to demonstrate how services can be met<br />

by the developer for such services as schools so that there are no indirect public costs<br />

(e.g. school buses).<br />

8.4.13 Developments which implement water conservation and re-use strategies are<br />

encouraged.<br />

8.4.14 Proposals for a Comprehensive Resort and Ecovillage Development projects shall<br />

demonstrate how storm-water and wastewater shall be managed on the site such that<br />

water quality and surrounding properties are not negatively impacted by the<br />

development.<br />

8.4.15 The level <strong>of</strong> servicing appropriate to each proposal shall be defined for consideration<br />

by the <strong>Regional</strong> Board, however, it is noted that all development must be serviced with<br />

a water system meeting the requirements <strong>of</strong> the Safe Drinking Water Regulation.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

QUALITY OF LIFE<br />

9<br />

Parks, Open Space Recreation, Heritage, Culture and Institutional<br />

9.1 CONTEXT<br />

The residents <strong>of</strong> the plan area pride themselves on the easy access to outdoor recreation<br />

opportunities. As the population increases and there are additional demands placed on the area’s<br />

resources, the <strong>Regional</strong> <strong>District</strong> may need to become more involved in the protection <strong>of</strong> existing<br />

amenities and meeting the new demands <strong>of</strong> a changing community.<br />

Parks and recreation are governed by the <strong>Regional</strong> <strong>District</strong> through the White Valley Parks,<br />

Recreation and Culture Advisory Committee whose members are one representative from each <strong>of</strong><br />

three jurisdictions (Electoral Areas D and E and the Village <strong>of</strong> Lumby). The administration function is<br />

currently managed by the Village <strong>of</strong> Lumby who provide services under contract to the <strong>North</strong><br />

<strong>Okanagan</strong> <strong>Regional</strong> <strong>District</strong>.<br />

Local community associations are also key participants in the delivery <strong>of</strong> services to the residents <strong>of</strong><br />

the plan area managing such facilities as the Cherryville Community Hall. Local and grassroots<br />

organizations such as the Cherryville Community Club and the Mabel Lake Community Association<br />

are formed into “not for pr<strong>of</strong>it” societies - representing the “doers” <strong>of</strong> the community – creative people<br />

matching community needs to appropriate activities.<br />

Throughout the plan area there are many trails that are used regularly by both residents and tourists.<br />

These trails include traditional use paths, formally designated and signed trails and forestry roads.<br />

The community is interested in protecting and developing this trail network with an emphasis on such<br />

aspects as integrated multiuse management and the development <strong>of</strong> alternate transportation<br />

networks.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Many <strong>of</strong> the community services used by residents in the plan area (high schools, hospitals, health<br />

clinics, recreation facilities) are located in nearby communities where higher population densities are<br />

available to support these services. The plan area policies support the continued centralization <strong>of</strong><br />

these services however, residents also recognize that local, rural services can help create a sense <strong>of</strong><br />

place, contribute to employment within the community and support other industries such as tourism.<br />

Residents would like to encourage local services to the greatest extent possible.<br />

The Plan area also contains historical and archaeological features which should be preserved,<br />

protected, and designated so that the public is aware <strong>of</strong> their significance. History helps communities<br />

to achieve maturity by making its citizens aware <strong>of</strong> past conditions and the contributions <strong>of</strong> pioneers to<br />

the community. Settlement by non-natives in this area began over one hundred years ago and was<br />

fostered by the search for gold. As the earliest pioneers searched for valuable minerals, the<br />

agriculture and forestry industries developed. These factors are important in the context <strong>of</strong> this plan as<br />

they are essential to the identity <strong>of</strong> the communities within the plan area (see Cherryville and Area<br />

History inset). Objectives and policies focusing on conservation <strong>of</strong> important heritage resources will<br />

be addressed in this plan. In addition to several historical buildings, other significant heritage features<br />

include:<br />

Indian Rock Paintings (Pictographs)<br />

There are two known locations <strong>of</strong> Indian rock paintings in the Community Plan area, both <strong>of</strong> which are<br />

described in the book "Pictographs in Interior British Columbia" by John Corner. The first is on the<br />

south side <strong>of</strong> Highway No. 6 about three kilometres west <strong>of</strong> the Sugar Lake Road in Section 26,<br />

Township 57, while the second is on the north side <strong>of</strong> Creighton Valley Road about 13 km south and<br />

east <strong>of</strong> Highway No. 6, in Section 13, Township 41.<br />

Cherryville Gold Diggings<br />

The earliest exploration in the Lumby area was associated with the search for gold on Cherry and<br />

Monashee Creeks over a hundred years ago. Some <strong>of</strong> the workings are still visible on Monashee<br />

Creek in Section 1, Township 57.<br />

Archaeological Sites<br />

The Community Plan area contains eight recorded archaeological sites, most <strong>of</strong> which are either<br />

former Indian dwellings or places in which rock tools were shaped. These sites are located along the<br />

Shuswap River, a short distance upstream or downstream from Shuswap Falls, or at Rawlings Lake.<br />

In addition, there may well be other sites uncovered in the future. Archaeological sites are protected<br />

under the Heritage Conservation Act and should not be disturbed without approval from the<br />

appropriate provincial ministry.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Cherryville and Area History<br />

In 1863 Mr. W.C. Young, then stationed in Osoyoos, was instructed by Governor Douglas to<br />

visit <strong>Okanagan</strong> Gold strikes. Two miles from the mouth <strong>of</strong> Cherry Creek, he found a budding<br />

and as yet unnamed settlement, consisting <strong>of</strong> two houses and another being built. A mile<br />

further along the creek was a cabin and the discovery claim <strong>of</strong> partners, Pion and Louis.<br />

Between 1863 and 1895 the original town, <strong>of</strong> what we know as Cherryville, was merely a small<br />

mining camp, located deep within the canyon walls <strong>of</strong> Cherry Creek. It boasted a population <strong>of</strong><br />

nearly 100 people, half <strong>of</strong> which were Chinese miners. Every possible method <strong>of</strong> extraction<br />

was tried to get the gold and silver from the area.<br />

With more and more miners heading into the Cherry Creek area, a road was built from Lumby<br />

in 1877. According to the B.C. Department <strong>of</strong> Public Works and under supervision <strong>of</strong> C.A.<br />

Vernon, the route came through Blue Springs Valley. It was about eight feet wide. With a road<br />

to the area, families began to arrive. Like all communities, in the 1800’s they were known by<br />

the Post Office name. The first known post <strong>of</strong>fice in the area was listed as the Cherry Creek<br />

Post Office. The community <strong>of</strong> Cherryville was christened when Olava Handon Hanson<br />

became postmaster. She submitted three names into Ottawa, one being Cherry Creek,<br />

another Cherryville and the third one, no one can recall. Ottawa choose Cherryville. It was<br />

always felt that Cherry Creek and Cherryville were named after the wild Choke Cherries that<br />

grew abundantly, along the banks <strong>of</strong> the creek, as there were no cherry trees in the area.<br />

In the 1900’s, the town site <strong>of</strong> Hilton, at Richlands Estates, was located on what is now the<br />

corner <strong>of</strong> Creighton Valley Road and Holmes Road. It was originally sold to wealthy<br />

Englishmen, as an area with a mild climate, suitable for orchards. The Settlement quickly grew<br />

with money coming from England. It had a post <strong>of</strong>fice, hotel, livery stable, barber shop, grocery<br />

store, hardware store, butcher shop and blacksmith shop. Many orchards were established<br />

and irrigation was put in. While the area was beautiful it was not the same as the South<br />

<strong>Okanagan</strong> and quick fortunes failed to materialize. The community dwindled, when the First<br />

World War began and the money stopped coming from England. Some <strong>of</strong> the people remained<br />

in the area, finding other ways <strong>of</strong> making a living. The original Richlands School House, now<br />

used by the Seventh Day Adventist Church, is the only building left at the Hilton site. There are<br />

still two <strong>of</strong> the old homes remaining; one at the Burnyeat Ranch and the other at the Neil<br />

place. Neither is habitable.<br />

The Hilton School was built in 1907 and kept is name until 1948, when the new school was<br />

built beside it and renamed Cherryville School. The area grew. Ranches and farms sprang up.<br />

A mill was built in 1948 on Sugar Lake Road (Ferguson Mill). Logging remains a major<br />

industry in the community. As <strong>of</strong> 1998, Cherryville remains unincorporated and has a<br />

population <strong>of</strong> 1,000 people. It has two general stores, both carrying gas and propane – with one<br />

<strong>of</strong> them being a liquor vender. It also has a golf course, three restaurants, a library, a quilt<br />

shop, a campground, a gun club, and two churches. It also boasts <strong>of</strong> some <strong>of</strong> the most<br />

beautiful scenery in B.C.<br />

Source: Provided by the Cherryville Historical Society for the 2001, Official Community Plan<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

9.2 PARKS AND OPEN SPACE POLICIES<br />

9.2.1 Areas recognized as having value for public recreation and<br />

protected natural areas are designated as Parks and Open<br />

Space on Schedules B, B1 and B2.<br />

9.2.2 The White Valley Parks, Recreation and Culture Master Plan<br />

provides comprehensive planning and service delivery<br />

strategies for the plan area. This document has not been<br />

formally adopted by the RDNO and does not provide specific<br />

park designations for the plan area but does provide guidance<br />

to direct future decision making.<br />

9.2.3 Support a community planning process to determine the short-term and long-term<br />

goals and objectives to establish Hanson Park as the civic focal point <strong>of</strong> the community<br />

<strong>of</strong> Cherryville.<br />

9.2.4 Encouraged strategies to protect McIntyre Lake including: designation as a BC Park, ;<br />

designation as a conservation area, ; transfer <strong>of</strong> ownership to the <strong>Regional</strong> <strong>District</strong> <strong>of</strong><br />

<strong>North</strong> <strong>Okanagan</strong>; or designation as a recreation site under the Forest & Range<br />

Practices Protection Act. Land use management should consider multi use options<br />

including supporting recreation and protecting wildlife.<br />

9.2.5 Work with the relevant provincial agencies to ensure that those key crown land<br />

holdings which are currently used for recreation or which need to be safeguarded for<br />

ecological reasons be secured. Lands <strong>of</strong> particular interest to the community include<br />

the Meadows and Richlands.<br />

9.2.6 The concept <strong>of</strong> a recreation plan for the Shuswap River will be considered in the<br />

Shuswap River Watershed Sustainability Plan and process which is being developed in<br />

collaboration with BC Hydro, First Nations, members <strong>of</strong> the community and applicable<br />

government agencies.<br />

9.2.7 The <strong>Regional</strong> Board, through White Valley Parks and Recreation, will undertake a<br />

comprehensive inventory <strong>of</strong> undeveloped public access points to the Shuswap River,<br />

Mabel Lake and Sugar Lake.<br />

9.2.8 The <strong>Regional</strong> Board, through White Valley Parks and Recreation, and in co-ordination<br />

with local groups and organizations will support a Trails Master Planning process,<br />

including an inventory <strong>of</strong> existing resources. The community is heavily dependent on<br />

the private automobile for its transportation needs; however, there is an interest in<br />

supporting trail development for alternate transportation use, local recreation use, and<br />

tourism development (e.g. to support a burgeoning local horse industry).<br />

9.2.9 If practical, parks and recreational trails should not be situated in or adjacent to<br />

agricultural lands. If there are no alternative locations, these areas should be buffered<br />

to protect park users from agricultural activities and agriculture from park users and<br />

their pets. Fencing and signage should also be considered to reduce impacts on<br />

farming.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

9.2.10 The <strong>Regional</strong> Board, through Whitevalley Parks and Recreation, may initiate a<br />

community process to determine the best use <strong>of</strong> the “Meadows” on Sugar Lake Road<br />

and the “gravel pits” on Highway 6.<br />

9.2.11 Joint development and use <strong>of</strong> school and park sites by School <strong>District</strong> No. 22 and the<br />

<strong>Regional</strong> <strong>District</strong> should be continued, and when required, site specific formal<br />

agreements may be concluded to provide for integrated development and use.<br />

9.2.12 The <strong>Regional</strong> <strong>District</strong> will work with School <strong>District</strong> No. 22 to support multi-use options<br />

for schools. In particular, schools with declining enrolment may have vacant floor<br />

space that can support new community activities. Opportunities may include<br />

partnerships with local community groups for activities and services, such as: day<br />

cares, after school programs, recreation and cultural activities and private education<br />

initiatives.<br />

9.2.13 Where applicable, parkland, or money in lieu <strong>of</strong> parkland, shall be provided to the<br />

<strong>Regional</strong> <strong>District</strong> pursuant to Part 26: Division 10 Development Cost Charge Recovery<br />

and 10.1 School Site Acquisitions Charges <strong>of</strong> the Local Government Act. The parkland<br />

or money in lieu shall be provided as a condition precedent to subdivision within the<br />

Plan area.<br />

9.2.14 Review The White Valley Parks and Recreation Development Cost Charge Bylaw<br />

1390, 1996 to ensure that the regulations and fees are relevant to the current<br />

objectives for parks planning.<br />

9.2.15 Development Cost Charges that are payable for parks purposes as a condition<br />

precedent to subdivision approval, shall be waived if the value <strong>of</strong> the parkland, or the<br />

amount <strong>of</strong> the money in lieu <strong>of</strong> parkland, required to be provided pursuant to the<br />

provisions <strong>of</strong> Part 26: Division 10 – Development Cost Charge Recovery <strong>of</strong> the Local<br />

Government Act, is equal to or exceeds the amount <strong>of</strong> the applicable Development<br />

Cost Charge. If the value <strong>of</strong> the parkland, or the amount <strong>of</strong> payment in lieu <strong>of</strong> parkland,<br />

is less than the applicable Development Cost Charge, then the balance <strong>of</strong> the<br />

Development Cost Charge shall be paid as a condition precedent to subdivision<br />

approval.<br />

9.2.16 Waterfront properties that have long range potential as public access should be<br />

protected by acquiring where possible the right <strong>of</strong> first refusal in favour <strong>of</strong> the <strong>Regional</strong><br />

<strong>District</strong>.<br />

9.2.17 In the acquisition and development <strong>of</strong> open spaces, quality <strong>of</strong> the recreation<br />

experience should be considered the number one priority in the planning process as<br />

well as in the management <strong>of</strong> the site in the future. The focus should be on the values<br />

<strong>of</strong> specific additions to the present opportunities.<br />

9.2.18 Address the need for trail connectivity and trail extensions as part <strong>of</strong> the review<br />

process for new subdivisions.<br />

9.2.19 Work with local organizations to support community research, planning and<br />

management <strong>of</strong> parks, stewardship projects and trails. Support community grass roots<br />

organizations in their effort to secure funding for these projects.<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

9.2.20 Encourage co-ordination <strong>of</strong> the efforts <strong>of</strong> different levels <strong>of</strong> government who provide<br />

public outdoor space. The emphasis for future outdoor recreation space in the<br />

Community Plan area should be on the provision <strong>of</strong> resource-based facilities (i.e.<br />

hiking, historical, scenic and natural interest, etc.).<br />

9.2.21 Continue to recognize the role <strong>of</strong> local grass root organizations in the local provision <strong>of</strong><br />

sustainable cultural and recreational services. The <strong>Regional</strong> <strong>District</strong> supports efforts to<br />

secure funding for these projects and has also played an important role in supporting<br />

sustainable upgrades to local community facilities.<br />

9.3 HERITAGE CONSERVATION POLICIES<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

9.3.1 Recognize the importance <strong>of</strong> heritage resources in the plan area as representative <strong>of</strong><br />

its history and key to its identity, character and sense <strong>of</strong> place, and seek to integrate<br />

heritage conservation, and awareness about heritage into planning and day-to-day<br />

decisions.<br />

9.3.2 Pursuant to section 953 <strong>of</strong> the Local Government Act, The <strong>Regional</strong> Board may, by<br />

bylaw, appoint a Heritage Advisory Commission for all, or part <strong>of</strong> the Electoral Areas.<br />

Furthermore, the terms <strong>of</strong> reference to be established by the Board for the Commission<br />

will include, but not be limited to: a mandate to advise the Board on heritage matters<br />

and other matters referred to it by the Board; and direction to undertake activities<br />

specified in the terms <strong>of</strong> reference.<br />

9.3.3 Pursuant to section 954 <strong>of</strong> the Local Government Act, the Board may, by resolution,<br />

establish a Community Heritage Register for purposes <strong>of</strong> identifying heritage properties<br />

within the Plan area.<br />

9.3.4 The <strong>Regional</strong> Board will cooperate with property owners seeking heritage designation<br />

or other heritage recognition for their properties by employing the following policies and<br />

the associated potential regulatory mechanisms for conserving and protecting the<br />

heritage resources within the Plan area.<br />

a. The Board may consider Conservation Covenants under Section 219 <strong>of</strong> the Land<br />

Title Act for buildings with established heritage value.<br />

b. The Board may, when conditions warrant creative solutions not possible within<br />

existing regulatory frameworks, enter into Heritage Revitalization Agreements with<br />

property owners for the preservation <strong>of</strong> heritage resources. Utilization <strong>of</strong> these<br />

agreements will be pursuant to section 966 <strong>of</strong> the Local Government Act.<br />

c. Pursuant to section 967 <strong>of</strong> the Local Government Act, The Board may, by Bylaw,<br />

designate real property, in whole or in part, considered to have heritage value or<br />

character, or is deemed necessary or desirable for the conservation <strong>of</strong> protected<br />

heritage resources. The Board will emphasize and encourage voluntary<br />

designation over imposed designation recognizing constraints associated with such<br />

designation. Furthermore, the terms and conditions for such designation will<br />

include guidelines and policies regarding the issuance <strong>of</strong> a Heritage Alteration<br />

Permit.<br />

d. The Board recognizes the particular vulnerability <strong>of</strong> heritage resources currently<br />

located within the Provincial Agricultural Land Reserve and will cooperate with the<br />

Provincial Land Reserve Commission to protect these resources through<br />

designation or other mechanisms.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

9.3.5 The <strong>Regional</strong> Board will work with the community and landowners to ensure the<br />

Heritage Resources (Chinese Diggings and miners’ cabins along Cherry Creek) are<br />

preserved. The general locations <strong>of</strong> these resources are shown on Schedule B2.<br />

9.3.6 The community plan area contains numerous native archaeological sites including rock<br />

paintings, former dwellings and places where rock tools where shaped. The general<br />

locations <strong>of</strong> these sites are shown on Schedules B, B1 and B2. These sites are<br />

protected under the Heritage Conservation Act which provides that designated heritage<br />

sites shall not be disturbed without permission <strong>of</strong> the Archaeological Branch. The<br />

<strong>Regional</strong> <strong>District</strong> would also provide a referral to the Splatsin and <strong>Okanagan</strong> Indian<br />

Bands should an application be received in the vicinity <strong>of</strong> these resources.<br />

9.3.7 The <strong>Regional</strong> Board will work with the community and the agencies having jurisdiction<br />

to ensure that landmarks such as creeks and mountains represent the historical names<br />

given when the area was first settled.<br />

9.4 SCHOOL FACILITIES AND OTHER COMMUNITY SERVICES POLICIES<br />

9.4.1 Public service, assembly and civic uses such as schools, community halls, health<br />

clinics, churches and fire halls are permitted in all areas and land use designations<br />

except in the Residential Single Family designations; except that Assembly uses<br />

pursuant to the Community Care and Assisted Living Act <strong>of</strong> B.C. shall also be<br />

permitted in areas designated for Single Family use consistent with the Zoning Bylaw<br />

where appropriate siting, parking, buffering and setbacks standards can be met.<br />

9.4.2 Pursuant to the Parks and Open Space policies <strong>of</strong> this Plan, the <strong>Regional</strong> <strong>District</strong><br />

encourages the joint use and development <strong>of</strong> school sites in co-operation with School<br />

<strong>District</strong> No. 22.<br />

9.4.3 When determining the location for any new school facilities, the siting in or adjacent to<br />

agricultural land should be avoided.<br />

9.4.39.4.4 The RDNO will continue to work with the School <strong>District</strong> to ensure students<br />

experience safe, healthy environments.<br />

9.5 POLICE AND FIRE PROTECTION POLICIES<br />

9.5.1 Continue to recognize the plan area as a rural area where residents acknowledge and<br />

accept that beyond a very limited area close to the village Village <strong>of</strong> Lumby fire<br />

protection services are not provided by either the <strong>Regional</strong> <strong>District</strong> through local<br />

volunteer fire departments. The only fire department with the plan area is located in<br />

Lumby and it does service a limited part <strong>of</strong> Area D. The <strong>Regional</strong> <strong>District</strong> will continue<br />

to provide emergency services throughout the plan area as part <strong>of</strong> a region-wide<br />

service delivery model.<br />

9.5.2 Support and encourage the application <strong>of</strong> Fire Smart principles for existing and new<br />

development.<br />

9.5.3 Continue to support and work closely with the RCMP. This may include the formation<br />

<strong>of</strong> citizen support groups such as Neighbourhood Watch through the Safe<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Communities Program (where densities warrant this type <strong>of</strong> program), as a proactive<br />

step in the reduction <strong>of</strong> crime.<br />

9.6 COMMUNITY ACCESSIBILITY AND INCLUSION POLICIES<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

9.6.1 Support opportunities for balanced, active and diverse lifestyles where housing, public<br />

services and amenities are affordable, accessible and inclusive.<br />

9.6.2 Encourage land use patterns, community activities and events that generate intergenerational<br />

and inter-cultural interest, participation and social integration.<br />

9.6.3 Consider establishing a region-wide committee to provide feedback and direction to<br />

elected <strong>of</strong>ficials and staff on aging and disability issues. This feedback may include<br />

facilitating the preparation <strong>of</strong> an age-friendly assessment <strong>of</strong> the community to discover<br />

what is working around accessibility and inclusion and what needs improvement.<br />

9.7 SENIORS AND SPECIAL NEEDS POLICIES<br />

9.7.1 The essential role <strong>of</strong> pioneers, founding families, elders and other seniors in the<br />

settlement <strong>of</strong> this area is gratefully acknowledged. It is important that their changing<br />

housing needs and requirements for support services be recognized and addressed<br />

within the community.<br />

9.7.2 Support local strategies and partnerships to deliver seniors’ care, assisted living<br />

services and residential based services for persons with special needs.<br />

9.7.3 Access for persons with special needs should be considered in the design <strong>of</strong> public<br />

buildings and transportation facilities (including trails).<br />

9.7.4 Support local initiatives to become more involved in the Age-Friendly Communities<br />

Program. Currently this has been a Lumby led initiative but there is potential for<br />

benefits throughout the plan area. Improved communications (high speed internet and<br />

broader cell phone coverage) are essential for a successful age-friendly community,<br />

supporting all age groups with such services as: remote educational opportunities,<br />

particularly for children and youth; home occupations; and services for seniors<br />

choosing to age in place.<br />

9.7.5 When reviewing new development applications, the <strong>Regional</strong> <strong>District</strong> will apply an agefriendly<br />

lens to the review process to support a local population that hopes to age in<br />

place. While many <strong>of</strong> the health and support services needed by seniors are outside<br />

the jurisdiction <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> the community can benefit from a greater<br />

awareness <strong>of</strong> age-friendly features and barriers. (See age-friendly features and<br />

barriers in information box following).<br />

9.8 COMMUNITY ENGAGEMENT<br />

9.8.1 Support community participation in planning processes and encourage community<br />

engagement in a variety <strong>of</strong> volunteer organizations including the Advisory Planning<br />

Committee.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

An Age-Friendly Lens:<br />

Considerations for Planners, Developers and Service Providers<br />

Suggestions for improving age-friendliness in rural areas . . .<br />

• Support programs that use retired pr<strong>of</strong>essionals (e.g., pharmacists, nurses,<br />

teachers) to provide volunteer support for seniors’ in their homes —for example,<br />

to explain medication and health care issues.<br />

• Work with the local Health Authority and the Provincial government to identify<br />

programs appropriate to the area.<br />

• Support a Safely Home Program—a program developed for cognitively impaired<br />

people through the Alzheimer Society.<br />

• Provide cooking services to seniors living on their own.<br />

• Support the efforts <strong>of</strong> the Interior Health Authority to attract more rural doctors.<br />

• Support daycare services that <strong>of</strong>fer respite services for caretakers.<br />

• Support a home visit program to provide social visits to seniors.<br />

• Families can learn about available community programs and services.<br />

For Information Only<br />

9.9 ARTS AND CULTURE POLICY<br />

9.9.1 It is recognized that the region’s larger urban<br />

centres (e.g. Vernon) will be the focal point for<br />

regional cultural expression and diversity but the<br />

<strong>Regional</strong> <strong>District</strong> will work with regional<br />

institutions and associations to support cultural<br />

amenities and/or programs at the local level.<br />

Vacant classrooms, for example, may provide an<br />

opportunity for local programs, special events,<br />

celebrations support for local artists.<br />

9.10 COMMUNITY HEALTH POLICIES<br />

9.10.1 Recognize the importance <strong>of</strong> open spaces, parks, cultural and artistic events and<br />

recreational opportunities in enhancing the quality <strong>of</strong> life <strong>of</strong> residents.<br />

9.10.2 Support medical facilities that operate on smaller scales (e.g. palliative care homes) in<br />

rural residential land use designations. It is anticipated that these smaller specialized<br />

facilities may be more “footloose” in terms <strong>of</strong> their locational decision and able to<br />

succeed in a rural area where they can integrate an attractive rural setting into their<br />

overall service delivery model.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

TRANSPORTATION & SERVICING<br />

10<br />

10.1 CONTEXT<br />

Highway 6 is the main highway corridor in the plan area. Over the years efforts have been made to<br />

plan a transportation network with efficient linkages between and within the rural areas as shown on<br />

the Land Use Plan (Schedules B, B1 and B2). The development <strong>of</strong> these connections has been<br />

limited, restricted by: a lack <strong>of</strong> funding; a slow rate <strong>of</strong> new development and developer driven<br />

investment; and, competing jurisdictions (e.g. ALR).<br />

A network <strong>of</strong> secondary roads provides access to many <strong>of</strong> the settled areas within the plan area.<br />

These roads were typically constructed to a rural standard to accommodate lower traffic volumes and<br />

are characterized by narrower travel lanes, ditches for storm water and they lack designated space for<br />

pedestrian or bicycle travel. Some <strong>of</strong> the local roads are in reasonable condition but many roads are<br />

minimally maintained and surfaced with dirt or gravel.<br />

In 2007, the Province <strong>of</strong> British Columbia passed the Climate Action Charter which commits all<br />

communities in the province to significantly reduce their greenhouse gas emissions by 2012.<br />

Reducing personal vehicle traffic through alternative forms <strong>of</strong> transportation is one <strong>of</strong> the key ways to<br />

meet this goal; however, it is difficult to implement these types <strong>of</strong> “urban” conservation strategies<br />

where there is a dispersed settlement pattern and no public transit.<br />

The plan area contains a mix <strong>of</strong> small “urban” lots, primarily located close to Lumby and serviced with<br />

community water, and large “rural” lots with independent water and sewer systems. For the term <strong>of</strong><br />

this plan, policies support planning strategies that will see this area continue to be a “rural” area with<br />

larger rural lots on independent water and sewer systems.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

The plan area is within the area that was examined as part <strong>of</strong> the Groundwater Assessment in the<br />

<strong>Okanagan</strong> Basin (GAOB) project that was initiated in 2004 and completed in 2009. 2 The primary<br />

objective <strong>of</strong> the GAOB project was to characterize and provide sound scientific understanding <strong>of</strong><br />

groundwater resources in this region and to assist communities with long-rang planning for the<br />

continued provision <strong>of</strong> safe and sustainable water supplies. The recommendations <strong>of</strong> this study reenforce<br />

the need for continued groundwater research and monitoring and the use <strong>of</strong> this information<br />

in land use planning and decision making.<br />

The community has expressed interest in new development opportunities that utilize alternative green<br />

energy and servicing strategies. Green infrastructure and servicing may be a good companion for<br />

new rural development in this area; however the <strong>Regional</strong> <strong>District</strong> should proceed cautiously to ensure<br />

that these developments are sustainable over the long term, in terms <strong>of</strong> social, environmental and<br />

economic costs.<br />

10.2 TRANSPORTATION POLICIES<br />

10.2.1 The Ministry <strong>of</strong> Transportation and Infrastructure, the Land Reserve Commission and<br />

the <strong>North</strong> <strong>Okanagan</strong> <strong>Regional</strong> <strong>District</strong> should perform a detailed review <strong>of</strong> the “Major<br />

Street Network Plan” to ensure that long term goals can be achieved. This review<br />

should coincide with The <strong>Regional</strong> <strong>District</strong> supports the preparation <strong>of</strong> a Bicycle and<br />

Trail Network Plan. The plan should to consider crossovers between the road and<br />

trail network plans. Planning should also consider the and opportunities for<br />

alternative transportation modes including: bicycle routes, trails, a Handidart,<br />

community van, carpool and car co-operatives.<br />

10.2.2 Until the above mentioned review is undertaken, the The existing and proposed<br />

major roads designated on Schedules B, B1 and B2 are endorsed as the long term<br />

major routes for movement <strong>of</strong> traffic, and shall have a minimum width <strong>of</strong> 25 metres.<br />

The location <strong>of</strong> proposed routes within the Agricultural Land Reserve is not to be<br />

construed as having the endorsement <strong>of</strong> the Agricultural Land Reserve Commission.<br />

The construction, upgrading, or dedication <strong>of</strong> these routes may not proceed without<br />

the approval <strong>of</strong> the Commission. However, it is recognized that Provincial Agricultural<br />

Land Commission Resolution #1625/83 permits some upgrading without additional<br />

approvals being required.<br />

10.2.3 New roads and major improvements to existing roads shall be located so as to<br />

provide minimum disruption to agricultural uses.<br />

10.2.4 Planning for future roads and subdivisions shall take into consideration the needs <strong>of</strong><br />

public transit, school buses, pedestrians, farm equipment and bicycle routes and<br />

other environmentally sensitive transportation methods.<br />

10.2.5 For developments in which road upgrading will be required as a result <strong>of</strong> the<br />

development, the development will not occur until roads adequate for the<br />

development are in place.<br />

2<br />

Carmichael, V., Kenny, S., Allen, D., and Gellein, C. 2009 “Compendium <strong>of</strong> Aquifer Hydraulic Properties from Reevaluated<br />

Pumping Tests in the <strong>North</strong> <strong>Okanagan</strong>, British Columbia” , B.C. Ministry <strong>of</strong> the Environment and Simon<br />

Fraser University.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

10.2.6 Access to crown lands and water-bodies shall be provided wherever necessary<br />

under the appropriate subdivision regulations or as a condition precedent to<br />

rezoning.<br />

10.2.7 Local roads shall have a minimum right <strong>of</strong> way width <strong>of</strong> 20 meters.<br />

10.2.8 Continuous strip development along highways will be discouraged for safety,<br />

aesthetic and functional reasons.<br />

10.2.9 The <strong>Regional</strong> Board supports the<br />

concept <strong>of</strong> an all-weather road to link<br />

the Village <strong>of</strong> Lumby with Silver Star<br />

Village. The new road is to function<br />

as the “connector” <strong>of</strong> different<br />

geographic areas (e.g. White Valley<br />

to Silver Star to Vernon). It is not<br />

intended to function as a local road<br />

and catalyst for new development.<br />

Should the road be constructed, the<br />

area would continue to support large<br />

lots for rural or resource use.<br />

10.2.10 Proposed transportation routes<br />

should avoid wetlands and streams<br />

and consider the impacts <strong>of</strong> roads on<br />

sensitive natural ecosystems, if<br />

possible. Environmental Impact<br />

Assessments may be necessary, at<br />

the discretion <strong>of</strong> relevant government<br />

agencies. (see “Road Design<br />

considerations to minimize impacts<br />

on Watercourses for information<br />

only). Transportation routes should<br />

follow property boundaries and avoid<br />

bisecting productive agricultural<br />

lands.<br />

10.2.11 Encourage the Ministry <strong>of</strong><br />

Transportation and Infrastructure and<br />

Infrastructure (MoTI) to consider the<br />

Road Design Considerations<br />

to Minimize Impacts on<br />

Watercourses<br />

In low-gradient terrain, for example,<br />

alternative design and maintenance<br />

practices could maintain phosphorus<br />

delivery from roads to receiving waters at<br />

lower rates than is presently the case. Some<br />

approaches to achieve this objective are as<br />

follows:<br />

• implement strict erosion and<br />

sedimentation control practices during<br />

road construction;<br />

• design local road systems to avoid<br />

riparian areas and to minimize surface<br />

run<strong>of</strong>f and erosion susceptibility;<br />

• maintain natural drainage patterns;<br />

• minimize ditch length connected to the<br />

natural surface drainage network;<br />

• employ infiltration systems where<br />

required to control surface run<strong>of</strong>f and<br />

sediment transport; and<br />

• minimize soil exposure caused by ditch<br />

maintenance operations.<br />

For Information Only<br />

needs <strong>of</strong> pedestrians and cyclists when approving new roads or upgrading existing<br />

roads. The community <strong>of</strong> Whitevale, for example, has expressed interest in the<br />

development <strong>of</strong> walkways and bike trails along Whitevale Road and in the Whitevale<br />

area generally. New road designs, for example, can support alternative<br />

transportation options with the addition <strong>of</strong> wider shoulders for pedestrian travel or a<br />

wider paved travel surface that can become a designated bicycle route.<br />

10.2.12 New roads shall be encouraged to connect into the existing road network plan as<br />

shown on Schedules B, B1 & B2.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

10.2.13 Transportation planning may be required as part <strong>of</strong> the development review process<br />

to ensure that traffic issues and impacts are considered in relation to a new<br />

development proposal.<br />

10.2.14 Recognize the importance <strong>of</strong> accessibility for seniors and the mobility impaired and<br />

support designs that accommodate these user groups.<br />

10.3 WATER POLICIES<br />

10.3.1 Potable water shall be provided through community water systems for comprehensive<br />

residential, recreational, industrial and commercial developments within the<br />

Community Plan area.<br />

10.3.2 Development <strong>of</strong> land (where more than 1 additional lot is created) that is dependent<br />

upon subsurface groundwater supplies in areas that are known to have supply issues<br />

should shall be subject to certification by a pr<strong>of</strong>essional engineer, or a groundwater<br />

geologist, or by a hydrogeologist as to the quality and quantity <strong>of</strong> water available prior<br />

to rezoning or subdivision approval as the case may be. The <strong>Regional</strong> Board may<br />

request information that demonstrates the impact to neighboring wells <strong>of</strong> such a<br />

development. Proven wells with registered well logs may be exempt from the above<br />

certification.<br />

10.3.3 The <strong>Regional</strong> <strong>District</strong> should work with the provincial government to ensure data<br />

collected through the development review process contributes the understanding <strong>of</strong><br />

water resources over the long term (e.g. can be integrated into the numerical flow<br />

models for aquifer characterization). This may require a review <strong>of</strong> the Subdivision<br />

Bylaw to ensure that the data collected and tests conducted can be effectively used in<br />

the decision making process. It is important that this information provide both an<br />

understanding <strong>of</strong> impacts <strong>of</strong> the proposed development on the existing water supply<br />

and provide a reliable predictive assessment <strong>of</strong> the availability <strong>of</strong> the water supply to<br />

accommodate the proposed development.<strong>Regional</strong> <strong>District</strong> policies may be reviewed to<br />

ensure consistency with the province’s updates to the Water Act.<br />

10.3.4 Encourage water conservation for all land uses, including residential, commercial,<br />

industrial and agriculture. The <strong>Regional</strong> <strong>District</strong> will encourage public acceptance <strong>of</strong><br />

water conservation when designing homes, such as low water consumption plumbing<br />

fixtures and consideration <strong>of</strong> water confinement measures such as cisterns or water<br />

storage facilities to capture rainwater and snowmelt so as to provide for irrigation and<br />

perhaps a water source for firefighting.<br />

10.3.5 Encourage and support public education on water supply and a drop-<strong>of</strong>f facility for<br />

water testing.<br />

10.4 SEWAGE COLLECTION AND DISPOSAL POLICIES<br />

10.4.1 A study <strong>of</strong> subsurface soil conditions (the terms <strong>of</strong> reference established with<br />

assistance <strong>of</strong> the <strong>North</strong> <strong>Okanagan</strong> Health Region) shall be undertaken to determine the<br />

best method <strong>of</strong> sewage treatment and disposal for new development (where more than<br />

1 additional lot is created). The study shall be carried out prior to rezoning or<br />

subdivision approval as the case may be.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

10.4.2 Holding tanks shall not be permitted as a method <strong>of</strong> sewage disposal except for<br />

commercial and industrial uses pursuant to the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong><br />

Holding Tank Sewage Disposal Bylaw No. 671, 1985 and amendments thereto, and in<br />

an emergency to replace malfunctioning septic tanks on a temporary basis.<br />

10.4.3 Sewage treatment facilities proposed to be utilized for commercial developments which<br />

propose direct discharge <strong>of</strong> effluent into watercourses or water bodies shall not be<br />

supported.<br />

10.4.310.4.4 The <strong>Regional</strong> <strong>District</strong> recognizes that new and innovative independent on-site<br />

system strategies continue to be developed and may have application in the RDNO<br />

subject to approval from the relevant agencies.<br />

10.5 DRAINAGE COLLECTION AND DISPOSAL POLICIES<br />

10.5.1 The <strong>Regional</strong> Board may request a study <strong>of</strong> the drainage requirements for developable<br />

lands located within the Community Plan area to be undertaken before development<br />

approvals are considered. This study shall include the works required, and the method<br />

<strong>of</strong> treatment and disposal, and should consider innovative methods <strong>of</strong> handling and<br />

treatment.<br />

10.5.2 Adequate drainage works, that are consistent with the “Land Development Guidelines<br />

for the Protection <strong>of</strong> Aquatic Habitat (1992)”, shall be provided in conjunction with new<br />

development to ensure that erosion and siltation <strong>of</strong> receiving creeks and streams is<br />

prevented. Such works will also serve to prevent damage to property, including<br />

agricultural lands, by peak drainage run-<strong>of</strong>fs.<br />

10.5.3 The <strong>Regional</strong> <strong>District</strong> has limited capacity to manage stormwater but supports<br />

alternative stormwater management solutions that are both cost effective and<br />

environmentally sustainable. This may include strategies to reduce and control run-<strong>of</strong>f<br />

such as storm water detention ponds, limiting impervious surfaces, retaining open<br />

ditches. Provision shall be made to manage all stormwater safety without <strong>of</strong>fsite<br />

impacts to other properties.<br />

10.5.4 Encourage public acceptance <strong>of</strong> water conservation when designing homes, such as<br />

low water consumption plumbing fixtures and consideration <strong>of</strong> water confinement<br />

measures such as cisterns or water storage facilities to capture rainwater and<br />

snowmelt so as to provide for irrigation and perhaps a water source for fire-fighting.<br />

10.5.5 In rural areas, retain low areas, water bodies, and ditches as part <strong>of</strong> the rainwater and<br />

stormwater drainage system.<br />

10.5.6 Strongly encourage measures to limit run<strong>of</strong>f to minimize the release <strong>of</strong> substances<br />

harmful to the environment. This may include the requirement <strong>of</strong> preventative<br />

measures such as implementation <strong>of</strong> an erosion and sediment control plan or<br />

treatment like stormwater interceptors. Commercial and industrial may require oil<br />

interceptors to mitigate contamination <strong>of</strong> water sources. This is standard practices but<br />

may not be required owing to limited development <strong>of</strong> this nature.<br />

10.6 SOLID WASTE DISPOSAL POLICIES<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

10.6.1 Diversion <strong>of</strong> a variety <strong>of</strong> materials from the waste stream is encouraged through<br />

recycling facilities and backyard composting with special attention paid to the 3R<br />

hierarchy <strong>of</strong> waste management: Reduce-Reuse-Recycle.<br />

10.6.2 Support implementation <strong>of</strong> the policies in the RDNO’s 2007 Solid Waste Management<br />

Plan.<br />

10.7 OTHER UTILITY SERVICE POLICIES<br />

10.7.1 The co-operation <strong>of</strong> the B. C. Hydro and Power Authority shall be solicited in improving<br />

the appearance <strong>of</strong> the structures and rights-<strong>of</strong>-way <strong>of</strong> their transmission lines.<br />

10.7.2 The Zoning bylaw shall continue to allow the installation <strong>of</strong> servicing equipment in<br />

locations where it is required and where it is not <strong>of</strong>fensive because <strong>of</strong> size,<br />

appearance, noise, or odour.<br />

10.7.3 When considering bonus density policies pursuant to Section 904 <strong>of</strong> the Local<br />

Government Act and set out in Section 2 <strong>of</strong> this plan, where an owner provides land<br />

associated with the provision <strong>of</strong> a local utility the <strong>Regional</strong> <strong>District</strong> may consider this a<br />

kind <strong>of</strong> amenity.<br />

10.7.4 Encourage the provision and expansion <strong>of</strong> telecommunications coverage, and<br />

provision <strong>of</strong> natural gas service.<br />

10.7.5 Encourage new developments to consider generating some <strong>of</strong> their own energy with<br />

methods such as solar, wind or geothermal energy. Support the establishment <strong>of</strong> small<br />

scale green energy development projects that use water, wind, sunlight, biomass or<br />

geothermal energy to generate electricity for sale into the electrical transmission and<br />

distribution infrastructure when those facilities:<br />

a. have been property evaluated and are shown to be technically sound,<br />

environmentally sensitive and socially responsible;<br />

b. are located, designed, constructed and operated in a manner that is consistent with<br />

the overall vision for the region, e.g. does not negatively impact environmental<br />

quality;<br />

c. can be connected into the existing transmission and distribution infrastructure with<br />

minimal impact and does not require the development <strong>of</strong> any new major<br />

transmission corridors; and<br />

d. provides tangible community benefits comparable to projects currently under<br />

development.<br />

10.7.6 Discourage the creation <strong>of</strong> lots straddling utility rights-<strong>of</strong>-ways.<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

10.7.7 All land use designations (except Single Family Residential) permit facilities for Public<br />

Utilities and Services.<br />

10.7.8 The <strong>Regional</strong> <strong>District</strong> encourages initiatives exploring new sustainability practices that<br />

would lead to alternative servicing standards, recognizing that approvals for alternative<br />

practices may rest with other jurisdictions.<br />

10.7.810.7.9 Infrastructure that supports local renewable energy (e.g. solar, wind,<br />

geothermal, biomass and hydro) is supported as a permitted use in all land use zones<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

subject to the approval <strong>of</strong> standards in the Zoning By-law for such infrastructure as<br />

solar panels and wind turbines.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

ECONOMY<br />

11<br />

11.1 CONTEXT<br />

The 2006 Census data for the plan area reflect high employment in the primary industries, especially<br />

forestry – the provincial average is 5%, while the plan area is at 15%. Over the last decade there has<br />

been a shrinking in the area’s total labour force, and the role <strong>of</strong> the forestry industry has also declined.<br />

In 2001, for example, primary industry represented 20% <strong>of</strong> the total occupations. Other sectors<br />

where the economy is focused is on processing and manufacturing, trades and transport, and sales<br />

and service.<br />

Within the plan area the residents are concerned about the future<br />

employment opportunities and have been exploring new ways to<br />

diversify the economy and create a more sustainable future.<br />

Opportunities in agriculture, tourism, home-based businesses,<br />

industrial land development and the service sector are among the<br />

options being considered. Due to the remote location <strong>of</strong> many <strong>of</strong> the<br />

areas’ residents and communities there are challenges in establishing<br />

efficient home based businesses as a result <strong>of</strong> the lack <strong>of</strong> high speed<br />

internet access and cell phone coverage.<br />

A sustainable local economy<br />

can grow around a<br />

consciousness that treasures<br />

our piece <strong>of</strong> the earth.<br />

Visioning Workshop 2010<br />

A healthy environment is essential for a healthy economy that is based on natural resources. While<br />

the plan area has expanded to include some areas <strong>of</strong> crown land, there is a large crown land base<br />

outside <strong>of</strong> the plan area that is tightly linked to the future <strong>of</strong> the area and the local economy. Much <strong>of</strong><br />

this land base is outside the scope <strong>of</strong> the local government but local government and the community<br />

can become engaged on key issues such as recreation and community forests, and forest reserves.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

11.2 ECONOMIC POLICIES<br />

11.2.1 Recognize the importance <strong>of</strong> communication<br />

connectivity for businesses and families in rural<br />

areas and work with community groups to explore<br />

options for improving the level <strong>of</strong> communication<br />

services specifically cell phone coverage and high<br />

speed internet access.<br />

11.2.2 Support the innovative and sustainable use <strong>of</strong> local<br />

wood and consider adopting a Wood First Policy<br />

and supporting other Wood Products Initiatives to<br />

capitalize on the area’s natural assets.<br />

Without modernization <strong>of</strong><br />

communication services,<br />

Cherryville will stay in the same<br />

stagnation it is currently<br />

experiencing with the decline <strong>of</strong><br />

the forest industry, etc.<br />

Visioning Workshop 2010<br />

11.2.3 Support initiatives that increase local food production and agricultural activities in the<br />

community.<br />

11.2.4 Continue to support activities that promote local food production and provide<br />

opportunities for the sale <strong>of</strong> produce and other local food products such as the<br />

seasonal Farmers Market or similar opportunities.<br />

11.2.5 Participate in the multiparty efforts to address region-wide economic sustainability,<br />

economic diversification and adjustments, and issues associated with changes in the<br />

local forestry based economy.<br />

11.2.6 As part <strong>of</strong> the diversification <strong>of</strong> the local economy, recognize the role <strong>of</strong> new regional<br />

educational facilities, and encourage these institutions to consider research and<br />

educational opportunities to focus on regional issues, including: research on<br />

agricultural opportunities; forest sector diversification, water conservation.<br />

11.2.7 Work with other agencies and organizations to promote tourism development in<br />

Electoral Areas ‘D’ and ‘E’ and build on the potential associated with:<br />

• innovative home-based employment/business opportunities;<br />

• travel corridors; and<br />

• tourism experiences associated with a high quality natural environment such as<br />

sport-tourism and eco-tourism where the environment and natural surroundings are<br />

protected, enjoyed and respected.<br />

11.2.8 Promote the region as a sustainable rural environment, where planning considers the<br />

environment, social and economic aspects <strong>of</strong> the community. This environment is<br />

anticipated to be a strong draw for new business opportunities that require a healthy,<br />

clean natural environment such as: health retreats, and natural or organic farming.<br />

11.2.9 The <strong>Regional</strong> <strong>District</strong> will continue to support and encourage annual sporting and<br />

artistic events and festivals (e.g. Cherryville Days) as important economic benefits to<br />

the community.<br />

11.2.911.2.10 The plan area contains significant cultural, business and recreational assets<br />

that contribute to the quality <strong>of</strong> life for local residents. Potentially these assets may<br />

also support stronger tourism opportunities. The RDNO may have a role in assisting<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

the region to better develop their tourism potential through various tourism market<br />

research and planning initiatives. Others in the region that may be able to support this<br />

initiative include the Thompson <strong>Okanagan</strong> Tourism Association (TOTA), a regional<br />

destination marketing organization (RDMO) and the School <strong>of</strong> Tourism at Thompson<br />

Rivers University.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

DEVELOPMENT PERMIT AREAS<br />

12<br />

12.1 GENERAL<br />

Section 919 <strong>of</strong> the Local Government Act states that an Official Community Plan may designate<br />

Ddevelopment Ppermit Aareas for one or more <strong>of</strong> the following purposes: for the protection <strong>of</strong> the<br />

natural environment, protection <strong>of</strong> development from hazardous conditions, and/or to regulate the<br />

form and character <strong>of</strong> commercial, industrial, or multi-family residential development.<br />

There are three types <strong>of</strong> Development Permit Areas within the Community Plan area where<br />

development permits are required:<br />

1) Protection <strong>of</strong> the Natural Environment: Riparian Development Permit Area<br />

2) Protection <strong>of</strong> Development Conditions: Hazardous Lands Development Area<br />

3) Form and Character <strong>of</strong> Industrial and Commercial Development: Commercial and Industrial<br />

Development Permit Area<br />

12.1.1 Where land is subject to more than one Development Permit Area designation, a single<br />

development permit is required. The application will be subject to the requirements <strong>of</strong><br />

all applicable Development Permit Areas, and any development permit issued will be in<br />

accordance with the guidelines <strong>of</strong> all such areas.<br />

12.1.2 The Board may consider the adoption <strong>of</strong> a Delegation Bylaw whereby <strong>Regional</strong> <strong>District</strong><br />

staff could issue delegated development permits where: Delegated development<br />

permits will be issued by <strong>Regional</strong> <strong>District</strong> staff where:<br />

i. variances or floodplain exemptions will not be required to any community<br />

Community planPlan, Zoning Bylaw or subdivision Subdivision bylaw Bylaw <strong>of</strong><br />

the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong>; and<br />

ii. in development permit areas designated as Riparian Areas or Hazardous<br />

Lands, the use is low density residential, rural or agricultural only, and<br />

• The proposed building or use <strong>of</strong> land conform with flood plain setbacks<br />

and Flood Construction Levels contained in the <strong>Regional</strong> <strong>District</strong> Zoning<br />

Bylaw; and<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

• The use will not involve the bulk storage <strong>of</strong> fuel oil, gasoline or other<br />

substances that could result in the pollution <strong>of</strong> the environment; and<br />

• Where no existing land clearing, placement <strong>of</strong> fills, or other works or<br />

undertakings have occurred on the lands in question that may have<br />

resulted in the harmful alteration, disruption or destruction (HADD) <strong>of</strong><br />

fisheries habitat and is in accordance with the Riparian Areas<br />

Regulation.<br />

The <strong>Regional</strong> <strong>District</strong> recognizes that variances a variance may could be considered as<br />

part <strong>of</strong> the Development Permit process, but not necessarily approved, for new<br />

developments where site specific conditions warrant reduced setback standards such<br />

as, but not limited to, situations where topographical constraints would necessitate<br />

environmental modification.<br />

12.1.3 The <strong>Regional</strong> <strong>District</strong> may establish Development Permit Area designations and<br />

guidelines pursuant to the Local Government Act section 919.1(gf) to guide the form<br />

and character <strong>of</strong> development in a resort area such as Comprehensive Developments<br />

and Ecovillage Developments if one is proposed to be established through applications<br />

to amend this Official Community Plan. For properties designated Comprehensive<br />

Development or Ecovillage Development a development permit following the<br />

guidelines <strong>of</strong> 12.5 Commercial and Industrial Development Permit Area will apply.<br />

12.1.4 Where new information is received concerning areas that may be hazardous or where<br />

protection <strong>of</strong> the natural environment is justified, the <strong>Regional</strong> <strong>District</strong> will consider<br />

designation <strong>of</strong> these areas within a Development Permit Area.<br />

12.2 RIPARIAN DEVELOPMENT PERMIT AREA<br />

Designation<br />

12.2.1 The Riparian Development Permit Area (RDPA) is designated under<br />

Section 919.1(1)(a) <strong>of</strong> the Local Government Act. The primary objective <strong>of</strong> the<br />

Riparian Development Permit Area designation is to regulate development activities in<br />

watercourses and their riparian areas in order to preserve natural features, functions<br />

and conditions that support natural processes. The RDPA will assist the RDNO in<br />

implementing the Provincial Riparian Areas Regulation, which applies to<br />

“development” involvingincluding:<br />

a) removal, alteration, disruption or destruction <strong>of</strong> vegetation;<br />

b) disturbance <strong>of</strong> soils;<br />

c) construction or erection <strong>of</strong> buildings and structures;<br />

d) creation <strong>of</strong> non-structural impervious or semi-impervious surfaces;<br />

e) flood protection works;<br />

f) construction <strong>of</strong> roads, trails, docks, wharves, and bridges;<br />

g) provision and maintenance <strong>of</strong> sewer and water services;<br />

h) development <strong>of</strong> drainage systems;<br />

i) development <strong>of</strong> utility corridors;<br />

j) subdivision as defined in Section 872 <strong>of</strong> the Local Government Act;<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

within a “riparian assessment area” as defined in 12.2.3.<br />

Area<br />

12.2.2 The <strong>Regional</strong> <strong>District</strong> considers that the Shuswap River Watershed, including Sugar<br />

Lake, Mabel Lake, Rawlings Lake, the Shuswap River and all other watercourses as<br />

subject to the Riparian Areas RegulationsDevelopment Permit Area.<br />

12.2.3 The RDPA is consistent with the Riparian Assessment Area (Figure 12.1), as is defined<br />

under the Provincial Riparian Areas Regulation (RAR) as:<br />

a. For a stream, the 30 metre strip on both sides <strong>of</strong> the stream measured from the<br />

high water mark,<br />

b. For a ravine less than 60 metres wide, a strip on both sides <strong>of</strong> the stream<br />

measured from the high water mark to a point that is 30 metres beyond the top <strong>of</strong><br />

the ravine bank; and<br />

c. For a ravine 60 metres wide or grater, a strip on both sides <strong>of</strong> the stream<br />

measured from the high water mark to a point that is 10 metres beyond the top <strong>of</strong><br />

the ravine bank.<br />

High water mark is defined under the Riparian Areas Regulations (RAR) as the visible<br />

high water mark <strong>of</strong> a stream where the presence and action <strong>of</strong> the water are so<br />

common and usual, and so long continued in all ordinary years, as to mark on the soil<br />

<strong>of</strong> the bed <strong>of</strong> the stream a character distinct from that <strong>of</strong> its banks, in vegetation, as well<br />

as in the nature <strong>of</strong> the soil itself, and includes the active floodplain.<br />

Stream is defined under the Regulations (RAR) as any <strong>of</strong> the following that provides<br />

fish habitat:<br />

a. a watercourse, whether it usually contains water or not;<br />

b. a pond, lake, river, creek or brook;<br />

c. a ditch, spring or wetland that is connected by surface flow to something referred to<br />

in paragraph a) or b).<br />

Ravine is defined under the Regulations (RAR) as a narrow, steep sided valley that is<br />

commonly eroded by running water and has a slope grade greater than 3:1.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Figure 12.1: Riparian Assessment Area:<br />

Source: British Columbia Ministry <strong>of</strong> Water, Land & Air Protection, Riparian<br />

Areas Regulation Implementation Guidebook, March 2005<br />

Guidelines<br />

12.2.4 Drawings for Riparian Development Permit Area Applications should include a detailed<br />

site plan that indicates:<br />

a. location <strong>of</strong> existing and proposed buildings and structures in relation to any<br />

sensitive area, watercourse, pond or lake on, or adjacent to the subject property<br />

and;<br />

b. location <strong>of</strong> existing and proposed driveways, parking areas and other impervious<br />

surface areas and how the storm water run-<strong>of</strong>f will be managed, and;<br />

c. location <strong>of</strong> existing and proposed vehicular routes that cross watercourses,<br />

including details on culverts and bridges, (Note that culvert construction in fishery<br />

streams may be violations <strong>of</strong> Section 35(1) <strong>of</strong> the federal Fisheries Act) andor<br />

stream crossings which may require approval from the Department <strong>of</strong> Fisheries and<br />

Oceans Canada (DFO);<br />

d. details on existing and proposed streamside vegetation. ;<br />

e. stormwater management systems and sediment control plans consistent tothat will<br />

protect water quality and quantity <strong>of</strong> any nearby fish bearing watercourses;<br />

f. Details details on the proposed method <strong>of</strong> sewage disposal; and<br />

f.g. an assessment by a Qualified Environmental Pr<strong>of</strong>essional (QEP) must be carried<br />

out in accordance with the Riparian Areas Regulation. The <strong>Regional</strong> <strong>District</strong> <strong>of</strong><br />

<strong>North</strong> <strong>Okanagan</strong> requires notification from the Province that a Riparian Areas<br />

assessment report has been received, demonstrating that the proposed<br />

development meets the requirements <strong>of</strong> Section 4(2) or <strong>of</strong> Section 4(3) <strong>of</strong> the<br />

Riparian Areas Regulation.<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

12.2.5 Upon reviewing a Riparian Development Permit application the <strong>Regional</strong> Board will<br />

consider the following guidelines.<br />

a. land within an identified spea Streamside Protection & Enhancement Area (SPEA)<br />

as determined by a QEP should be kept free <strong>of</strong> development with the exceptions <strong>of</strong><br />

fencing, and works and plantings to control erosion, protect banks, protect fisheries<br />

or otherwise preserve and enhance the natural water course and associated<br />

habitats;<br />

b. the <strong>Regional</strong> Board may, where appropriate, require fencing <strong>of</strong> sensitive habitat to<br />

protect fish bearing watercourses from livestock or the public, as a condition <strong>of</strong><br />

development approval;<br />

c. an assessment by a Qualified Environmental Pr<strong>of</strong>essional (QEP) must be carried<br />

out in accordance with the Riparian Areas Regulation and the report must state in<br />

their pr<strong>of</strong>essional opinion that a lesser setback will not negatively affect the<br />

functioning <strong>of</strong> the watercourse or riparian area and that the criteria listed in the<br />

Riparian Areas Regulation has been fulfilled, including acceptance by DFO and<br />

MOE where required.<br />

d. c. the <strong>Regional</strong> Board may require a Restrictive Covenant to ensure long term<br />

protection <strong>of</strong> vegetation along a natural watercourse, pond or lake so that it will be<br />

maintained to provide shade for the water surface, bank stability, and wildlife or<br />

waterfowl habitat sufficient for species which frequent the area;<br />

e. d. a means <strong>of</strong> sewage disposal that does not discharge directly into a waterbody<br />

or watercourse shall be installed for all developments.<br />

f. e. for Commercial Zones the applicant must provide evidence that the filings<br />

required by the Sewerage System Regulation under the Health Act have been<br />

made, or that a holding tank permit has been issued under the Regulation and the<br />

proposed holding tank complies with <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Holding<br />

Tank Sewage Disposal Bylaw No. 671, 1985 and amendments thereto, or that<br />

sewage will be disposed <strong>of</strong> in accordance with the Municipal Sewage Regulations<br />

under the Environmental Management Act.<br />

g. f. where an on-site sewage disposal system is proposed as part <strong>of</strong> a commercial<br />

development, a study <strong>of</strong> subsurface soil conditions may be required to be<br />

undertaken by a QEP qualified pr<strong>of</strong>essional to determine the suitability for this<strong>of</strong> the<br />

proposed system and septic tank, drainage and deposit fields or systems utilizing<br />

the irrigation <strong>of</strong> waste water shall be prohibited in areas containing unsuitable soil<br />

or groundwater which is subject to degradation;<br />

h. g. a storm water management system should be installed to control the quantity<br />

and quality <strong>of</strong> run-<strong>of</strong>f from parking areas, internal roadways, and buildings, and<br />

these systems shall should be in accordance with recommendations <strong>of</strong> the QEP.<br />

i. h. commercial and industrial developments which entail the use <strong>of</strong> chemical<br />

products which could contaminate the natural environment shall provide means to<br />

control these products within an appropriate containment facility as approved by<br />

the authority having jurisdiction.<br />

Exemptions<br />

12.2.6 Notwithstanding the Policies <strong>of</strong> this Section and pursuant to Section 919.1 (4) <strong>of</strong> the<br />

Local Government Act, the following development proposals may not require Development<br />

Permits:<br />

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December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

a. the construction, alteration, addition, repair, demolition and maintenance <strong>of</strong> farm<br />

buildings, farm fences and normal farm practices as they are subject to the Farm<br />

Practices Protection (Right to Farm) Act;<br />

b. reconstruction, renovation or repair <strong>of</strong> a legal permanent structure that maintains<br />

the same footprint in accordance with provisions <strong>of</strong> the relevant section <strong>of</strong> the Local<br />

Government Act. Only if the existing footprint is expanded or moved and or land or<br />

vegetation is disturbed would a RDPA Riparian Development Permit be required;<br />

b.c. a proposed subdivision where a Riparian Area assessment report has been<br />

completed; or where no modifications are proposed within the Riparian<br />

Assessment Area and a Section 219 covenant has been registered on the title <strong>of</strong><br />

the property restricting development within the Riparian Assessment Area;<br />

complies with all conditions <strong>of</strong> subdivision required by the applicable provincial and<br />

federal agencies and the applicant’s solicitor has <strong>of</strong>fered an unconditional letter <strong>of</strong><br />

undertaking to register any and all restrictive covenants required by those agencies<br />

as a condition precedent to final subdivision approval by the <strong>Regional</strong> <strong>District</strong>;<br />

c.d. clearing <strong>of</strong> land for cultivation, growing and harvesting <strong>of</strong> crops. However, the<br />

landowner should contact the Ministry <strong>of</strong> Environment and the Department <strong>of</strong><br />

Fisheries and Oceans appropriate agencies to ensure compliance with provincial<br />

and federal regulations;<br />

d.e. an area where the applicant can demonstrate that the conditions guidelines <strong>of</strong><br />

the RDPA Riparian Development Permit Area have already been satisfied, or a<br />

Development Permit for the same area has already been issued in the past and the<br />

conditions in the Development Permit have all been met, or the conditions<br />

addressed in the previous Development Permit will not be affected; or<br />

e.f. a letter is provided by a QEP confirming that there is no watercourse or riparian<br />

area as defined by the Riparian Areas Regulation.<br />

12.3 HAZARDOUS LANDS DEVELOPMENT PERMIT AREA<br />

Designation<br />

Area<br />

12.3.1 The Hazardous Lands Development Permit Area (HLDPA) is designated under the<br />

Local Government Act, Section 919.1(1)b for the purpose <strong>of</strong> protecting development<br />

from hazardous conditions.<br />

12.3.2 The Hazardous Lands Development Permit Area has been established to identify lands<br />

where development within the identified hazard areas may create a risk to property.<br />

12.3.3 The objectives <strong>of</strong> the Hazardous Lands Development Permit Area are:<br />

a. To promote awareness <strong>of</strong> the potential hazards related to terrain conditions which<br />

may be present;<br />

b. To allow appropriate development <strong>of</strong> lands within specified areas, supported by<br />

geotechnical assessment and incorporation <strong>of</strong> appropriate design provisions to<br />

mitigate hazards and ensure safe development, where identified natural hazards<br />

warrant such provisions.<br />

12.3.4 Lands subject to hazardous conditions and designated as the Hazardous Lands<br />

Development Permit Area include: the alluvial fans <strong>of</strong> four area creeks (Sowsap,<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Ireland, Bigg and Gallon Creeks and the NE ¼ <strong>of</strong> Section 33 Township 43, near the<br />

south end <strong>of</strong> Mabel Lake) and all Provincially designated floodplains that exist along<br />

the Shuswap River, its lake system, Bessette Creek and Duteau Creek as shown on<br />

Schedule D.<br />

Unless a Development Permit exemption applies, all properties within areas shown as<br />

Hazardous Lands on Schedule D will require a Hazardous Lands Development Permit<br />

prior to one, or both any <strong>of</strong> the following:<br />

a. Subdivision <strong>of</strong> Lland must not be subdivided; or<br />

b.a. Construction <strong>of</strong>, addition to or alteration <strong>of</strong> a building or other structure must not be<br />

started; or<br />

c.b. Alteration <strong>of</strong> Lland or a building or other structure must not be altered.<br />

Guidelines<br />

12.3.5 Upon reviewing a Hazardous Lands Development Permit application the <strong>Regional</strong><br />

Board will consider the following guidelines:<br />

Alluvial Fans and Unstable Slopes<br />

a. restricting the construction <strong>of</strong> septic tank, drainage and deposit fields, or irrigation<br />

or water systems in areas containing unstable soil;<br />

b. vegetation planting and/or preservation to control erosion or to protect banks where<br />

requested by the Ministry <strong>of</strong> Environment and/or Department <strong>of</strong> Fisheries and<br />

Oceans Canada; and<br />

c. construction <strong>of</strong> works necessary to eliminate the hazard in which the<br />

recommendations <strong>of</strong> a qualified geotechnical engineer shall be required to be<br />

provided by the developer.<br />

d. where a qualified geotechnical engineer reports that the proposed development<br />

cannot be safely constructed on the land, the Development Permit Application may<br />

be refused.<br />

e. registration <strong>of</strong> a Restrictive Covenant to save harmless the <strong>Regional</strong> <strong>District</strong> in the<br />

event <strong>of</strong> any damages as a result <strong>of</strong> land slippage, debris flow or flooding. The<br />

Restrictive Covenant may be registered on title identifying the hazard and remedial<br />

requirements as specified in the geotechnical or engineering reports for the benefit<br />

and safe use <strong>of</strong> future owners.<br />

Shuswap River, Bessette Creek and Duteau Creek Floodplain Areas<br />

a. no buildings or foundations for buildings should be built within an area below the<br />

Normal High Water Mark <strong>of</strong> a lake or watercourse as defined by the Ministry <strong>of</strong><br />

Environment; and,<br />

b. the <strong>Regional</strong> Board may require a Restrictive Covenant for a development within a<br />

floodplain, as defined by the Ministry <strong>of</strong> Environment to save harmless the <strong>Regional</strong><br />

<strong>District</strong> in the event <strong>of</strong> any damages as a result <strong>of</strong> land slippage, debris flow or<br />

flooding. The Restrictive covenant may be registered on title identifying the hazard<br />

and remedial requirements as specified in the geotechnical or engineering reports<br />

for the benefit and safe use <strong>of</strong> future owners.<br />

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Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

b.c. the <strong>Regional</strong> Board may consider requests for exemption to the Floodplain in<br />

accordance with section 910(5), and 910(6) <strong>of</strong> the LGA.<br />

Exemptions<br />

12.3.6 Notwithstanding the Policies <strong>of</strong> this Section and pursuant to Section 919.1 (4) <strong>of</strong> the<br />

Local Government Act, the following development proposals may not require<br />

Development Permits:<br />

a. interior alterations or repairs to a building;<br />

b. exterior decks, walkways, ramps, stairways;<br />

c. accessory buildings not greater than 10m² which conform to the Zoning Bylaw;<br />

d. additions <strong>of</strong> not greater than 25 percent <strong>of</strong> the existing building footprint which<br />

conform to the Zoning Bylaw;<br />

e. repairs to malfunctioning septic systems;<br />

f. the siting <strong>of</strong> the building is located outside <strong>of</strong> the designated Floodplain area as<br />

shown on Schedule D;<br />

12.3.7 A Development Permit may also not be required where:<br />

a. developments is in the floodplain where the conditions <strong>of</strong> the Floodplain<br />

Management Provisions <strong>of</strong> the Zoning Bylaw have been met;<br />

b. the proposed building will not be used for storage <strong>of</strong> hazardous chemicals;<br />

c. the proposed building is not located in an area that may be subject to torrents or<br />

land slippage, and;<br />

d. there is an existing covenant registered on the property that “Saves Harmless” the<br />

<strong>Regional</strong> <strong>District</strong> from damages due to flooding, torrents or land slippage.<br />

12.4 COMMERCIAL AND INDUSTRIAL DEVELOPMENT PERMIT AREA<br />

Designation<br />

12.4.1 The Commercial and Industrial Development Permit Area is designated under<br />

Section 919.1(1)(f) <strong>of</strong> the Local Government Act as an area for the establishment <strong>of</strong><br />

objectives and the provision <strong>of</strong> guidelines for the form and character <strong>of</strong> commercial and<br />

industrial development. including alterations and additions, and shall require a<br />

Development Permit prior to issuance <strong>of</strong> a Building Permit or Authorization to<br />

Construct.<br />

12.4.2 The <strong>Regional</strong> <strong>District</strong> has the objective <strong>of</strong> maintaining the attractive rural setting and<br />

visual quality within Electoral Areas and to ensure that the form and character <strong>of</strong><br />

commercial and industrial developments are appropriately integrated into this rural<br />

setting and co-ordinated with existing developments in these areas.<br />

Area<br />

12.4.3 The Commercial and Industrial Development Permit Area includes all lands as<br />

designated commercial or industrial on Schedules B, B1 and B2.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

12.4.412.4.3 Unless a Development Permit exemption applies, all properties that are<br />

currently, or become zoned for Commercial and Industrial uses will require a<br />

commercial and Industrial Development Permit prior to one or bothany <strong>of</strong> the following:<br />

a. Subdivision <strong>of</strong> land;; or<br />

b. construction <strong>of</strong>, addition to or alteration <strong>of</strong> a building or other structure.<br />

Guidelines<br />

12.4.512.4.4 General principles <strong>of</strong> building siting and design are provided to help guide<br />

quality building standards appropriate to the plan area as follows:<br />

a. the massing <strong>of</strong> buildings should be variable in form and should be incorporated<br />

where practical, into smaller blocks which relate to the contours <strong>of</strong> the natural<br />

landscape;<br />

b. where more than one building is to be constructed on the site, the buildings should<br />

share common architectural features;<br />

c. exterior design and finish should incorporate products which complement the<br />

natural setting and include materials characteristic <strong>of</strong> the region such as smooth<br />

face brick, stucco, stone, natural stained or painted wood, or some combination <strong>of</strong><br />

the above;<br />

d. the form and character <strong>of</strong> development and landscaping should harmonize with the<br />

natural setting and should reflect a low density <strong>of</strong> development. Landscaping<br />

should:<br />

• include groups <strong>of</strong> large native tree species and will be used to stabilize graded<br />

areas;<br />

• include supplementary screening in the form <strong>of</strong> fencing, hedging, planting, other<br />

screening materials or a combination <strong>of</strong> materials in the following areas:<br />

- around outdoor storage areas<br />

- around waste containers<br />

- around heating and cooling equipment and other service areas<br />

- between parking areas and the street<br />

• retain significant existing vegetation to retain the existing character <strong>of</strong> the area.<br />

This is especially important when development occurs adjacent to established<br />

rural and low density residential areas; and<br />

• where commercial or industrial properties border lands that are in the<br />

Agricultural Land Reserve, properties will be fenced on the developed side to<br />

discourage trespass onto agricultural lands. A minimum 6m setback/buffer<br />

shall should be provided between highway commercial uses and agricultural<br />

lands. The buffer can be landscaped but should not be incorporated into the<br />

overall land use activities.<br />

12.4.612.4.5 New development must provide safe and efficient vehicle entrances, exits and<br />

site circulation. Vehicle parking should be encouraged at the rear or side <strong>of</strong> a building<br />

and should be broken into smaller groups, and the smaller groups should be separated<br />

with landscaping or natural vegetation while still maintaining sight distances for safe<br />

access and egress.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

12.4.712.4.6 Design drawings for a Development Permit Application respecting the form and<br />

character <strong>of</strong> commercial or industrial development should include the following:<br />

a. a landscape plan indicating how the landscaping will co-ordinate with existing<br />

developments in the area and/or the natural surroundings as well as the size and<br />

density <strong>of</strong> plantings, type and density <strong>of</strong> ground cover, and the dimensions <strong>of</strong> the<br />

landscape area;<br />

b. a development plan indicating the location and size <strong>of</strong> buildings, parking areas,<br />

fencing, outside lighting, as well as the size, design and location <strong>of</strong> any signs;<br />

c. the building design showing the character <strong>of</strong> the building, exterior architectural<br />

details, building materials, and colours; and,<br />

d. demonstrate ability to harmonize with the natural landscape, including minimizing<br />

the impacts <strong>of</strong> servicing.<br />

Exemptions<br />

12.4.812.4.7 Notwithstanding the Policies <strong>of</strong> this Section and pursuant to Section 919.1 (4) <strong>of</strong><br />

the Local Government Act, and with approval, the following development proposals<br />

may not require Development Permits:<br />

a. the erection <strong>of</strong> signs provided they conform to the requirements <strong>of</strong> the Ministry <strong>of</strong><br />

Transportation and Infrastructure Sign Policy and the "<strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong><br />

<strong>Okanagan</strong> Zoning Bylaw";<br />

b. minor additions to, or alterations <strong>of</strong>, a building or structure provided the addition or<br />

alteration conforms to all the requirements <strong>of</strong> the Zoning Bylaw and does not<br />

require additional parking stalls and promotes the attractive natural setting and<br />

visual quality <strong>of</strong> the Electoral Area; or<br />

c. interior renovations that do not affect the exterior <strong>of</strong> the building, the repair or<br />

replacement <strong>of</strong> ro<strong>of</strong>ing, or painting;<br />

c.d. construction, including alterations and additions, to accessory buildings which will<br />

not be visible from an adjacent public road right-<strong>of</strong>-way, adjacent park or adjacent<br />

residential property, provided that the proposal requires no variance(s) from the<br />

Zoning Bylaw, no assessment under the Riparian Areas Regulation and no<br />

approval from the appropriate provincial ministry or agency.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

IMPLEMENTATION<br />

13<br />

This Official Community Plan (OCP) points the general direction in which future growth and<br />

development should proceed. The adoption <strong>of</strong> the OCP is an initial and necessary step toward the<br />

realization <strong>of</strong> the objectives and goals within the OCP, yet it is only through implementation that the<br />

OCP will be fully effective. This Plan will be implemented through a variety <strong>of</strong> measures, ranging from<br />

the development <strong>of</strong> new bylaws and the direct involvement <strong>of</strong> residents, land owners, and<br />

stakeholders through RDNO committees and commissions, preparation <strong>of</strong> specified plans and<br />

studies, and public participation. Certain measures are to be implemented immediately; others may<br />

require months or years to complete. Some measures, such as increased community involvement,<br />

are ongoing while others will only be implemented when staff and the Board <strong>of</strong> Directors are reviewing<br />

new development applications.<br />

All proposed changes to this Plan must follow the amendment procedures contained in the Local<br />

Government Act. In addition, any proposed changes will be referred to the Advisory Planning<br />

Commissions, and public hearings as required by the Local Government Act to provide residents with<br />

the opportunity to comment on the issues and get involved in the implementation <strong>of</strong> the Plan. While<br />

every effort has been made in the preparation <strong>of</strong> this OCP to anticipate future development and<br />

associated requirements, it is important to stress that occasional amendments to this OCP may occur<br />

in response to new circumstances and situations.<br />

The following table is provide to highlight actions and responsibilities for the implementation <strong>of</strong> the<br />

OCP. Terms used in the implementation table include:<br />

Timing:<br />

Immediate 0-1 year Short 1-2 years<br />

Medium 2-5 years Long >5 years<br />

Ongoing – taking place now and will continue to be implemented<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Action:<br />

Co-operative<br />

Policy<br />

Regulatory<br />

Advocacy<br />

Education<br />

Management<br />

Implementation requires multiple parties to work cooperatively.<br />

Participants include: RDNO, First Nations, local<br />

community groups and members, agencies, provincial and<br />

federal government.<br />

Directs future RDNO decision making and actions.<br />

Implemented through local regulations.<br />

Activities to promote or support initiatives <strong>of</strong> interest to the<br />

community and its resources.<br />

Goal is to improve awareness and understanding.<br />

Activities that may be undertaken by the RDNO as part <strong>of</strong><br />

ongoing administrative functions.<br />

Policy Action<br />

Type <strong>of</strong> Timing<br />

Sec.<br />

Action<br />

Environment – Environmentally Sensitive Areas<br />

3.2.1 Support preparation <strong>of</strong> SEI and include community Co-operative Medium<br />

in process.<br />

3.2.2 Use tools to protect ESA’s. Policy Long<br />

3.2.3 Request Environmental Review with Development Regulatory Ongoing<br />

Approval process.<br />

3.2.4 Discourage small lot subdivision in areas with Policy Long<br />

wildlife significance.<br />

3.2.5 Support efforts <strong>of</strong> community organizations. Policy Ongoing<br />

3.2.6 Recognition <strong>of</strong> watercourses as environmentally Policy Ongoing<br />

sensitive areas.<br />

Environment – Watercourses and Riparian Areas<br />

3.3.1 Encourage federal and provincial agencies to Co-operative/ Ongoing<br />

monitor environmental issues.<br />

Advocacy<br />

3.3.2 Encourage programs that enhance fish capability <strong>of</strong> Co-operative/ Ongoing<br />

watercourses.<br />

Advocacy<br />

3.3.3 Designation <strong>of</strong> watercourses as Riparian<br />

Regulatory Ongoing<br />

Development Permit Areas, within the framework <strong>of</strong><br />

the Provincial Riparian Areas Regulation.<br />

Environment – Wildlife<br />

3.4.1 Work with federal and provincial agencies to protect Co-operative/ Ongoing<br />

wildlife and wildlife habitat.<br />

Advocacy<br />

3.4.2 Consider developing a Bear Aware Strategy. Education Medium<br />

3.4.3 Require consideration <strong>of</strong> wildlife movement in Policy Ongoing<br />

neighbourhood planning projects.<br />

3.4.4 Work with relevant agencies to develop a “no Co-operative Medium<br />

shooting” strategy in Cherryville.<br />

Environment – Floodplains & Alluvial Fans<br />

3.5.1 Require flood pro<strong>of</strong>ing <strong>of</strong> buildings located in areas Regulatory Ongoing<br />

subject to flooding.<br />

3.5.2 Designation <strong>of</strong> alluvial fans as Hazardous Lands<br />

Development Permit Areas.<br />

Regulatory Ongoing<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy Action<br />

Type <strong>of</strong> Timing<br />

Sec.<br />

Action<br />

Environment - Wildfire<br />

3.6.1 Work with appropriate agencies to develop Co-operative Ongoing<br />

strategies to prevent interface fires.<br />

3.6.2 Encourage development to be consistent with Co-operative/ Ongoing<br />

provincial Best Practices for reducing risk <strong>of</strong> loss<br />

from wildfires.<br />

Advocacy<br />

3.6.3 Work with relevant agencies to develop mapping <strong>of</strong> Co-operative/ Ongoing<br />

wildfire risks and to plan for new development. Advocacy<br />

3.6.4 Continue to work on education related to Fire Smart Education Ongoing<br />

in rural areas.<br />

3.6.5 Encourage new construction using Fire Smart Co-operative/ Medium<br />

principles.<br />

Education<br />

3.6.6 Encourage harvesting <strong>of</strong> health damaged trees. Co-operative Short<br />

3.6.7 Work with relevant agencies on emergency Co-operative/ Ongoing<br />

preparedness.<br />

Management<br />

Environment – Tree Retention and Expansion<br />

3.7.1 Encourage tree retention and expansion to benefit Co-operative/ Ongoing<br />

the environment.<br />

Advocacy<br />

Environment – Hazardous Conditions<br />

3.8.1 Recognition <strong>of</strong> hazardous conditions, floodplains Policy Ongoing<br />

and alluvial fans.<br />

3.8.2 Designation <strong>of</strong> Development Permit Area for Regulation Ongoing<br />

floodplains and alluvial fans.<br />

3.8.3 Possible request for Hazard Report for crown land Policy Ongoing<br />

development applications.<br />

Environment – Energy and Conservation<br />

3.9.1 Encourage management and best practices in<br />

energy efficiency.<br />

Co-operative/<br />

Advocacy<br />

Ongoing<br />

3.9.2 Endeavour to participate in senior government<br />

programs that help plan for local-scale impacts <strong>of</strong><br />

climate change.<br />

Co-operative/<br />

Advocacy<br />

3.9.3 Encourage planning, design, and construction<br />

strategies to minimize GHG emissions.<br />

Co-operative/<br />

education<br />

3.9.4 Encourage developers to follow best practices in Co-operative/<br />

sustainable development.<br />

education<br />

3.9.5 Consider creating incentives for responsible Policy<br />

development practices.<br />

3.9.6 Explore strategies to increase recycling options. Management<br />

Co-operative<br />

3.9.7 Encourage support and application <strong>of</strong><br />

Policy<br />

environmental best practices.<br />

3.9.8 Encourage and support initiatives to upgrade woodburning<br />

Management<br />

appliances.<br />

Co-operative<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Medium<br />

Short<br />

Ongoing<br />

Medium<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy Action<br />

Type <strong>of</strong> Timing<br />

Sec.<br />

Action<br />

Environment – Climate Change<br />

3.10.1 Meet GHG emission targets consistent with the Policy/ Immediate<br />

overall target <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> and<br />

implement strategies that support GHG reductions.<br />

Management<br />

3.10.2 Support the goals <strong>of</strong> the Climate Action Charter. Policy/ Ongoing<br />

Management<br />

3.10.3 Consider completion <strong>of</strong> a Climate Action Plan. Policy Medium<br />

3.10.4 Adopt a “lead by example” approach to energy and Policy/ Short<br />

emissions planning.<br />

Management<br />

3.10.5 Incorporate GHG reduction strategies when Policy Ongoing<br />

engaged in RD projects.<br />

3.10.6 Research provincially funded GHG initiatives that Co-operative/ Short<br />

are available to the <strong>Regional</strong> <strong>District</strong>.<br />

Management<br />

3.10.7 Explore new economically feasible policies,<br />

strategies and initiatives to reduce GHG emissions<br />

and build environmentally sustainable communities.<br />

Policy Medium<br />

Agricultural & Resource Use - Agricultural<br />

4.2.1 Designation <strong>of</strong> ALR lands for Agricultural Use. Policy Ongoing<br />

4.2.2 Agricultural use shall be in accordance with the Policy Ongoing<br />

ALC Act.<br />

4.2.3 Minimum parcel size for Agricultural lands 30.5 ha. Policy/ Ongoing<br />

Regulation<br />

4.2.4 Support the ALC efforts to protect and enhance Policy/ Ongoing<br />

farmland.<br />

Co-operative<br />

4.2.5 Support sensitive siting <strong>of</strong> Agricultural Industrial Policy Ongoing<br />

uses.<br />

4.2.6 Permit Agricultural Industrial uses subject to RDNO Policy/ Ongoing<br />

Zoning.<br />

Regulation<br />

4.2.7 Require applicant for ALR exclusions to provide soil Policy Ongoing<br />

analysis and assess impacts on agriculture.<br />

4.2.8 Maintain rural character to support agriculture. Policy Ongoing<br />

4.2.9 Require buffer to protect ALR lands on adjoining Policy/ Ongoing<br />

non-agricultural lands.<br />

Regulation<br />

4.2.10 Encourage agricultural land management practices Co-operative Ongoing<br />

that improve water quality.<br />

4.2.11 Support ALC decisions for smaller lot sizes for Policy Ongoing<br />

unique siting considerations (e.g. roads).<br />

4.2.12 Support ALC policies for agri-tourism businesses. Policy/ Short<br />

Regulation<br />

4.2.13 Support agricultural use as part <strong>of</strong> crown land Co-operative Ongoing<br />

multiple use land management models.<br />

4.2.14 Minimize conflicts between agricultural and other<br />

land uses.<br />

Co-operative/<br />

Policy/<br />

Regulation<br />

Ongoing<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy Action<br />

Type <strong>of</strong> Timing<br />

Sec.<br />

Action<br />

4.2.15 Support farming operations that follow provincial Co-operative/ Ongoing<br />

regulations and best management practices. Policy<br />

4.2.16 Recognize the importance <strong>of</strong> local food production, Co-operative/ Immediate<br />

processing, distribution and sale <strong>of</strong> locally grown<br />

products.<br />

Policy/<br />

Education<br />

4.2.17 Encourage strategies that will see large agricultural Policy/ Ongoing<br />

land holdings retained and consolidated as single<br />

operations.<br />

Regulation<br />

4.2.18 Direct roads and utility corridors away from ALR. Co-operative/ Ongoing<br />

Policy<br />

4.2.19 Support proposals that enhance local agriculture. Policy Ongoing<br />

Agricultural & Resource Use - Resource<br />

4.3.1 Designation <strong>of</strong> large areas <strong>of</strong> undeveloped land and Policy/ Ongoing<br />

crown land for Resource Use.<br />

Regulation<br />

4.3.2 Subdivision <strong>of</strong> these areas is discouraged. Policy Ongoing<br />

4.3.3 Ensure that local interests are considered in future Policy/ Ongoing<br />

planning for Resource lands.<br />

Co-operative<br />

4.3.4 Commercial and Industrial Development Permit Policy/ Ongoing<br />

Area may apply to new Industrial Resource uses. Regulation<br />

4.3.5 Minimum Parcel size for Resource lands is 30.5 ha. Policy/ Ongoing<br />

Regulation<br />

4.3.6 Recognize the <strong>Okanagan</strong> Shuswap Land &<br />

Resource Management Plan directions for<br />

Resource uses.<br />

Policy/<br />

Co-operative<br />

Ongoing<br />

Agricultural & Resource Use - Forestry<br />

4.4.1 Recognize the <strong>Okanagan</strong> Shuswap Land &<br />

Resource Management Plan directions for Forestry<br />

uses.<br />

4.4.2 Lands supporting forestry uses maintained as large<br />

lots.<br />

4.4.3 New and existing Community Forests and other<br />

forestry tenures are permitted as Resource uses<br />

and supported through the actions <strong>of</strong> Community<br />

Stewardship Groups.<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

4.4.4 Recognize role <strong>of</strong> independent operators. Policy Ongoing<br />

4.4.5 Support the establishment <strong>of</strong> Community Forests Policy/ Ongoing<br />

for long term community benefit.<br />

Co-operative<br />

4.4.6 Work with stakeholders in the forest industry to<br />

protect the forest land base and promote<br />

sustainable forest operations and other interests.<br />

Policy/<br />

Co-operative/<br />

Education<br />

Ongoing<br />

Page 128 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy<br />

Sec.<br />

Action<br />

Type <strong>of</strong><br />

Action<br />

4.4.7 Support public education efforts concerning local Education<br />

agriculture, forestry, composting and water<br />

conservation<br />

4.4.8 Support forestry implementation <strong>of</strong> Best<br />

Policy/<br />

Management Practices.<br />

Co-operative<br />

4.4.9 Recognize the role <strong>of</strong> Woodlot Licences as a Policy/<br />

technique for managing small parcels for forestry. Co-operative<br />

Agricultural & Resource Use – Sand, Gravel and Other Mineral Extraction<br />

4.5.1 Retain land covering areas <strong>of</strong> high mineral and Policy/<br />

aggregate potential in large parcels.<br />

Regulation<br />

4.5.2 Support site reclamation following extraction <strong>of</strong> Policy/<br />

mineral resources.<br />

Co-operative<br />

4.5.3 Recognition <strong>of</strong> the resource value <strong>of</strong> lands with Policy/<br />

aggregate potential.<br />

Co-operative<br />

4.5.4 Encourage updated inventory <strong>of</strong> lands with Policy/<br />

aggregate potential.<br />

Co-operative<br />

4.5.5 Recognition <strong>of</strong> provincial agencies and having Policy/<br />

primary responsibility for managing mining<br />

Co-operative<br />

activities.<br />

4.5.6 Sand and gravel extraction and process permitted Regulation<br />

on large lots subject to Zoning Bylaw.<br />

Rural, Rural Residential & Residential – Rural Use<br />

5.1.1 Support low density rural use. Policy/<br />

Regulation<br />

5.1.2. Support minimum parcel size <strong>of</strong> 7.2 ha. Policy/<br />

Rural, Rural Residential & Residential – Rural Residential Use<br />

5.2.1 Support minimum parcel size for Country<br />

Residential at 1 ha and Small Holdings at 2 ha.<br />

5.2.2 Rural residential designations should address rural<br />

conditions related to the ALR, environment and<br />

servicing.<br />

5.2.3 Future Small Holdings (SH) developments are<br />

restricted to areas identified on Schedules B, B1<br />

and B2.<br />

5.2.4 New developments to consider fire protection<br />

issues.<br />

5.2.5 Subdivisions to consider the physical site<br />

characteristics.<br />

5.2.6 Clustering is supported where rural area objectives<br />

are maintained.<br />

Regulation<br />

Policy/<br />

Regulation<br />

Policy/<br />

Regulation<br />

Policy<br />

Policy<br />

Policy<br />

Policy<br />

Timing<br />

Medium<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Long<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Page 129 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy Action<br />

Type <strong>of</strong> Timing<br />

Sec.<br />

Action<br />

5.2.7 Existing residential areas in Whitevale, in the Policy Ongoing<br />

trailer park in Cherryville and in an area <strong>North</strong> <strong>of</strong><br />

Lumby, are not representative <strong>of</strong> the rural densities<br />

supported by the plan.<br />

5.2.8 Density bonuses supported for community or site Policy/ Short<br />

amenities including: parkland, trails and<br />

environmental management or protection.<br />

Regulation<br />

5.2.9 Development approvals including rezoning Policy Ongoing<br />

applications require a comprehensive plan.<br />

5.2.10 Assurance <strong>of</strong> water as specified in the Subdivision Policy/ Ongoing<br />

Servicing Bylaw required prior to zoning <strong>of</strong> land. Regulation<br />

Rural, Rural Residential & Residential – Residential Use<br />

5.3.1 No lots will be created less that 1.0 hectare unless Policy/ Ongoing<br />

connected to a community sewer system.<br />

Regulation<br />

5.3.2 Residential use on lots less than 1 ha encouraged Policy/ Ongoing<br />

to locate in urban areas such as Lumby.<br />

Regulation<br />

5.3.3 Consider Residential development in the<br />

Policy/ Ongoing<br />

“downtown” Cherryville area with appropriate<br />

servicing.<br />

Regulation<br />

Rural, Rural Residential & Residential – Affordable Housing<br />

5.4.1 Support secondary suites as a form <strong>of</strong> affordable Policy/ Ongoing<br />

housing.<br />

Regulation<br />

5.4.2 Manufactured Homes recognized as source <strong>of</strong> Policy/ Ongoing<br />

affordable housing and subject to standard siting<br />

requirements.<br />

Regulation<br />

5.4.3 Urban locations (e.g. Lumby) considered most Policy Ongoing<br />

suitable for affordable housing due to proximity to<br />

other services.<br />

5.4.4 Second dwelling for family members supported in Policy/ Ongoing<br />

some zones for affordable housing and to support<br />

aging in place.<br />

Regulation<br />

Rural, Rural Residential & Residential – Home Based Businesses / Home Occupations<br />

5.5.1 Support home occupations, ancillary to residential Policy/ Ongoing<br />

use.<br />

Regulation<br />

5.5.2 Recognize that large rural lots may attract<br />

Policy/ Ongoing<br />

agriculture and resource based home occupations. Regulation<br />

5.5.3 Support ancillary farm sales. Policy/ Short<br />

Regulation<br />

5.5.4 Size <strong>of</strong> home based business regulated through<br />

Zoning Bylaw.<br />

Policy/<br />

Regulation<br />

Ongoing<br />

Page 130 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy<br />

Sec.<br />

Action<br />

Type <strong>of</strong><br />

Action<br />

Commercial<br />

6.2.1 Urban areas appropriate for major Retail and Policy<br />

Service Commercial uses.<br />

6.2.2 Neighbourhood Commercial uses supported to Policy<br />

serve local needs.<br />

6.2.3 Highway and Tourist Commercial, and Recreation<br />

Commercial uses supported at suitable locations.<br />

6.2.4 Commercial and Industrial Development Permit<br />

Area established for commercial lands.<br />

6.2.5 Support development <strong>of</strong> Recreation Commercial<br />

accommodation uses.<br />

6.2.6 Support new development proposals in Ecotourism<br />

and adventure tourism that address<br />

required conditions.<br />

6.2.7 Temporary Permits may be considered for a<br />

commercial use <strong>of</strong> a short-term duration.<br />

6.2.8 Supports the development <strong>of</strong> tourist-related<br />

agricultural businesses subject to ALR regulations.<br />

6.2.9 Considers developing a sustainability checklist for<br />

new commercial development applications.<br />

Industrial<br />

7.2.1 Minimum parcel size 1 ha without servicing. Policy/<br />

7.2.2 Identifies appropriate land resources for industrial<br />

development.<br />

7.2.3 Set servicing requirements throught to Subdivision<br />

Servicing Bylaw.<br />

7.2.4 Encourages local resources and employ local<br />

people.<br />

7.2.5 Understand grants available to aid in servicing<br />

industrial land.<br />

7.2.6 New major industrial land developments require<br />

comprehensive planning.<br />

7.2.7 Emissions shall not adversely affect the land, water<br />

or air environment.<br />

7.2.8 Intensive agricultural use <strong>of</strong> ALR lands subject to<br />

relevant provincial regulations.<br />

7.2.9 Industrial land designated as part <strong>of</strong> the<br />

Commercial and Industrial Development Permit<br />

Area.<br />

7.2.10 Future industrial uses not be supported in areas<br />

subject to environmental hazards or where<br />

community is disrupted.<br />

Policy/<br />

Regulation<br />

Policy/<br />

Regulation<br />

Policy/<br />

Regulation<br />

Policy/<br />

Regulation<br />

Policy/<br />

Regulation<br />

Policy/<br />

Regulation<br />

Policy<br />

Regulation<br />

Policy<br />

Policy/<br />

Regulation<br />

Policy<br />

Co-operative/<br />

Advocacy<br />

Policy<br />

Policy<br />

Policy<br />

Policy/<br />

Regulation<br />

Policy<br />

Timing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Short<br />

Medium<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Medium/<br />

Long<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Page 131 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy Action<br />

Type <strong>of</strong> Timing<br />

Sec.<br />

Action<br />

Special Use Areas<br />

8.2.1 Special Public Uses that are intended to<br />

Policy Ongoing<br />

accommodate extraordinary public land uses are<br />

recognized.<br />

8.2.2 Comprehensive planning and impact analysis is Policy Ongoing<br />

required when considering Special Public Use,<br />

developments.<br />

Special Use Areas – Comprehensive Resort and Ecovillage Development<br />

8.4.1 Recognizes Comprehensive Resort or Ecovillage Policy Ongoing<br />

Developments through site specific OCP<br />

amendments.<br />

8.4.2 Comprehensive Resort or Ecovillage<br />

Policy Ongoing<br />

Developments must establish efficient, cost<br />

effective wastewater management systems.<br />

8.4.3 Comprehensive Resort and Ecovillage<br />

Policy Ongoing<br />

Developments need to protect the quality <strong>of</strong> surface<br />

and ground water sources..<br />

8.4.4 Comprehensive Resort and Ecovillage<br />

Policy Ongoing<br />

developments may include limited commercial and<br />

personal services as part <strong>of</strong> resort experience.<br />

8.4.5 Comprehensive developments in or adjacent to Policy Ongoing<br />

agricultural land should be avoided or heavily<br />

buffered.<br />

8.4.6 Comprehensive developments shall be largely selfcontained.<br />

Policy Ongoing<br />

8.4.7 Comprehensive Resort or Ecovillage Development Policy/ Ongoing<br />

areas are designated as Development Permit<br />

Areas for the protection <strong>of</strong> the natural environment,<br />

protection from hazardous conditions, and matters<br />

concerning the form and character <strong>of</strong> commercial<br />

and industrial development.<br />

Regulation<br />

8.4.8 Respond to the natural environment with minimal Policy Ongoing<br />

visual impacts.<br />

8.4.9 May require a Traffic Impact Assessment. Policy Ongoing<br />

8.4.10 May an Environmental Impact Assessment. Policy Ongoing<br />

8.4.11 Consider and regulate non-traditional land tenure Policy/ Ongoing<br />

system.<br />

Regulation<br />

8.4.12 Requires developer to show how local services can Policy Ongoing<br />

be met (e.g. school buses).<br />

8.4.13 Encourages developments to implement water Policy Ongoing<br />

conservation and re-use strategies.<br />

8.4.14 Requires projects to demonstrate how water quality Policy Ongoing<br />

will be managed..<br />

8.4.15 Requires the level <strong>of</strong> servicing appropriate to each<br />

proposal to be defined.<br />

Policy Ongoing<br />

Page 132 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy<br />

Sec.<br />

Action<br />

Type <strong>of</strong><br />

Action<br />

Quality <strong>of</strong> Life – Parks and Open Space<br />

9.2.1 Areas recognized as having value for public Policy<br />

recreation and protected natural areas are<br />

designated as Parks and Open Space.<br />

9.2.2 Recognize the policy direction provided by the Policy/<br />

White Valley Parks, Recreation and Culture Master Co-operative<br />

Plan.<br />

9.2.3 Support a community planning process for Hanson Policy/<br />

Park.<br />

Co-operative<br />

9.2.4 Encourage strategies to protect McIntyre Lake. Policy/<br />

Co-operative<br />

9.2.5 Work with the relevant provincial agencies to Policy/<br />

ensure that those key crown land holdings used for Co-operative<br />

recreation or with ecological values are secured.<br />

9.2.6 Concept <strong>of</strong> a recreation plan for the Shuswap River<br />

considered in the Shuswap River Watershed<br />

Sustainability Plan.<br />

9.2.7 Work with White Valley Parks and Recreation to<br />

develop an inventory <strong>of</strong> undeveloped public access<br />

points to the Shuswap River, Mabel Lake and<br />

Sugar Lake.<br />

9.2.8 Support a Trails Master Planning process, including<br />

an inventory <strong>of</strong> existing resources.<br />

9.2.9 Parks and recreational trails should recognize<br />

neighbouring agricultural lands.<br />

9.2.10 Consider a community process to determine the<br />

best use <strong>of</strong> the “Meadows” on Sugar Lake Road<br />

and the “gravel pits” on Highway 6.<br />

9.2.11 Continue to support joint development and use <strong>of</strong><br />

school and park sites.<br />

9.2.12 Work with School <strong>District</strong> No. 22 to support multiuse<br />

options for schools.<br />

9.2.13 Where applicable, parkland, or money in lieu <strong>of</strong><br />

parkland, shall be provided with development.<br />

9.2.14 Review The White Valley Parks and Recreation<br />

Development Cost Charge Bylaw 1390, 1996 to<br />

ensure relevance to the current planning<br />

objectives.<br />

9.2.15 Recognize regulations may support waiving<br />

Development Cost Charges under specified<br />

conditions.<br />

9.2.16 Waterfront properties with long range public access<br />

potential should be protected.<br />

9.2.17 Acquisition and development <strong>of</strong> open spaces,<br />

should consider quality <strong>of</strong> the recreation<br />

experience.<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Regulation<br />

Policy/<br />

Regulation/<br />

Management<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy<br />

Policy/<br />

Co-operative<br />

Timing<br />

Ongoing<br />

Ongoing<br />

Medium<br />

Medium<br />

Medium<br />

Immediate<br />

Short<br />

Short<br />

Ongoing<br />

Medium<br />

Ongoing<br />

Short<br />

Ongoing<br />

Short<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Page 133 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy<br />

Sec.<br />

Action<br />

Type <strong>of</strong><br />

Action<br />

9.2.18 Address the need for trail connectivity and trail Policy/<br />

extensions as part <strong>of</strong> the review process for new Co-operative<br />

subdivisions.<br />

9.2.19 Work with local organizations to support community Policy/<br />

research, planning and management <strong>of</strong> parks, Co-operative/<br />

stewardship projects and trails.<br />

Advocacy<br />

9.2.20 Encourage co-ordination <strong>of</strong> the efforts <strong>of</strong> different Policy/<br />

levels <strong>of</strong> government who provide public outdoor Co-operative/<br />

space.<br />

Advocacy<br />

9.2.21 Continue to recognize the role <strong>of</strong> local grass root Policy/<br />

organizations in provision <strong>of</strong> sustainable cultural Co-operative/<br />

and recreational services.<br />

Advocacy<br />

Quality <strong>of</strong> Life – Heritage and Conservation<br />

9.3.1 Recognizes the importance <strong>of</strong> heritage resources. Policy/<br />

Co-operative/<br />

Advocacy<br />

9.3.2 Appoint a Heritage Advisory Commission for all, or<br />

part <strong>of</strong> the Electoral Areas.<br />

9.3.3 Establish a Community Heritage Register for<br />

purposes <strong>of</strong> identifying heritage properties.<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy/<br />

Co-operative<br />

9.3.4 Cooperate with property owners seeking heritage<br />

designation or other heritage recognition.<br />

Policy/<br />

Co-operative<br />

9.3.5 Ensure the Chinese Diggings and miners’ cabins Policy/<br />

along Cherry Creek are preserved.<br />

Co-operative<br />

9.3.6 Recognize and provide referrals on development Policy/<br />

applications in the vicinity <strong>of</strong> heritage and cultural Co-operative<br />

resources.<br />

Quality <strong>of</strong> Life – School Facilities and Other Community Services<br />

9.4.1 Public service, assembly and civic uses such as Policy/<br />

schools, community halls, health clinics, churches Regulation<br />

and fire halls are permitted in all areas and land<br />

use designations except in the Residential Single<br />

Family designations.<br />

9.4.2 Encourages joint use and development <strong>of</strong> school Policy/<br />

sites in co-operation with School <strong>District</strong>.<br />

Co-operative<br />

9.4.3 Avoid siting new school facilities adjacent to Policy<br />

agricultural land.<br />

9.4.4 Work with School <strong>District</strong> to ensure students Policy/<br />

experience safe, healthy environments.<br />

Co-operative<br />

Timing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Short<br />

Long<br />

Long<br />

Medium<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Page 134 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy Action<br />

Sec.<br />

Quality <strong>of</strong> Life – Police and Fire Protection<br />

9.5.1 Recognize plan area as a rural area where<br />

residents acknowledge and accept servicing<br />

limitations.<br />

9.5.2 Supports and encourages the application <strong>of</strong> Fire<br />

Smart principles for existing and new development.<br />

Type <strong>of</strong><br />

Action<br />

Policy<br />

Policy/<br />

Education/<br />

Co-operative<br />

9.5.3 Supports and work closely with the RCMP. Policy/<br />

Co-operative<br />

Quality <strong>of</strong> Life – Community Accessibility and Inclusion<br />

9.6.1 Support opportunities for balanced, active and Policy/<br />

diverse lifestyles where housing, public services Co-operative/<br />

and amenities are affordable, accessible and Advocacy<br />

inclusive.<br />

9.6.2 Encourages land use patterns, community activities<br />

and events that generate inter-generational and<br />

inter-cultural interest, participation and social<br />

integration.<br />

9.6.3 Establish a region-wide committee to provide<br />

feedback and direction to elected <strong>of</strong>ficials and staff<br />

on aging and disability issues.<br />

Quality <strong>of</strong> Life – Seniors and Special Needs<br />

9.7.1 Recognize essential role <strong>of</strong> pioneers, founding<br />

families, elders and other seniors in the settlement<br />

<strong>of</strong> this area.<br />

9.7.2 Support local strategies and partnerships to deliver<br />

seniors’ care, assisted living services and<br />

residential based services for persons with special<br />

needs.<br />

9.7.3 Access for persons with special needs should be<br />

considered in the design <strong>of</strong> public buildings and<br />

transportation facilities (including trails).<br />

9.7.4 Support local initiatives to become more involved in<br />

the Age-Friendly Communities Program.<br />

9.7.5 Apply an age-friendly lens to the review process for<br />

new development applications.<br />

Quality <strong>of</strong> Life – Community Engagement<br />

9.8.1 Support community participation in planning<br />

processes and encourage engagement in<br />

volunteer organizations including APC.<br />

Quality <strong>of</strong> Life – Arts and Culture<br />

9.9.1 Recognize role <strong>of</strong> region’s larger urban centres as<br />

the focal point for regional cultural expression and<br />

diversity while supporting local level initiatives.<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy/<br />

Co-operative<br />

Policy<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Timing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Medium<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Medium<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Page 135 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy Action<br />

Sec.<br />

Quality <strong>of</strong> Life – Community Health<br />

9.10.1 Recognize the role <strong>of</strong> open spaces, parks, cultural<br />

and artistic events and recreational opportunities in<br />

enhancing the quality <strong>of</strong> life.<br />

9.10.2 Support medical facilities that operate on smaller<br />

scales (e.g. palliative care homes) in rural<br />

residential land use designations.<br />

Transportation and Servicing – Transportation<br />

10.2.1 Support preparation <strong>of</strong> a Bicycle and Trail Network<br />

Plan.<br />

10.2.2 Recognize existing and proposed major roads as<br />

designated on Schedules.<br />

10.2.3 New roads and major improvements to existing<br />

roads shall minimize disruption to agricultural uses.<br />

10.2.4 Planning for future roads and subdivisions shall<br />

consider diverse demands on road networks.<br />

10.2.5 For developments in which road upgrading will be<br />

required, the development will not occur until roads<br />

adequate for the development are in place.<br />

10.2.6 Access to crown lands and water-bodies shall be<br />

provided wherever necessary under the appropriate<br />

subdivision regulations.<br />

10.2.7 Local roads shall have a minimum right <strong>of</strong> way<br />

width <strong>of</strong> 20 meters.<br />

10.2.8 Strip development along highways discouraged for<br />

safety, aesthetic and functional reasons.<br />

10.2.9 Concept <strong>of</strong> an all-weather road to link Lumby with<br />

Silver Star Village is supported.<br />

10.2.10 Proposed transportation routes should avoid<br />

wetlands and streams and consider the impacts <strong>of</strong><br />

roads on sensitive natural ecosystems, if possible.<br />

10.2.11 Encourage the Ministry <strong>of</strong> Transportation and<br />

Infrastructure and Infrastructure (MoTI) to consider<br />

the needs <strong>of</strong> pedestrians and cyclists when<br />

approving new roads or upgrading existing roads.<br />

10.2.12 New roads shall be encouraged to connect into the<br />

existing road network plan.<br />

10.2.13 Transportation planning may be required as part <strong>of</strong><br />

the development review process.<br />

10.2.14 Recognize the importance <strong>of</strong> accessibility for<br />

seniors and the mobility impaired.<br />

Type <strong>of</strong><br />

Action<br />

Policy<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Regulation/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy<br />

Policy<br />

Policy/<br />

Co-operative/<br />

Regulation<br />

Policy/<br />

Co-operative/<br />

Regulation<br />

Policy<br />

Policy<br />

Policy<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Timing<br />

Ongoing<br />

Ongoing<br />

Short<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Page 136 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy<br />

Sec.<br />

Action<br />

Type <strong>of</strong><br />

Action<br />

Transportation and Servicing – Water<br />

10.3.1 Potable water shall be provided through community Policy/<br />

water systems for comprehensive residential, Co-operative/<br />

recreational, industrial and commercial<br />

Regulation<br />

developments.<br />

10.3.2 Development <strong>of</strong> land (where more than 1 additional Policy/<br />

lot is created) will require information related to Co-operative/<br />

water as regulated.<br />

Regulation<br />

10.3.3 Work with the provincial government to ensure data Policy/<br />

collected through the development review process Co-operative<br />

contributes the understanding <strong>of</strong> water resources.<br />

10.3.4 Encourage water conservation for all land uses. Policy/<br />

Co-operative/<br />

Education<br />

10.3.5 Encourage and support public education on water<br />

supply and a drop-<strong>of</strong>f facility for water testing.<br />

Transportation and Servicing – Sewage Collection and Disposal<br />

10.4.1 Subsurface soil conditions shall be investigated to<br />

determine the best method <strong>of</strong> sewage treatment<br />

and disposal for new development (where more<br />

than 1 additional lot is created).<br />

10.4.2 Holding tanks shall not be permitted as a method <strong>of</strong><br />

sewage disposal except for commercial and<br />

industrial uses.<br />

10.4.3 Sewage treatment facilities for commercial<br />

developments proposing direct discharge into<br />

watercourses or water bodies not supported.<br />

10.4.4 Recognize that new and innovative independent<br />

on-site system strategies continue to be developed<br />

and may have local application subject to relevant<br />

approvals.<br />

Transportation and Servicing – Drainage Collection and Disposal<br />

10.5.1 May request study <strong>of</strong> the drainage as part <strong>of</strong><br />

development approval process.<br />

10.5.2 Adequate drainage works, shall be provided in<br />

conjunction with new development.<br />

Policy/<br />

Co-operative/<br />

Education<br />

Policy/<br />

Co-operative/<br />

Regulation<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative/<br />

Education<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative<br />

Timing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Short/<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

10.5.3 Recognize that alternative stormwater<br />

management solutions may be both cost effective<br />

and environmentally sustainable manage all<br />

stormwater safety without <strong>of</strong>fsite impacts to other<br />

properties.<br />

10.5.4 Encourages public acceptance <strong>of</strong> water<br />

conservation when designing homes.<br />

Policy/<br />

Co-operative/<br />

Education<br />

Policy/<br />

Co-operative/<br />

Education<br />

Ongoing<br />

Ongoing<br />

Page 137 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy Action<br />

Sec.<br />

10.5.5 In rural areas, retain low areas, water bodies, and<br />

ditches as part <strong>of</strong> the rainwater and stormwater<br />

drainage system.<br />

10.5.6 Encourage measures to limit run<strong>of</strong>f to minimize the<br />

release <strong>of</strong> substances harmful to the environment.<br />

Transportation and Servicing – Solid Waste Disposal<br />

10.6.1 Diversion <strong>of</strong> a variety <strong>of</strong> materials from the waste<br />

stream is encouraged through recycling facilities<br />

and backyard composting with special attention<br />

paid to the 3R hierarchy <strong>of</strong> waste management:<br />

Reduce-Reuse-Recycle.<br />

10.6.2 Support implementation <strong>of</strong> the policies in the<br />

RDNO’s 2007 Solid Waste Management Plan.<br />

Transportation and Servicing – Other Utility Service<br />

10.71 Co-operation <strong>of</strong> the B. C. Hydro and Power<br />

Authority shall be solicited in improving the<br />

appearance <strong>of</strong> the structures and rights-<strong>of</strong>-way <strong>of</strong><br />

their transmission lines.<br />

10.7.2 Zoning bylaw shall continue to allow the installation<br />

<strong>of</strong> servicing equipment in locations where it is<br />

required.<br />

10.7.3 When considering bonus density policies pursuant<br />

to Section 904 <strong>of</strong> the Local Government Act and,<br />

where an owner provides land associated with the<br />

provision <strong>of</strong> a local utility, the <strong>Regional</strong> <strong>District</strong> may<br />

consider this a kind <strong>of</strong> amenity.<br />

10.7.4 Encourage the provision and expansion <strong>of</strong><br />

telecommunications coverage, and provision <strong>of</strong><br />

natural gas service.<br />

10.7.5 Encourage new developments to consider<br />

generating some <strong>of</strong> their own energy with methods<br />

such as solar, wind or geothermal energy.<br />

10.7.6 Discourage the creation <strong>of</strong> lots straddling utility<br />

rights-<strong>of</strong>-ways.<br />

10.7.7 All land use designations (except Single Family<br />

Residential) permit facilities for Public Utilities and<br />

Services.<br />

10.7.8 Encourage initiatives to explore new sustainability<br />

practices that would lead to alternative servicing<br />

standards, recognizing that approvals for<br />

alternative practices may rest with other<br />

jurisdictions.<br />

Type <strong>of</strong><br />

Action<br />

Policy<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative/<br />

Education<br />

Policy<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Regulation<br />

Policy/<br />

Regulation<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy/<br />

Co-operative/<br />

Education<br />

Policy<br />

Policy/<br />

Regulation<br />

Policy/<br />

Co-operative/<br />

Education<br />

Timing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Page 138 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy Action<br />

Sec.<br />

Transportation and Servicing – Other Utility Service<br />

10.7.9 Infrastructure that supports local renewable energy<br />

(e.g. solar, wind, geothermal, biomass and hydro)<br />

is supported as a permitted use in all land use<br />

zones subject to the approval <strong>of</strong> standards in the<br />

Zoning By-law for such infrastructure as solar<br />

panels and wind turbines.<br />

Economy<br />

11.2.1 Recognize the importance <strong>of</strong> communication<br />

connectivity for businesses and families in rural<br />

areas and work with community groups to explore<br />

options for improving the level <strong>of</strong> communication<br />

services specifically cell phone coverage and high<br />

speed internet access.<br />

11.2.2 Support the innovative and sustainable use <strong>of</strong> local<br />

wood and consider adopting a Wood First Policy<br />

and supporting other Wood Products Initiatives to<br />

capitalize on the area’s natural assets.<br />

11.2.3 Supports initiatives that increase local food<br />

production and agricultural activities in the<br />

community.<br />

11.2.4 Support activities that promote local food<br />

production and provide opportunities for the sale <strong>of</strong><br />

produce and other local food products.<br />

11.2.5 Participate in the multiparty efforts to address<br />

region-wide economic sustainability, economic<br />

diversification and adjustments, and issues<br />

associated with changes in the local forestry based<br />

economy.<br />

11.2.6 Recognize the role <strong>of</strong> new regional educational<br />

facilities, and encourage these institutions to<br />

consider research and educational opportunities to<br />

focus on regional issues.<br />

11.2.7 Work with other agencies and organizations to<br />

promote tourism development in Electoral Areas ‘D’<br />

and ‘E’.<br />

11.2.8 Promote the region as a sustainable rural<br />

environment, where planning considers the<br />

environment, social and economic aspects <strong>of</strong> the<br />

community.<br />

11.2.9 Supports and encourage annual sporting and<br />

artistic events and festivals (e.g. Cherryville Days)<br />

as important economic benefits to the community.<br />

Type <strong>of</strong><br />

Action<br />

Policy/<br />

Co-operative/<br />

Education/<br />

Regulation<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy/<br />

Co-operative<br />

Policy/<br />

Co-operative/<br />

Education<br />

Policy/<br />

Co-operative/<br />

Education<br />

Policy/<br />

Co-operative/<br />

Education/<br />

Advocacy<br />

Policy/<br />

Co-operative/<br />

Education/<br />

Advocacy<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Timing<br />

Ongoing<br />

Immediate<br />

Ongoing<br />

Ongoing/<br />

Immediate<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Ongoing<br />

Page 139 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 1<br />

Recommended Revisions for<br />

Bylaw No. 2485, 2011<br />

Policy Action<br />

Sec.<br />

11.2.10 Recognize that the plan area contains significant<br />

cultural, business and recreational assets that<br />

contribute to the quality <strong>of</strong> life for local residents.<br />

The RDNO may have a role in assisting the region<br />

to better develop their tourism potential through<br />

various specifically focused tourism market<br />

research and planning initiatives.<br />

Type <strong>of</strong><br />

Action<br />

Policy/<br />

Co-operative/<br />

Advocacy<br />

Timing<br />

Ongoing<br />

Page 140 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

"<br />

Page 141 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

, ,<br />

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Page 142 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

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Page 143 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Attachment 2<br />

Referral Comments and Public Feedback, Electoral Area “D” & “E” Official Community Plan.<br />

# Policy/<br />

Area <strong>of</strong><br />

Interest<br />

Source <strong>of</strong><br />

Comment<br />

Comment RDNO Response<br />

Agency<br />

Feedback<br />

Within the draft plan there were a number <strong>of</strong><br />

grammatical errors, spelling errors, incorrect<br />

acronyms and sentences that needed re-wording<br />

to provide clarity to the statement.<br />

The consultant has made these corrections<br />

throughout the document and RDNO staff has<br />

reviewed these changes and can confirm that<br />

the edits have not changed the intent and or<br />

direction <strong>of</strong> the plan. All changes made to the<br />

document are highlighted in blue font.<br />

R-1 Sections<br />

4.2.2, 4.2.6,<br />

4.2.9, 8.4.5,<br />

10.2.1,<br />

10.2.2<br />

Agricultural<br />

Land<br />

Commission<br />

The draft OCP incorrectly references the “Land<br />

Reserve Commission”; all references to the Land<br />

Reserve Commission should be changed to the<br />

Agricultural Land Commission, as per its renaming<br />

in 2002<br />

All references to the “Land Reserve Commission<br />

are recommended to be changed to the<br />

Agricultural Land Commission.<br />

R-2 Section<br />

9.2.9<br />

Agricultural<br />

Land<br />

Commission<br />

Section 9.2.9 references buffering to protect<br />

agriculture from non-farm uses. It is suggested<br />

that fencing and signage also be referenced in the<br />

text.<br />

In order to address the ALC feedback staff and<br />

the consultant recommends Section 9.2.9 read<br />

as If practical, parks and recreational trails<br />

should not be situated in or adjacent to<br />

agricultural lands. If there are no alternative<br />

locations, these areas should be buffered to<br />

protect park users from agricultural activities<br />

and agriculture from park users and their<br />

pets. Fencing and signage should also be<br />

considered to reduce impacts on farming.<br />

R-3 Section<br />

10.2.2<br />

Agricultural<br />

Land<br />

Commission<br />

Section 10.2.2 references road improvements<br />

supported by ALC Resolution #1625/83. Given the<br />

lengthy passage <strong>of</strong> time since 1983, the 2002<br />

amendments to the ALC regulation pertaining to<br />

road right <strong>of</strong> way improvements, and the<br />

uncertainty as to what the resolution addresses, it<br />

In order to address the ALC feedback staff and<br />

the consultant recommends Section 10.2.2 read<br />

as The existing and proposed major roads<br />

designated on Schedules B, B1 and B2 are<br />

endorsed as the long term major routes for<br />

movement <strong>of</strong> traffic, and shall have a<br />

minimum width <strong>of</strong> 25 meters. The location <strong>of</strong><br />

Page 146 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 6<br />

is suggested that the reference be deleted. proposed routes within the Agricultural Land<br />

Reserve is not to be construed as having the<br />

endorsement <strong>of</strong> the Agricultural Land<br />

Commission. The construction, upgrading,<br />

or dedication <strong>of</strong> these routes may not<br />

proceed without the approval <strong>of</strong> the<br />

Commission.<br />

R-4 Section<br />

10.2.10<br />

Agricultural<br />

Land<br />

Commission<br />

Section 10.2.10 indicates that proposed<br />

transportation routes should avoid wetlands and<br />

sensitive natural ecosystems. It is suggested that<br />

in addition, the following text be added:<br />

“Transportation<br />

routes should follow property<br />

boundaries and avoid bisecting productive<br />

agricultural lands”.<br />

In order to address the ALC feedback staff and<br />

the consultant recommends Section 10.2.10<br />

read as Proposed transportation routes<br />

should avoid wetlands and streams and<br />

consider the impacts <strong>of</strong> roads on sensitive<br />

natural ecosystems, if possible.<br />

Environmental Impact Assessments may be<br />

necessary, at the discretion <strong>of</strong> relevant<br />

government agencies. (see “Road Design<br />

considerations to minimize impacts on<br />

Watercourses for information only).<br />

Transportation routes should follow property<br />

boundaries and avoid bisecting productive<br />

agricultural lands.<br />

R-5 General<br />

comment<br />

Agricultural<br />

Land<br />

Commission<br />

Upon completion <strong>of</strong> the amendments noted above,<br />

the Commission would consider the draft OCP to<br />

be consistent with the purposes <strong>of</strong> the ALC Act, as<br />

per Section 46 <strong>of</strong> the Act.<br />

All <strong>of</strong> the recommendations brought forward by<br />

the ALC have been incorporated into the<br />

amended version <strong>of</strong> Bylaw No. 2485, 2011.<br />

R-6 Section 1.4 Area D APC Area D APC requested that both Principles 6 and 9<br />

be removed from the plan.<br />

Staff and the consultant recommend that both<br />

policies remain as they reflect some <strong>of</strong> the key<br />

theme and values that emerged from the<br />

research and consultation process <strong>of</strong> the<br />

development <strong>of</strong> this plan.<br />

R-7 Section 1.4 Area E APC Add to Principle 7 “Minimize the costs and<br />

development <strong>of</strong> housing and lot development”.<br />

Staff recommends the following text be added to<br />

Principle 7: Support a wide range <strong>of</strong> housing<br />

types and tenures that will help ensure that<br />

people <strong>of</strong> all ages, abilities, household types and<br />

incomes have a diversity <strong>of</strong> housing choices and<br />

those residents and their families can continue to<br />

Page 147 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 7<br />

live in the area. This can in part be achieved<br />

by minimizing the costs <strong>of</strong> developing new<br />

lots and housing.<br />

R-8 Section 1.5 Area E APC Under Section 1.5 the APC has raised concern<br />

with the statement “Adopt and enforce anti-sprawl<br />

land use”. They acknowledge that there is a desire<br />

to maintain “centralization” within the region<br />

however they feel that this does not fit into their<br />

community plan as “we need to have an open mind<br />

regarding business location and opportunity at this<br />

stage <strong>of</strong>f our development”.<br />

Staff and the consultant recommends the<br />

wording be changed to Encourage anti-sprawl<br />

land use policies (Lumby is the nearest<br />

centre for higher order retail services,<br />

regional/urban cultural and recreation<br />

services and higher density residential<br />

development). It is important to acknowledge<br />

that the RDNO will continue to promote and<br />

adhere to sustainable planning practices which<br />

include reducing sprawl (urban scale<br />

development) in rural un-serviced areas.<br />

R-9 Section 1.6 Area E APC Under Section 1.5 “Work in harmony with the<br />

natural systems” the APC has raised issues with<br />

the “Understand groundwater and its capacity to<br />

support development (set clear conservative<br />

subdivision requirements for pro<strong>of</strong> <strong>of</strong> water”<br />

Comment noted however the specifics for pro<strong>of</strong><br />

<strong>of</strong> water will be addressed through the review <strong>of</strong><br />

the subdivision servicing bylaw.<br />

R-10 Section 1.5 Area E APC Under Section 1.5 “Work in harmony with the<br />

natural systems” the APC has raised issues with<br />

the statement <strong>of</strong> “Establish a <strong>Regional</strong><br />

Sustainability Committee”. They wonder what this<br />

will do for Area E and how would it be paid for.<br />

They note that they are looking to reduce taxes to<br />

encourage young families to our area, not burden<br />

them with more debt.<br />

We think there has been a misunderstanding <strong>of</strong><br />

what a Sustainability Committee is. Their<br />

purpose is to provide advice and support on the<br />

protection, enhancement, restoration and<br />

management <strong>of</strong> the local environment and to<br />

ensure that communities are planned to provide<br />

for environmental sustainability. This committee<br />

is made <strong>of</strong> volunteers who provide their expert<br />

advice on specific issues.<br />

R-11 Section 3.1 Area D APC The Area D APC raised concerns with the section<br />

on Camel’s Hump and public access.<br />

To provide clarity on access it is recommended<br />

that this section be revised to read as follows:<br />

Camel’s Hump is a prominent mountain east<br />

<strong>of</strong> Lumby which resembles a camel’s hump,<br />

and which is <strong>of</strong>ten climbed by hikers and<br />

climbers. Access to it is from Creighton<br />

Valley Road, and logging roads. There<br />

continues to be interest in public access to<br />

Page 148 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 8<br />

the top <strong>of</strong> this mountain. In the future, the<br />

RDNO may want to work with the province to<br />

pursue an adaptive management approach<br />

that can respond to potential user conflicts.<br />

R-12 Section 3.1 Area E APC The APC does not want to sacrifice Area E<br />

lifestyles to meet RDNO Greenhouse Gas<br />

reduction targets.<br />

R-13 Section<br />

3.2.1<br />

R-14 Section<br />

3.2.3<br />

Area E APC The community would like to be involved in the<br />

inventory for sensitive areas.<br />

Area E APC<br />

Area D APC<br />

The APC has taken issue with the requirement for<br />

an Environmental Review <strong>of</strong> environmentally<br />

sensitive areas. Anything that adds a “review” or<br />

“study” means an added cost and we are strongly<br />

looking to reduce costs, not add to them”.<br />

Required clarification if a QEP is needed.<br />

Originating out <strong>of</strong> the Green Communities Act<br />

(Bill 27, 2008), the Local Government Act<br />

(Section 877) now mandates that the scope <strong>of</strong><br />

an Official Community Plan must include targets<br />

for the reduction <strong>of</strong> greenhouse gas (GHG)<br />

emissions together with supporting policies and<br />

actions for the local government to work towards<br />

achieving those targets. Additional clarity has<br />

been provided on how these targets can be<br />

achieved with the recommend following wording:<br />

Locally, based on pre-policy research, it was<br />

determined that Area D could achieve a 19%<br />

reduction and Area E a 23% reduction<br />

thereby supporting the 25% as conservative<br />

and achievable for this area.<br />

Staff and the consultant recommend the<br />

following text be added; The RDNO supports<br />

efforts to prepare a Sensitive Ecosystem<br />

Inventory (SEI) for the plan area and<br />

recognizes that the community wishes to be<br />

involved in this process.<br />

Staff recommends that in order to address Area<br />

E’s concerns with costs that at this stage the<br />

policy apply only to Commercial and Industrial<br />

developments. Additionally, since we currently<br />

do not have the mapping required to support a<br />

Development Permit Area for the protection <strong>of</strong><br />

environmentally sensitive areas that policy 3.2.3<br />

read as follows: For Commercial and Industrial<br />

Development OCP Amendment Applications<br />

and/or Rezoning Applications, the RDNO may<br />

request a detailed Environmental Review <strong>of</strong><br />

environmentally sensitive areas consistent<br />

Page 149 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 9<br />

R-15 Section 3.3 Area E & D<br />

APCs<br />

R-16 Section<br />

3.4.2<br />

R-17 Section<br />

3.4.4<br />

R-18 Section<br />

3.6.1<br />

The Area E & D APCs opposes any sale <strong>of</strong> water<br />

as a commodity.<br />

Area D APC The Area D APC feels policies 3.4.2 & 3.4.3 are<br />

redundant and that policy 3.4.1 covers <strong>of</strong>f the intent<br />

<strong>of</strong> both policies.<br />

Area E APC The Area E APC has raised concerns with hunters<br />

shooting in populated areas.<br />

Area E APC The Area E APC has requested that some fuel<br />

management language be added to section 3.6.1;<br />

“The <strong>Regional</strong> <strong>District</strong> will encourage proactive<br />

stand treatments to reduce fire hazards on Crown<br />

land adjacent to rural interface areas”.<br />

with the regulations <strong>of</strong> the LGA 920.1(1) and<br />

as specified in a Development Approval<br />

Information Bylaw if adopted by the RDNO.<br />

The objective <strong>of</strong> the Environmental Review is<br />

to aid the RDNO when making decisions<br />

about the impacts <strong>of</strong> development on<br />

sensitive ecosystems. This policy will enable<br />

the RDNO to request a QEP report for<br />

development application on environmentally<br />

sensitive<br />

lands if a Development Approval<br />

Information Bylaw is adopted.<br />

To address this concern staff and the consultant<br />

recommend the following wording: To reinforce<br />

this objective, the community has indicated<br />

they are opposed to the sale <strong>of</strong> any water as<br />

a commodity, and oppose any inter-basin<br />

transfers <strong>of</strong> water.<br />

Staff and the consultant recommends these<br />

policies remain as they provide additional detail<br />

and direction on specific human and wildlife<br />

issues that were reported by the community<br />

during the consultation process.<br />

Staff and the consultant recommend the<br />

following policy be added. 3.4.4 Work with<br />

relevant agencies, including the Ministry <strong>of</strong><br />

Environment and the RCMP to develop a “no<br />

shooting” strategy in population areas <strong>of</strong><br />

Cherryville.<br />

Staff recommends the policy read as: The<br />

<strong>Regional</strong> <strong>District</strong> will, in co-operation with the<br />

appropriate agencies, continue to work towards<br />

developing strategies and procedures to prevent<br />

interface fires. The RDNO will encourage<br />

proactive stand treatments to reduce fire<br />

hazards on Crown land adjacent to rural<br />

interface areas.<br />

Page 150 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 10<br />

R-19 Section<br />

3.6.3<br />

R-20 Section<br />

4.2.3<br />

R-21 Section<br />

4.2.9<br />

R-22 Section<br />

4.2.11<br />

Area E APC The Area E & D APCs have requested that policy<br />

3.6.3 be scratched and they wonder who would<br />

enforce these policies.<br />

Area E APC The Area E & D APCs have asked for clarification<br />

on the 30.5 minimum parcel size for Agricultural<br />

lands as well as why this is included in the OCP.<br />

Area E APC The Area E APC has raised concerns with the<br />

recommendation that non agricultural lands provide<br />

a buffer strip protected by covenant when adjacent<br />

to agricultural lands to reduce land use conflicts.<br />

Area E APC The Area E APC has asked for clarification on<br />

policy 4.2.11.<br />

Staff recommends the policy remain. This policy<br />

is stating that the RDNO will work with the<br />

Ministry <strong>of</strong> Forests, Lands and Natural Resource<br />

Operations in developing Wildfire Risk mapping<br />

at which time the RDNO could then consider<br />

requiring Wildfire Hazard Assessment Reports.<br />

This process would be enforced through the<br />

Development Approval Process.<br />

The minimum parcel size for Agricultural lands is<br />

recommended to be 30.5 ha. This is supported<br />

in the Zoning Bylaw and is in place to discourage<br />

parcelization <strong>of</strong> farm land. Larger tracks <strong>of</strong> land<br />

minimize the potential for land use conflicts and<br />

contribute to more viable farming lands.<br />

Staff recommends this policy stay but that the<br />

requirements for a covenant be eliminated:<br />

Where a non-Agricultural property is<br />

adjacent to a property which is in the ALR<br />

and a Subdivision or Development Permit<br />

application has been received for the non-<br />

Agricultural property, an appropriate buffer<br />

strip will be established on the non-<br />

Agricultural property following the<br />

“Landscape Buffer Specifications” published<br />

by the Agricultural Land Commission.<br />

This policy is outlining that the zoning bylaw can<br />

permit other lot sizes subject to ALC approval.<br />

R-23 Section<br />

4.2.12<br />

R-24 Section<br />

4.2.14<br />

Area E APC The Area E APC has asked for clarification on<br />

policy 4.2.12.<br />

Area E APC The Area E APC had some general questions<br />

about this policy in regards to what kind <strong>of</strong> fence<br />

would be required and whether a covenant is<br />

necessary.<br />

This<br />

policy is referencing the agri-tourism<br />

opportunities that the ALC currently allows and is<br />

speaking to the potential for amendment to the<br />

Zoning Bylaw that would allow all ALC permitted<br />

uses which would apply to all RDNO Electoral<br />

Areas.<br />

Staff would like to point out that this section is<br />

intended to improve conditions for agriculture<br />

and the emphasis is on conditions that would<br />

apply to new residential lands.<br />

Page 151 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 11<br />

R-25 Section<br />

4.2.19<br />

Area E APC The Area E APC wanted some language added<br />

that the community as a whole supports the<br />

production <strong>of</strong> organic agriculture farming practices.<br />

Staff recommends the addition <strong>of</strong> the following<br />

text: The community supports the production<br />

<strong>of</strong> organic agricultural farming practices.<br />

R-26 Section<br />

4.3.2<br />

R-27 Section 4.3 Staff &<br />

Consultant<br />

Area E APC The Area E APC is wondering why we would want<br />

to discourage the subdivision <strong>of</strong> Land designated<br />

for Resource Use.<br />

Upon review <strong>of</strong> the initial draft the consultant and<br />

staff felt the Resource Policies were lacking<br />

direction when it came to Development Permit<br />

Area requirements, specification <strong>of</strong> minimum parcel<br />

sizes and reference to the Land & Resource<br />

Management Plan.<br />

Staff recommends the following wording to<br />

provide clarity to the intent <strong>of</strong> the policy:<br />

Subdivision <strong>of</strong> these areas is discouraged to<br />

minimize rural sprawl and to avoid land use<br />

conflicts between aggregate or forestry and<br />

residential uses.<br />

Staff<br />

added:<br />

recommends the following policies be<br />

4.3.4 The minimum parcel size for Resource<br />

lands including lands for Forestry uses shall<br />

be 30.5 ha. Large parcel sizes and setbacks<br />

are encouraged to support large scale<br />

resource activities (e.g. rangeland, woodlots)<br />

and to minimize land use conflicts. Minimum<br />

parcel sizes are regulated through the Zoning<br />

By-law.<br />

R-28 Section<br />

4.4.3<br />

Area E APC Area E APC recommended that this policy be<br />

removed as a number <strong>of</strong> the specific initiatives<br />

were underway (water quality monitoring on Cherry<br />

and Ferry Creek).<br />

4.3.5 The <strong>Regional</strong> <strong>District</strong> recognizes that<br />

the OCP area falls within the <strong>Okanagan</strong><br />

Shuswap Land & Resource Management Plan<br />

and that future crown land use decisions will<br />

follow the recommendations <strong>of</strong> the (LRMP).<br />

Staff recommends the policy remain in the OCP<br />

and that the wording be more general to<br />

encourage additional activities be undertaken by<br />

Stewardship Groups.<br />

Community Stewardship Groups are<br />

supported and potential action items for<br />

these groups include:<br />

a. Working with the province to develop<br />

water quality monitoring programs;<br />

Page 152 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 12<br />

b. Implementing an education program<br />

to raise awareness <strong>of</strong> the impacts <strong>of</strong><br />

actions on water quality;<br />

c. Identifying riparian areas in need <strong>of</strong><br />

protection; and<br />

d. Conducting a hydrological mapping<br />

exercise to identify potential impacts<br />

<strong>of</strong> logging on the water supply.<br />

R-29 Section<br />

4.4.4<br />

Staff Upon review <strong>of</strong> the draft plan it was determined<br />

that a “Wood First Policy” was created at the time<br />

this OCP review was underway.<br />

Staff recommends policy 4.4.4 “Promote a<br />

wood friendly culture” be removed as this<br />

policy has already been adopted by the board.<br />

R-30 Section<br />

4.4.10<br />

Staff Upon review <strong>of</strong> the draft plan it was determined<br />

that the minimum parcel size for the resource use<br />

designation is best located at the start <strong>of</strong> section<br />

4.3<br />

Staff recommends policy 4.4.10 be removed<br />

as policy 4.3.5 speaks to the minimum parcel<br />

size for resource use lands.<br />

R-31 Section<br />

4.4.12<br />

R-32 Section<br />

5.2.2<br />

R-33 Section<br />

5.2.10<br />

Area E APC The Area E APC has raised concerns with the<br />

resource use lands being a part <strong>of</strong> the Commercial<br />

and Industrial Permit Area.<br />

Area E APC The Area E APC would like H. “contains adequate<br />

water supplies” removed from the policy. The Area<br />

D APC wanted a definition <strong>of</strong> what “adequate<br />

water” is.<br />

Area E APC The Area E APC would like this policy removed.<br />

The Area D APC would again like a definition <strong>of</strong><br />

what “adequate water supply” is.<br />

The intent <strong>of</strong> this policy was to ensure that the<br />

community could use the Commercial and<br />

Industrial Development Permit Area for new<br />

resource uses to manage development<br />

standards. Upon review staff recommends<br />

that this policy be removed as it may be too<br />

restrictive for Areas “D” & “E”.<br />

Staff recommends the wording be changed to<br />

“contains adequate water supplies as<br />

specified in the Subdivision Servicing Bylaw”<br />

as that is where the discussion and<br />

determination <strong>of</strong> pro<strong>of</strong> <strong>of</strong> water is occurring.<br />

Staff recommends the policy be worded to state:<br />

Due to the importance <strong>of</strong> an adequate water<br />

supply in Rural Residential areas, and the<br />

uncertainty about water supply in some areas,<br />

assurances about water supply as specified in<br />

the Subdivision Service Bylaw shall be<br />

provided prior to the zoning <strong>of</strong> land for Rural<br />

Residential use.<br />

Page 153 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 13<br />

R-34 Section<br />

5.3.1<br />

R-35 Section<br />

6.2.9<br />

R-36 Section<br />

7.2.1<br />

R-37 Section<br />

9.2.14<br />

R-38 Section<br />

9.2.18<br />

Area E APC The Area E APC would like the wording <strong>of</strong><br />

“encourage alternate septic systems” added to the<br />

last sentence <strong>of</strong> this policy.<br />

Area E APC The Area E APC would like this policy removed<br />

from the plan as they feel it is a catchall.<br />

Staff Upon review <strong>of</strong> the draft plan staff and the<br />

consultant determined that the minimum parcel<br />

size for industrial lands was not included in policy<br />

7.2.1<br />

Area E APC The Area E APC had concerns with development<br />

cost reviews and thinks that the rates should stay<br />

where they are at.<br />

Area E APC The Area E APC has acknowledged that the<br />

community is interested in pursuing a trail<br />

extension from the Community Park, to the<br />

Meadows. They would also like to apply to get a<br />

parcel <strong>of</strong> land reserved for Parks and Open Space,<br />

to be utilized as a community trail system for<br />

hiking, bicycles and cross country skiing. They are<br />

wondering if there is any funding available for this<br />

initiative out <strong>of</strong> the road and trails program.<br />

Staff has reviewed this policy and recommends<br />

that any reference to alternate septic systems<br />

remain in section 10.4 Sewage Collection and<br />

Disposal Policies. Policy 10.4.4 does address<br />

the potential for alternate septic systems.<br />

Staff recommends this policy remain as<br />

Sustainability Checklists are a great tool for<br />

informing and educating a homeowner / builder<br />

on alternatives for their building which would<br />

reduce water and electrical consumption making<br />

the building more efficient.<br />

Staff recommends the following additions: The<br />

minimum parcel size for industrial uses is<br />

regulated through the Zoning Bylaw and is<br />

not less than 1 ha where the lot is serviced<br />

with an on-site septic tank effluent disposal<br />

system.<br />

The policy to review the Parks & Recreation Plan<br />

is to see if revisions to the Development Cost<br />

Charge bylaw are necessary is a decision that<br />

would be made at the political level and staff<br />

recommends that this policy remain in the plan.<br />

Staff will look into this matter with the<br />

community. Designating private lands as park<br />

space requires a more detailed planning process<br />

as there are legislative requirements that outline<br />

municipal land acquisitions.<br />

R-39 Section<br />

9.4.4<br />

Area E APC The Area E APC would like a policy created that<br />

“Encourages a safe environment for children by:<br />

creating a pesticide free playground by reducing or<br />

eliminating herbicide applications on school fields<br />

or playgrounds and encourage “non-wi-fi” in<br />

schools because <strong>of</strong> harmful effects. Use lines or<br />

In order to address this feedback staff<br />

recommends the following policy be added to<br />

section 9.4: 9.4.4 The RDNO will continue to<br />

work with the School <strong>District</strong> to ensure<br />

students experience safe, healthy<br />

environments.<br />

Page 154 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 14<br />

hardwire Internet only, no towers or microwave in<br />

schools.<br />

R-40 Section<br />

9.8.1<br />

R-41 Section<br />

10.2.1<br />

R-42 Section<br />

10.3.2<br />

R-43 Section<br />

10.3.3<br />

Area E APC The Area E APC requested that a policy be added<br />

that encouraged community engagement in<br />

volunteer organizations including the Advisory<br />

Planning Committee.<br />

Area E APC The Area E APC felt that a review <strong>of</strong> the “Major<br />

Street Network Plan” is not necessary for their<br />

community.<br />

Area E APC The Area E APC thinks this policy should be<br />

removed as the subdivision servicing by-law is<br />

under review.<br />

Staff and the consultant recommend the<br />

following policy be added: To Support<br />

community participation in planning<br />

processes and encourage community<br />

engagement in a variety <strong>of</strong> volunteer<br />

organizations including the Advisory<br />

Planning Committee.<br />

Staff and the consultant recommends the<br />

wording <strong>of</strong> this policy be changed to: The<br />

<strong>Regional</strong> <strong>District</strong> supports the preparation <strong>of</strong><br />

a Bicycle and Trail network Plan. The plan<br />

should consider crossovers between the<br />

road and trail network plans and<br />

opportunities for alternative transportation<br />

modes including: bicycle routes, trails, a<br />

Handidart community van, carpool and car<br />

co-operatives.<br />

Staff and the consultant recommends this<br />

policy remain within the plan but the wording<br />

be changed from shall to should which will<br />

allow planners some discretion when reviewing<br />

specific applications.<br />

Area E APC Area E APC would like this policy removed. Staff and the consultant recommends the policy<br />

remain but that the wording be changed to: The<br />

<strong>Regional</strong> <strong>District</strong> should work with the<br />

provincial government to ensure data<br />

collected through the development review<br />

process contributes to the understanding <strong>of</strong><br />

water resources over the long term (e.g. can<br />

be integrated into the numerical flow models<br />

for aquifer characterization). <strong>Regional</strong><br />

<strong>District</strong> policies may be reviewed to ensure<br />

consistency with the province’s updates to<br />

the Water Act.<br />

Page 155 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 15<br />

R-44 Section<br />

10.4.1<br />

R-45 Section<br />

10.4.4<br />

Area E APC The Area E APC has indicated that they feel the<br />

study <strong>of</strong> subsurface soil conditions should be<br />

carried out at the building stage and not prior to<br />

rezoning or subdivision.<br />

Area E APC The Area E APC has suggested the following<br />

policy be added to the plan: Encourage alternate<br />

and modernized methods <strong>of</strong> disposing <strong>of</strong> human<br />

waste, such as composting toilets or non-septic<br />

toilets and accept these methods as water<br />

conservation techniques.<br />

R-46 Section 12 Staff The Development Permit Area sections were<br />

reviewed by the Planning Department and<br />

amended to ensure clarity in Development Permit<br />

areas, conditions and exemptions.<br />

Staff and the consultant recommend the policy<br />

remain as is. This review is intended as a<br />

requirement for new development and should<br />

not be done at the building permit stage where<br />

there is no discretion.<br />

Staff and the consultant recommend the<br />

following<br />

policy be added: The <strong>Regional</strong><br />

<strong>District</strong> recognizes that new and innovative<br />

independent on-site system strategies<br />

continue to be developed and may have<br />

application in the RDNO subject to approval<br />

from the relevant agencies.<br />

Staff and the consultant recommend the<br />

amendments made to Section 12 be<br />

approved to provide clarity to the<br />

Development Permit requirements/ process.<br />

R-47 Section 13 Staff &<br />

Consultant<br />

The consultant and staff have agreed that an<br />

Implementation table should be included in the<br />

plan to provide direction and clarity on the time<br />

frame and who is involved in implementing the<br />

OCP policies.<br />

Staff and the consultant recommend the<br />

addition <strong>of</strong> Section 13 be included in the<br />

amended Official Community Plan.<br />

R-48<br />

Section 1.4<br />

page 1-5<br />

Section 1.5<br />

Nicole<br />

Kohnert<br />

RDNO<br />

Manager <strong>of</strong><br />

<strong>Regional</strong><br />

Engineering<br />

Services<br />

Principle 9 refers to Sustainable land management<br />

practices; the question was raised “what are<br />

sustainable land management practices and will<br />

they have an impact on landfills?”<br />

In Section 1.5 reference is made that “Community<br />

services will be provided to a rural standard”;<br />

clarification has been requested as to what the<br />

Sustainable Land Management Practices is<br />

<strong>of</strong>ten defined as the use <strong>of</strong> land resources such<br />

as soils, water, animals and plants for the<br />

production <strong>of</strong> goods-to meet changing human<br />

needs- while assuring the long-term productive<br />

potential <strong>of</strong> these resources, and the<br />

maintenance <strong>of</strong> their environmental functions. In<br />

regards to landfills this statement would support<br />

the implementation <strong>of</strong> sustainable practices for<br />

landfill management that lessen their impact on<br />

the environment.<br />

The delivery <strong>of</strong> any community services whether<br />

it be urban or rural standards are based on<br />

population size and available funds / tax base for<br />

specific services.<br />

Page 156 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 16<br />

definition <strong>of</strong> a “rural standard” is.<br />

Section<br />

3.9.6<br />

Section 3.9.6 states “explore strategies to increase<br />

recycling options in areas not serviced by the blue<br />

bag”. It has been noted that options currently exist<br />

at the Cherryville and Lumby Recycling & Disposal<br />

Facilities.<br />

Comment noted.<br />

R-49 General<br />

Comments<br />

Columbia<br />

Shuswap<br />

<strong>Regional</strong><br />

<strong>District</strong><br />

The CSRD Board has no concerns with the<br />

proposed Official Community Plan Bylaw 2485,<br />

2011. However, upon staff’s review <strong>of</strong> the<br />

document they did note that because the OCP<br />

area does include the Shuswap River Watershed<br />

and because RDNO is a participant in the SLIPP<br />

Process, staff recommends that language related<br />

to SLIPP be in the OCP.<br />

In section 3.3 staff recommends the following<br />

addition <strong>of</strong> text to address the CSRD’s feedback:<br />

This Planning process will complement and<br />

integrate with the goals and objectives <strong>of</strong> the<br />

Shuswap Lake Integrated Planning Process<br />

(SLIPP).<br />

R-50 General<br />

Comments<br />

Interior Health Interior Health has raised no concerns with the<br />

proposed Official Community Plan Bylaw 2485,<br />

2011 and commends the <strong>Regional</strong> <strong>District</strong> for<br />

including sustainability, affordable housing and<br />

good security considerations into the plan.<br />

Comments noted.<br />

R-51 General<br />

Comments<br />

Ministry <strong>of</strong><br />

Forests,<br />

Lands and<br />

Natural<br />

Resource<br />

Operations<br />

Ecosystems Section <strong>of</strong> MoNLRO have provided Comments noted.<br />

information on the potential use <strong>of</strong> the conservation<br />

framework for priority ecosystems (TEM data) for<br />

Environmentally Sensitive Development Permit<br />

Areas.<br />

They also note that the Riparian Area Regulation<br />

The Riparian Area Regulations are met in the<br />

must be met or beat in this jurisdiction.<br />

Development Permit Section.<br />

Water Allocation Section have noted that if there<br />

are any works in and about a stream, a proponent<br />

will be required to submit an application for<br />

approval under Section 9 <strong>of</strong> the Water Act to Front<br />

Counter BC.<br />

They have also noted that development <strong>of</strong><br />

properties should be consistent with provincial<br />

Page 157 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 17<br />

“Flood Hazard Area Land Use Management<br />

Guidelines”.<br />

Planning Section <strong>of</strong> the Ministry <strong>of</strong><br />

Environment has pointed out that there are<br />

several provincial protected areas that fall within<br />

the existing plan area. We would be appreciative if<br />

the OCP highlighted the importance <strong>of</strong> these<br />

provincial parks and ecological reserves in the text<br />

portions <strong>of</strong> the document. Mapping, as indicated<br />

on Schedule B would be enhanced if provincial<br />

parks and ecological reserves were visible ie,<br />

Denison Bonneau Park, Echo Lake Park, Vance<br />

Creek Ecological Reserve.<br />

Staff recommends that the mapping be<br />

amended to include the provincial parks and<br />

ecological reserves.<br />

They have noted that on page 9-4 there is<br />

reference regarding an initiative to have McIntyre<br />

Lake protected as a “BC Park”. They have no<br />

record <strong>of</strong> the importance <strong>of</strong> this site as a provincial<br />

park, nor is there any strategic land use direction /<br />

recommendations indicating this site is suitable for<br />

such a designation. They have suggested that we<br />

contact their section to discuss the specific <strong>of</strong> this<br />

site.<br />

They have also indicated that since the OCP area<br />

falls within the planning context <strong>of</strong> the <strong>Okanagan</strong><br />

Shuswap Land and Resource Management Plan<br />

they would like to ensure that the OCP, and any<br />

future land use decisions, follows the<br />

recommendations <strong>of</strong> the OSLRMP.<br />

Comments noted.<br />

Page 158 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 18<br />

Attachment 3 Land Use Designations<br />

Property Owner &<br />

Address<br />

John & Lorna<br />

Guild<br />

#49 Pine Rd.<br />

Cherryville<br />

BC<br />

Current<br />

Zoning<br />

None<br />

Urban<br />

OCP<br />

Designation<br />

Requested OCP<br />

Designation<br />

Non Urban Country<br />

Residential<br />

In<br />

the<br />

ALR<br />

Context Staff Recommendation<br />

No The subject property is currently<br />

designated Non Urban and is requested<br />

to be designated Country Residential.<br />

The property to the south <strong>of</strong> the subject<br />

site is in the ALR, designated<br />

Agriculture and zoned Large Holding.<br />

The surrounding properties to the east<br />

and west are zoned and designated<br />

Country Residential. The properties to<br />

the east and west <strong>of</strong> the subject site<br />

underwent a detailed planning analysis<br />

in 2008 and it was determined that the<br />

proposed OCP and zoning amendment<br />

complied with the OCP policies and the<br />

suitability <strong>of</strong> the land for the intended<br />

use seemed satisfactory.<br />

Based on the detailed planning<br />

analysis and public<br />

consultation that was carried<br />

out on the properties to the<br />

east and west <strong>of</strong> the subject<br />

site, Staff recommends that the<br />

lot legally described as Lot 3<br />

Sec 24 Twp 57 Plan 33142 be<br />

designated in the Official<br />

community Plan as Country<br />

Residential. This redesignation<br />

will provide consistency in land<br />

use along Pine Rd.<br />

See Figure 1: Map <strong>of</strong> Subject<br />

Property at #49 Pine Rd,<br />

Cherryville BC.<br />

Ginette<br />

Bouffard &<br />

Doug Becker<br />

#1022 Sugar<br />

Lake Rd.<br />

Cherryville<br />

BC<br />

Non<br />

Urban<br />

Non Urban Country<br />

Residential<br />

No The subject property is currently zone<br />

Non Urban and is requested to be<br />

designated Country Residential. The<br />

property owners are looking to<br />

subdivide the subject site as they<br />

currently have a written contractual<br />

agreement specifying each party’s area<br />

<strong>of</strong> land.<br />

The subject site and proposed<br />

subdivision has not undergone<br />

analysis in relation to the Country<br />

Residential OCP policies and is<br />

best determined through the<br />

application process. Staff does<br />

not recommend that the subject<br />

site be redesignated through<br />

this OCP process.<br />

See Figure 2: Map <strong>of</strong> Subject<br />

Property at 1022 Sugar Lake<br />

Rd. Cherryville BC.<br />

Page 159 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 19<br />

Property Owner &<br />

Address<br />

Mark Budgen<br />

(on behalf <strong>of</strong><br />

the property<br />

owner)<br />

#423 Hwy 6<br />

Cherryville<br />

BC<br />

Current<br />

Zoning<br />

Crown<br />

land<br />

OCP<br />

Designation<br />

Requested OCP<br />

Designation<br />

In<br />

the<br />

ALR<br />

Context Staff Recommendation<br />

N/A Commercial No The area in question is the area located<br />

between highway #6 and Block A <strong>of</strong> the<br />

<strong>North</strong>west ¼ <strong>of</strong> Section 1 Township 57<br />

ODYD. This area is currently the<br />

subject <strong>of</strong> a crown land tenure<br />

acquisition with the Province <strong>of</strong> BC by<br />

the owners <strong>of</strong> the Gold Pan Café and<br />

Goldpanner Campground. This<br />

application is to rectify an existing and<br />

historical problem <strong>of</strong> the Gold Pan Café<br />

sitting on Crown Land. It is the<br />

applicants desire to have the<br />

commercial designation <strong>of</strong> the existing<br />

campground extended over the crown<br />

land to Highway #6.<br />

Staff recommends that the land<br />

located between highway #6<br />

and Block A <strong>of</strong> the <strong>North</strong>west ¼<br />

<strong>of</strong> Section 1 Township 57 ODYD<br />

be designated as commercial to<br />

rectify the historical and<br />

existing land use designation<br />

inconsistencies.<br />

See Figure 3: Map <strong>of</strong> Subject<br />

Property at #423 Hwy 6,<br />

Cherryville BC.<br />

Hank<br />

Cameron<br />

#92 Begbie<br />

Road<br />

Cherryville<br />

BC<br />

Three<br />

properties:<br />

#92<br />

Begbie<br />

Rd: Non<br />

Urban<br />

#100<br />

Begbie<br />

Rd: Non<br />

Urban &<br />

#95<br />

Begbie Rd<br />

(owner:<br />

Gail<br />

Thomas:<br />

Non<br />

Urban<br />

Non Urban Country<br />

Residential<br />

No The subject properties are currently<br />

zoned Non Urban and a request has<br />

been made to designate them as<br />

Country Residential to reflect the<br />

property size and protect the interests<br />

<strong>of</strong> local residents.<br />

Staff does not recommend that<br />

the subject sites be<br />

redesignated through this OCP<br />

process as there are a number <strong>of</strong><br />

additional properties in this area,<br />

<strong>of</strong> a similar size, that are zoned<br />

and designated Non Urban who<br />

may also want Country<br />

Residential designations. The<br />

Non Urban zoning and<br />

designation does not restrict any<br />

<strong>of</strong> the permitted uses that are<br />

outlined in the Country<br />

Residential zone other than<br />

eliminates the potential for<br />

subdivision. This request is best<br />

suited for an application process.<br />

See Figure 4: Map <strong>of</strong> Subject<br />

Properties at #92, #95 & #100<br />

Begbie Rd. Cherryville BC.<br />

Page 160 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 20<br />

Property Owner &<br />

Address<br />

Vincenzo<br />

d”Errico<br />

2545<br />

Highway 6<br />

(Electoral<br />

Area D)<br />

Current<br />

Zoning<br />

Non<br />

Urban<br />

OCP<br />

Designation<br />

Requested OCP<br />

Designation<br />

Non Urban Country<br />

Residential<br />

In<br />

the<br />

ALR<br />

Yes<br />

Context Staff Recommendation<br />

The subject property is located within<br />

the ALR. The applicant has previously<br />

tried to subdivide the property into five,<br />

seventeen acre parcels while remaining<br />

within the ALR. This application was<br />

turned down by the ALC as it was<br />

determined that the proposal would<br />

negatively impact agriculture and is<br />

inconsistent with the objective <strong>of</strong> the<br />

ALC Act to preserve agricultural land.<br />

Staff does not recommend that<br />

the subject site be<br />

redesignated through this OCP<br />

process as this subdivision<br />

proposal has already been<br />

submitted to the Agricultural Land<br />

Commission and was not<br />

supported. Additionally the<br />

<strong>Regional</strong> <strong>District</strong> does not<br />

redesignate lands in the ALR for<br />

uses other than agriculture. The<br />

subject proposal would need to be<br />

brought forward through an<br />

individual application.<br />

See Figure 5: Map <strong>of</strong> Subject<br />

Property at #2545 Highway 6,<br />

(Electoral Area D).<br />

Sherry<br />

Kineshanko<br />

53 Birch Road<br />

& 262 Mable<br />

Lake Road<br />

(Electoral<br />

Area D)<br />

Two<br />

properties:<br />

53 Birch<br />

Rd: Non<br />

Urban<br />

262 Mable<br />

Lake Rd:<br />

Small<br />

Holdings<br />

53 Birch Rd:<br />

Non Urban<br />

262 Mable<br />

Lake Rd:<br />

Residential,<br />

Agricultural<br />

& Small<br />

Holdings<br />

Small<br />

Holdings<br />

Yes The subject properties are currently<br />

zoned NU and SH. The applicant would<br />

like to do a boundary realignment to<br />

add lands to the property at 53 Birch<br />

Road. A portion <strong>of</strong> the property located<br />

at 262 Mable Lake Rd is within the ALR.<br />

This application is beyond the<br />

scope <strong>of</strong> a simple land use<br />

change and requires careful<br />

analysis. This proposal is best<br />

suited for an application process.<br />

Additionally, since a portion <strong>of</strong> the<br />

subject lands are within the ALR<br />

staff would not redesignate these<br />

properties until the proposal has<br />

been submitted and approved by<br />

the ALC.<br />

See Figure 6: Map <strong>of</strong> Subject<br />

Property at 53 Birch Road &<br />

262 Mable Lake Rd, (Electoral<br />

Area D).<br />

Page 161 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 21<br />

Figure 1: Map <strong>of</strong> Subject Property at #49 Pine Rd, Cherryville BC.<br />

Page 162 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 22<br />

Figure 2: Map <strong>of</strong> Subject Property at #1022 Sugar Lake Rd, Cherryville BC.<br />

~<br />

~<br />

~<br />

z<br />

CI<br />

"<br />

~<br />

9 -<br />

~ I<br />

.<br />

f; ~<br />

:....I "<br />

.- ~<br />

II<br />

~<br />

\<br />

....<br />

..<br />

Page 163 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 23<br />

Figure 3: Map <strong>of</strong> Subject Property at #423, Hwy 6, Cherryville BC.<br />

Page 164 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 24<br />

Figure 4: Map <strong>of</strong> Subject Properties<br />

Page 165 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 25<br />

Figure 5: Map <strong>of</strong> Subject Property at #2545 Highway 6, (Electoral Area D).<br />

Page 166 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.1<br />

Electoral Areas “D” and “E” Official Community Plan, Bylaw 2485, 2011<br />

Report to Electoral Area Advisory Committee – November 22, 201 Page 26<br />

Figure 6: Map <strong>of</strong> Subject Properties at 53 Birch Rd and 262 Mable Lake Rd, (Electoral Area D).<br />

Page 167 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.2<br />

REGIONAL DISTRICT<br />

<strong>of</strong><br />

NORTH OKANAGAN<br />

MEMORANDUM<br />

File No. : 11-0682-E-WVR<br />

TO:<br />

FROM:<br />

DATE:<br />

SUBJECT:<br />

Electoral Area Advisory Committee<br />

Planning Department<br />

November 16, 2011<br />

Waiver <strong>of</strong> Lot Frontage Application for the property legally<br />

described as Lot 3, Sec 27, Twp 45, ODYD, Plan KAP91514 and<br />

located at 1404 Highway 6, Electoral Area "E"<br />

At the Regular Meeting <strong>of</strong> the Board <strong>of</strong> Directors on September 7, 2011 , the Board resolved that<br />

until Bylaw changes for delegation <strong>of</strong> Lot Frontage Waivers are adopted, Lot Frontage Waiver<br />

requests be forwarded directly to the Electoral Area Advisory Committee for consideration<br />

without the need for a staff report provided the proposed subdivision complies with all other<br />

RDNO bylaws, no variances are needed and reasonable road frontage is provided.<br />

In keeping with this direction, the subject Lot Frontage Waiver Application is forwarded for<br />

consideration to the Electoral Area Advisory Committee. Attached is a Subdivision Information<br />

Report which outlines the conditions <strong>of</strong> the proposed subdivision as it relates to <strong>Regional</strong> <strong>District</strong><br />

bylaws. To date, the applicant has not submitted documentation to demonstrate whether or not<br />

the proposed subdivision complies with all RDNO bylaws.<br />

The subject property contains a single family dwelling and a suitable building site has been<br />

identified on the proposed Lot A. Access to the existing single family dwelling and building site<br />

are proposed to be gained via driveways that would share the same access from Highway 6.<br />

The applicant has submitted the attached site plans which demonstrate that driveways could be<br />

constructed on the subject properties to comply with the private driveway access requirements<br />

<strong>of</strong> Section 310 <strong>of</strong> the Zoning Bylaw.<br />

The subject Lot Frontage Waiver Application requests that the Board <strong>of</strong> Directors waive the ten<br />

percent minimum lot frontage requirement <strong>of</strong> Section 803.7 <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong><br />

<strong>Okanagan</strong> Zoning Bylaw No. 1888, 2003 for the property legally described as Lot 3, Sec 27,<br />

Twp 45, ODYD, Plan KAP91514 and located at 1404 Highway 6, Electoral Area "E" by reducing<br />

the lot frontage <strong>of</strong> proposed Lot A from 174.47 metres to 132.88 metres as shown on the site<br />

plan attached to the Planning Department report dated November 16, 2011 .<br />

Submitted by:<br />

4~~<br />

Deputy Plannin::ana:<br />

Approved by:<br />

Rob Smailes, MCIP<br />

General Manager, Planning and Building<br />

Page 168 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.2<br />

File:<br />

Applicant:<br />

Location:<br />

ELECTORAL AREA "E"<br />

SUBDIVISION APPLICATION<br />

SUBJECT PROPERTY MAP<br />

11-0205-E-SUB<br />

Linda Forslund clo J.R. Shortt<br />

1404 Highway 6<br />

4 • ,<br />

z<br />

w<br />

::i:<br />

w<br />

CJ)<br />

US<br />

SHUSWAP<br />

PLAN 43687<br />

A<br />

PLAN 32676<br />

REM , S l/2 eXe,<br />

N. OF SHUSWAP River<br />

REM . NWl/4<br />

N. OFHWY<br />

8597<br />

PLAN 24879<br />

A<br />

KAP89595<br />

3<br />

2<br />

A<br />

KAP70547<br />

~7<br />

2<br />

P.20171 P.23387<br />

1<br />

PLA./IJ 2<br />

Subject Property<br />


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.2<br />

REGIONAL DISTRICT<br />

<strong>of</strong><br />

NORTH OKANAGAN<br />

PLANNING DEPARTMENT<br />

SUBDIVISION REFERRAL<br />

SUBDIVISION INFORMATION REPORT FORM<br />

File No.: 11-0205-E-SUB Date: August 23, 2011<br />

Applicant:<br />

Jason R. Shortt<br />

To:<br />

<strong>District</strong> Development Technician: Dave Solberg Your File: 2011-01919<br />

A.P.C. 'E' Chair:<br />

Clint Whitecotton<br />

Director:<br />

Eugene Foisy<br />

Proposed Subdivision <strong>of</strong>:<br />

Legal Description:<br />

Lot 3, Sec 27, Twp 45, ODYD, Plan KAP91514<br />

P.I.D.#: 028-364-015<br />

Civic Address: 1404 Highway 6<br />

Owner name:<br />

Linda Forslund<br />

Owner address: 1404 Highway 6, Lumby, BC V0E 2G1<br />

Agent:<br />

Jason R. Shortt<br />

Agent Address: 2801 – 32 nd Street, Vernon, BC V1T 5L8<br />

Existing Lots / New Lots Proposed:<br />

Potable Water:<br />

Parent Property Size:<br />

Present Zoning:<br />

Official Community Plan:<br />

1 lot / 1 lot plus remainder<br />

On-site wells<br />

26.4 ha<br />

Non-Urban (N.U)<br />

Controlled Access Highway / Non-Urban<br />

Affected by Agricultural Land Reserve: Yes X No N/A<br />

Approved by B.C. Land Commission: Yes No X N/A<br />

Affected by Controlled Access Highway: X Yes No N/A<br />

Affected by Major Road Network Plan: X Yes No N/A<br />

Page 170 <strong>of</strong> 232<br />

Page 1 <strong>of</strong> 2


Subdivision Information Report Form<br />

File No.: 11-0205-E-SUB<br />

Development Permit Required: Yes X No<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.2<br />

Waiver <strong>of</strong> Lot Frontage Required: X Yes No<br />

Development Cost Charge to be paid: X Yes No Amount: $500.00<br />

Purpose: White Valley Parks and Recreation <strong>District</strong> Development Cost Charge<br />

Bylaw No. 1390, 1996<br />

Parkland or money-in-lieu required: Yes X No<br />

Application Fee: $650.00<br />

Fee Received [Date]: July 26, 2011 Receipt No.: 137759<br />

This <strong>of</strong>fice recommends that the proposed plan <strong>of</strong> subdivision not be approved as proposed Lot A would not<br />

comply with the minimum lot frontage standard <strong>of</strong> the Non-Urban (N.U) Zone <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong><br />

<strong>Okanagan</strong> Zoning Bylaw No. 1888, 2003. Section 803.7 <strong>of</strong> the Zoning Bylaw requires that lots that are proposed<br />

to be subdivided within the N.U zone must have a lot frontage <strong>of</strong> not less than one-tenth <strong>of</strong> the perimeter <strong>of</strong> the lot.<br />

The subdivision layout would need to be revised in order to conform with the Zoning Bylaw or the proposed<br />

subdivision would require the approval <strong>of</strong> a lot frontage waiver request. To process such a request, the applicant<br />

would need to submit a letter to the <strong>Regional</strong> <strong>District</strong> along with the required $450.00 processing fee.<br />

Should the above requirement be satisfied, this <strong>of</strong>fice raises no objection to the proposed plan <strong>of</strong> subdivision<br />

subject to the following:<br />

1. The highways adjacent to the subject property must be dedicated pursuant to the requirements <strong>of</strong> Section<br />

401.3 <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Subdivision Servicing Bylaw No. 726, 1986 and constructed<br />

to your Ministry’s standards.<br />

2. Pro<strong>of</strong> <strong>of</strong> water quality, surface water supplies and/or groundwater supplies for all proposed lots pursuant to the<br />

requirements <strong>of</strong> Sections 402.1 and 402.3 to 402.6 <strong>of</strong> Subdivision Servicing Bylaw No. 726. In this regard,<br />

surface water and groundwater supplies must be tested by a pr<strong>of</strong>essional hydrologist or a pr<strong>of</strong>essional<br />

engineer specializing in groundwater hydrology or groundwater geology. Surface and subsurface water<br />

supplies must be proven to have water that is potable in accordance with Section 402.5.<br />

3. Approval <strong>of</strong> the Interior Health Environmental Health Officer with respect to the sewage disposal in accordance<br />

with Section 403 <strong>of</strong> Subdivision Servicing Bylaw No. 726.<br />

4. Pro<strong>of</strong> <strong>of</strong> compliance with the minimum lot area and minimum lot frontage requirements <strong>of</strong> the Non-Urban<br />

(N.U.) Zone <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Zoning Bylaw No. 1888, 2003 for all proposed lots.<br />

5. Pro<strong>of</strong> <strong>of</strong> compliance with the buildings per lot requirements <strong>of</strong> Section 803.2 <strong>of</strong> Zoning Bylaw No. 1888 for all<br />

proposed lots.<br />

6. Pro<strong>of</strong> <strong>of</strong> compliance with the building setback requirements <strong>of</strong> Zoning Bylaw No. 1888 with respect to new<br />

lot lines and existing buildings.<br />

7. Pro<strong>of</strong> <strong>of</strong> compliance with the building site and driveway access requirements <strong>of</strong> Section 310 <strong>of</strong> Zoning Bylaw<br />

No. 1888 for all proposed lots.<br />

8. Payment <strong>of</strong> a Development Cost Charge in the amount <strong>of</strong> $500.00 pursuant to the White Valley Parks and<br />

Recreation <strong>District</strong> Development Cost Charge Bylaw No. 1390, 1996.<br />

9. Where the subdivision is subject to the Riparian Areas Regulation, receipt <strong>of</strong> notification from the Ministry <strong>of</strong><br />

Environment that an assessment report has been received, demonstrating the proposed development<br />

meets the requirements <strong>of</strong> Section 4(2) or <strong>of</strong> Section 4(3) <strong>of</strong> the Riparian Areas Regulation.<br />

__________________________________<br />

Greg Routley<br />

Deputy Planning Manager<br />

Page 171 <strong>of</strong> 232<br />

Page 2 <strong>of</strong> 2


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.2<br />

Page 172 <strong>of</strong> 232<br />

SUBDIVISION PLAN OF LOT 3, SEC<br />

TP 45, ODYD, PLAN KAP91514.<br />

Pursuant to Section 67 <strong>of</strong> the Land Title Act<br />

BCGS<br />

SCALE<br />

82 L.027<br />

1:2500<br />

27,<br />

Pr<strong>of</strong>iles<br />

scale 1: 1000<br />

Proposed Dri~o.y fOf Lot A<br />

Qn .so", lOCh! 150m 2IX'n<br />

Averooe Grad!! m IN 'MfJTH 1{<br />

4J2JrJm IN HDGHr (c aiZe) trHEH F'LOTTfD AT A SCJI.£ OF ',2~<br />

Proposed Driveway for Lot 8<br />

Awro;e Grade <br />

LEGENO<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.3<br />

REGIONAL DISTRICT<br />

<strong>of</strong><br />

NORTH OKANAGAN<br />

MEMORANDUM<br />

File No.: 11-0613-F-WVR<br />

TO:<br />

FROM:<br />

DATE:<br />

SUBJECT:<br />

Electoral Area Advisory Committee<br />

Planning Department<br />

November 16, 2011<br />

Waiver <strong>of</strong> Lot Frontage Application for the properties legally<br />

described as Lots 1 and 3, Sec 3, Twp 19, R9, W6M, KDYD, Plan<br />

KAP74661 and located at 227 and 229 Glenmary Road<br />

At the Regular Meeting <strong>of</strong> the Board <strong>of</strong> Directors on September 7, 2011, the Board resolved that<br />

until Bylaw changes for delegation <strong>of</strong> Lot Frontage Waivers are adopted, Lot Frontage Waiver<br />

requests be forwarded directly to the Electoral Area Advisory Committee for consideration<br />

without the need for a staff report provided the proposed subdivision complies with all other<br />

RDNO bylaws, no variances are needed and reasonable road frontage is provided.<br />

In keeping with this direction, the subject Lot Frontage Waiver Application is forwarded for<br />

consideration to the Electoral Area Advisory Committee. Attached is a Subdivision Information<br />

Report which outlines the conditions <strong>of</strong> the proposed subdivision as it relates to <strong>Regional</strong> <strong>District</strong><br />

bylaws. To date, the applicant has not submitted documentation to demonstrate whether or not<br />

the proposed subdivision complies with all RDNO bylaws.<br />

The subject properties each contain a single family dwelling. Access to each dwelling is gained<br />

via a driveway that crosses two properties to the south <strong>of</strong> the subject properties before<br />

connecting to Glenmary Road. Access easements are registered over the driveway in favour <strong>of</strong><br />

the subject properties. The <strong>Regional</strong> <strong>District</strong> is not registered as a Transferee in the easements.<br />

The applicant has submitted the attached site plans which demonstrate that driveways could be<br />

constructed on the subject properties to comply with the private driveway access requirements<br />

<strong>of</strong> Section 310 <strong>of</strong> the Zoning Bylaw.<br />

The subject Lot Frontage Waiver Application requests that the Board <strong>of</strong> Directors waive the ten<br />

percent minimum lot frontage requirement <strong>of</strong> Section 802.7 <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong><br />

<strong>Okanagan</strong> Zoning Bylaw No. 1888, 2003 for the properties legally described as Lots 1 and 3,<br />

Sec 3, Twp 19, R9, W6M, KDYD, Plan KAP74661 and located at 227 and 229 Glenmary Road ,<br />

Electoral Area 'F' by reducing the lot frontage <strong>of</strong> proposed Lot 3 from 170.7 metres to 23.3<br />

metres and proposed Lot 1 from 94.07 metres to 84.32 metres as shown on the site plan<br />

attached to the Planning Department report dated November 16, 2011.<br />

Submitted by:<br />

!!.7J.~<br />

Deputy Planning Manager<br />

Approved by:<br />

C~<br />

RobSlT1aiieS,MCiP<br />

General Manager, Planning and Building<br />

Page 173 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.3<br />

File:<br />

Applicant:<br />

Location:<br />

ELECTORAL AREA "F"<br />

SUBDIVISION APPLICATION<br />

SUBJECT PROPERTY MAP<br />

11-0237 -F-SUB<br />

Glen & Carrie Cullen clo Richard & Irene Montgomery<br />

227 & 229 Glenmary Road<br />

loS. 6<br />

C.T.227502-F<br />

KAP1I8962<br />

C.T. P9010-F<br />

4<br />

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/<br />

A<br />

PlAN 2'JI83<br />

3<br />

PlAN 38451<br />

loS. 1<br />

C.T. 227502-F<br />

PlAN 5258<br />

,<br />

""IU-,,:<br />

2<br />

PlAN 5256<br />

C.T. P9010·F<br />

Subject p ro~"<br />

~<br />

,<br />


Page 175 <strong>of</strong> 232<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.3<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.3<br />

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Page 177 <strong>of</strong> 232<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.3<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.3<br />

REGIONAL DISTRICT<br />

<strong>of</strong><br />

NORTH OKANAGAN<br />

PLANNING DEPARTMENT<br />

SUBDIVISION REFERRAL<br />

SUBDIVISION INFORMATION REPORT FORM<br />

File No.: 11-0237-F-SUB Date: August 23, 3011<br />

Applicant:<br />

Richard & Irene Montgomery<br />

<strong>District</strong> Development Technician:<br />

A.P.C. 'F' Chair:<br />

Director:<br />

Desiree Lantenhammer<br />

Keith Gray<br />

Herman Halvorson<br />

Your File: 2011-02110<br />

Proposed Subdivision <strong>of</strong>:<br />

Legal Description:<br />

P.I.D.#:<br />

Civic Address:<br />

Owner name(s):<br />

Owner address(es):<br />

Lot 1 and Lot 3, Sec 3, Twp 19, R9, W6M , KDYD, Plan KAP74661<br />

025-822-055 (F) I 025-822-071<br />

227 & 229 Glenmary Road<br />

Glen & Carrie Cullen<br />

227 Glenmary Road<br />

Enderby, BC VOE 1 V3<br />

Richard & Irene Montgomery<br />

229 Glenmary Road<br />

Enderby, BC VOE 1 V3<br />

Proposed Use:<br />

Lots Proposed:<br />

Potable Water:<br />

Property Size:<br />

Present Zoning:<br />

Community Plan:<br />

Rural Residential<br />

Two (2) lot boundary adjustment<br />

On-site wells<br />

2.04 & 10.5 ha<br />

Country Residential (C.R)<br />

Country Residential<br />

Affected by Agricultural Land Reserve: Yes X No<br />

Approved by B.C. Land Commission: Yes No<br />

N/A<br />

X N/A<br />

Page 1 0'2<br />

Page 178 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.3<br />

Subdivision Information Report Form<br />

File No.: 11-0237-F-SUB<br />

Affected by Controlled Access Highway:<br />

Yes<br />

X No<br />

N/A<br />

Affected by Major Road Network Plan:<br />

X Yes<br />

No<br />

N/A<br />

Development Permit Required:<br />

X Yes<br />

No<br />

Waiver <strong>of</strong> Lot Frontage Required:<br />

X Yes<br />

No<br />

Development Cost Charge to be paid: Yes X No<br />

Parkland or money-in-lieu required: Yes X No<br />

Application Fee: $650.00<br />

Fee Received [Date]: May 10, 2011<br />

Amount: $0.00<br />

Receipt No.: n/a<br />

Receipt No.: 134578<br />

This <strong>of</strong>fice recommends that the proposed plan <strong>of</strong> subdivision not be approved as proposed Lot 3 would not<br />

comply with the minimum lot frontage standard <strong>of</strong> the Country Residential (C.R) Zone <strong>of</strong> <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong><br />

<strong>Okanagan</strong> Zoning Bylaw No. 1888, 2003. Section 802.7 <strong>of</strong> the Zoning Bylaw requires that lots that are proposed<br />

to be subdivided within the Country Residential (C.R) zone must have a lot frontage <strong>of</strong> not less than one-tenth <strong>of</strong><br />

the perimeter <strong>of</strong> the lot. The subdivision layout would need to be revised in order to conform with the Zoning Bylaw<br />

or the proposed subdivision would require the approval <strong>of</strong> a lot frontage waiver request. To process such a<br />

request, the applicant would need to submit a letter to the <strong>Regional</strong> <strong>District</strong> along with the required $450.00<br />

processing fee.<br />

Should the above requirement be satisfied, this <strong>of</strong>fice raises no objection to the proposed plan <strong>of</strong> subdivision<br />

subject to the following :<br />

1. The highways adjacent to the subject property must .be dedicated pursuant to the requirements <strong>of</strong> Section<br />

401.3 <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Subdivision Servicing Bylaw No. 726, 1986 and constructed<br />

to your Ministry's standards.<br />

2. Pro<strong>of</strong> <strong>of</strong> water quality, surface water supplies and/or groundwater supplies for all proposed lots pursuant to the<br />

requirements <strong>of</strong> Sections 402.1 and 402.3 to 402.6 <strong>of</strong> Subdivision Servicing Bylaw No. 726. Surface and<br />

subsurface water supplies must be proven to have water that is potable in accordance with Section 402.5.<br />

3. Approval <strong>of</strong> the Interior Health Environmental Health Officer with respect to the sewage disposal in accordance<br />

with Section 403 <strong>of</strong> Subdivision Servicing Bylaw No. 726.<br />

4. Pro<strong>of</strong> <strong>of</strong> provision <strong>of</strong> hydro service for all proposed lots in accordance with Section 409 <strong>of</strong> the Subdivision<br />

Servicing Bylaw No. 726.<br />

5. Pro<strong>of</strong> <strong>of</strong> compliance with the minimum lot area and minimum lot frontage requirements <strong>of</strong> the Country<br />

Residential (C.R.) Zone <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Zoning Bylaw No. 1888, 2003 for all<br />

proposed lots.<br />

6. Pro<strong>of</strong> <strong>of</strong> compliance with the building setback requirements <strong>of</strong> Zoning Bylaw No. 1888 with respect to new<br />

lot lines and existing buildings.<br />

7. Pro<strong>of</strong> <strong>of</strong> compliance with the driveway access requirements <strong>of</strong> Section 310 <strong>of</strong> Zoning Bylaw No. 1888 for all<br />

proposed lots.<br />

8. The subject property is identified in the Electoral Area "F" Official Community Plan as being within a<br />

Development Permit Area for Protection <strong>of</strong> Development from Hazardous Conditions (Wildfire Interface Area).<br />

Prior to final subdivision approval, issuance <strong>of</strong> a Development Permit in this regard is required.<br />

9. Where the subdivision is subject to the Riparian Areas Regulation, receipt <strong>of</strong> notification from the Ministry <strong>of</strong><br />

Environment that an assessment report has been received , demonstrating the proposed development<br />

meets the requirements <strong>of</strong> Section 4(2) or <strong>of</strong> Section 4(3) <strong>of</strong> the Riparian Areas Regulation.<br />

Greg Routley<br />

Deputy Planning Manager<br />

Page 2 0(2<br />

Page 179 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.3<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

REGIONAL DISTRICT<br />

<strong>of</strong><br />

NORTH OKANAGAN<br />

PLANNING DEPARTMENT<br />

INFORMATION REPORT<br />

APPLICATION UNDER SECTION 21(2) OF THE<br />

AGRICULTURAL LAND COMMISSION ACT<br />

Date: September 21, 2011<br />

File No.:<br />

Applicant:<br />

Legal Description:<br />

11-0472-F-ALR<br />

Robert & Leslie Cooke<br />

The NE ¼ <strong>of</strong> Sec 26, Twp 18, R8, W6M, KDYD, Except Plans<br />

6432, B11041, 31145, H13556 and KAP45812<br />

P.I.D.# 013-777-611<br />

Civic Address:<br />

Property Size:<br />

Servicing:<br />

69 Ashton Cooke Road<br />

21.46 ha (62.80 acres)<br />

Well water and on site septic disposal<br />

Soil Classification: Class 4 (Improvable to 70% Class 4 / 30% Class 3)<br />

Zoning:<br />

O.C.P. Designation:<br />

Proposed Use:<br />

Country Residential (C.R)<br />

Country Residential / Development Permit Area<br />

Subdivision within the ALR to create one lot plus remainder<br />

PLANNING DEPARTMENT RECOMMENDATIONS<br />

That it be recommended to the Board <strong>of</strong> Directors that the application <strong>of</strong> Robert and Leslie<br />

Cooke under Section 21(2) <strong>of</strong> the Agricultural Land Commission Act to subdivide the property<br />

legally described as The NE ¼ <strong>of</strong> Sec 26, Twp 18, R8, W6M, KDYD, Except Plans 6432,<br />

B11041, 31145, H13556 and KAP45812, located at 69 Ashton Cooke Road, Electoral Area ‘F’<br />

not be authorized for submission to the Agricultural Land Commission pursuant to Section 25(3)<br />

<strong>of</strong> the Agricultural Land Commission Act.<br />

BACKGROUND:<br />

The subject application proposes to subdivide a portion <strong>of</strong> the 21.46 ha property located at 69<br />

Ashton Cooke Road for the purpose <strong>of</strong> creating a 2.023 ha Country Residential lot or the same<br />

sized parcel as a homesite lot under Section 946 <strong>of</strong> the Local Government Act. As the proposed<br />

F:\3000-3699 LAND ADMIN\3067 AREA F\3067 - APPLICATIONS\ALR\2011\11-0472-F-ALR - COOKE\11-0472-F-ALR - COOKE -<br />

ALR Info Sheet.docx<br />

Page 181 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

Agricultural Land Commission Application<br />

11-0472-F-ALR (Robert & Leslie Cooke) Page 2<br />

lot is partially located in the Agricultural Land Reserve (ALR), approval under Section 21(2) <strong>of</strong><br />

the Agricultural Land Commission (ALC) Act is required.<br />

Site Context<br />

The subject property is located on the north side <strong>of</strong> Ashton Cooke Road and with the exception<br />

<strong>of</strong> a 1.26 ha triangular portion at the northwest corner, is entirely within the Agricultural Land<br />

Reserve. Upon review <strong>of</strong> the Land Commission’s mapping, the correct ALR boundary has been<br />

identified as being adjacent to the west property line as shown below:<br />

The property is zoned Country Residential (C.R) and designated in the OCP as Agricultural. The<br />

property was originally a full quarter section totalling160 acres that was subdivided 4 times over<br />

the years, creating 5 lots and dedication <strong>of</strong> Ashton Cooke Road. In 1954 the first lot divided <strong>of</strong>f<br />

was a 1.259 ha parcel to the west. Adjacent to that parcel is a 3.059 ha lot created in 1980 that<br />

shares a west lot line with the subject parcel. To the south is a 3.956 ha parcel that was<br />

subdivided in 1991 under Section 996 <strong>of</strong> the Municipal Act (now Section 946 <strong>of</strong> the Local<br />

Government Act). Each <strong>of</strong> these properties that have been subdivided from the parent parcel lie<br />

outside <strong>of</strong> the Agriculture Land Reserve, are zoned Country Residential (C.R.) and designated<br />

in the OCP as Future Small Holdings.<br />

To the east is Ashton Creek Ranch, a beef cattle feed lot also primarily in the ALR, zoned Non<br />

Urban (N.U.) and designated Agricultural and Non Urban. To the north is a BC Hydro power<br />

substation created by subdivision in 1974. The 32.77 ha parcel is zoned and designated Non<br />

Urban (N.U.) Access to the substation is gained via a private road located near the west<br />

boundary <strong>of</strong> the subject property. A second Statutory Right <strong>of</strong> Way traverses the field in the<br />

center <strong>of</strong> the property for transmission lines.<br />

The attached plan shows a field leased out to a local farmer for alfalfa cultivation in the center <strong>of</strong><br />

the property. To the east <strong>of</strong> the field is a single family dwelling constructed in 1995 by the<br />

current owners and an older barn both accessed by a driveway from Ashton Cooke Road. The<br />

original homestead is unused and located at the northwest edge <strong>of</strong> the field. Dense trees<br />

surround the field and homesite. The rear <strong>of</strong> the property is a steep hillside sloping up to the<br />

north. Edwin Stream enters the property at the southwest corner. Ashton Creek traverses the<br />

BC Hydro property to the north.<br />

Page 182 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

Agricultural Land Commission Application<br />

11-0472-F-ALR (Robert & Leslie Cooke) Page 3<br />

The Proposal<br />

The purpose <strong>of</strong> the application to subdivide is to create a smaller homesite for Mr. and Mrs.<br />

Cooke and retain the remainder farm property for the Cooke’s children. The proposal is shown<br />

on the attached plan as a 2.023 ha parcel that includes the 1.26 ha non-ALR portion at the west<br />

end <strong>of</strong> the property. Mr. Cooke states that the proposed homesite has poor farming potential as<br />

approximately 1/3 <strong>of</strong> the area is a swamp around Edwin Stream, 1/3 <strong>of</strong> the area is a former<br />

gravel pit and 1/3 <strong>of</strong> the area is a steep hillside. Mr. Cooke suggests that the parcel size is<br />

similar to those in the area and would not impact the current use <strong>of</strong> the surrounding properties.<br />

As the current property owner Mr. Robert Cooke and his wife Leslie have also occupied the<br />

subject property as their principal place <strong>of</strong> residence since 1995. Mr. Cooke has also<br />

demonstrated that three members <strong>of</strong> the Cooke family have continuously owned the property<br />

since 1961 and states that the property has been in continuous ownership by the Cooke family<br />

since 1902. As the grandson <strong>of</strong> the original owner, Mr. Cooke has requested that the application<br />

be treated as either a homesite severance or as a Country Residential conventional subdivision<br />

proposal. Below is an ortho (air) photo <strong>of</strong> the property:<br />

Agricultural Capability <strong>of</strong> the Subject Property<br />

The Canada Land Inventory agricultural capability classification system groups land into seven<br />

classes according to the land’s potential and limitations for agricultural use depending on soil<br />

and climate characteristics. Class 1 land is capable <strong>of</strong> producing the very widest range <strong>of</strong> crops<br />

whereas Class 7 land has no capability for soil bound agriculture. As the class numbers<br />

increase from Class 1 to 7, the range <strong>of</strong> crops decreases. Associated with each class is a<br />

subclass that identifies limitations or special management practices needed to improve the soil.<br />

The classification usually gives land two ratings: unimproved and improved. Unimproved ratings<br />

describe the land in its native condition. Improved ratings indicate the land’s potential once<br />

management practises have been implemented, such as irrigation, stone removal or drainage.<br />

Page 183 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

Agricultural Land Commission Application<br />

11-0472-F-ALR (Robert & Leslie Cooke) Page 4<br />

The Inventory rates the subject property as Class 4 with an improved rating <strong>of</strong> 70% Class 4 and<br />

30% Class 3. Class 4 land is capable <strong>of</strong> a restricted range <strong>of</strong> crops. Soil and climate conditions<br />

require special management considerations. Class 3 land is capable <strong>of</strong> producing a fairly wide<br />

range <strong>of</strong> crops under good management practices. Soil and/or climate limitations are somewhat<br />

restrictive. The subclasses associated with the property are soil moisture deficiency, stoniness<br />

and topography.<br />

Area “F” Agricultural Land Reserve Boundary Review – 2008<br />

The 2005 Official Community Plan directed that a major review <strong>of</strong> the ALR be carried out for the<br />

entire plan area. The ALR boundary review was completed in 2009 with the Board <strong>of</strong> Directors<br />

endorsing no changes to the ALR boundary specific to the Ashton Cooke Road area. The<br />

consultant described reasoning for not recommending a boundary change as: the Ashton-<br />

Cooke Road traverses though a meaningful agricultural community with decent soils and<br />

topography to support agricultural activities. No change to the ALR boundary is recommended.<br />

Agricultural Land Commission Policy No. 11 – Homesite Severance on ALR Lands<br />

The ALC has adopted the following guidelines to provide a consistent approach to the<br />

consideration and approval <strong>of</strong> homesite severance applications:<br />

1. A once only severance may be permitted where the applicant submits documentary<br />

evidence that he or she has continuously owned and occupied the property as his or her<br />

principal place <strong>of</strong> residence since December 21, 1972.<br />

2. Where an application for a homesite severance has had a previous subdivision application<br />

approved by the ALC resulting in the creation <strong>of</strong> a separate parcel, the ALC may consider<br />

the previous approval as having fulfilled the objectives <strong>of</strong> the Homesite Severance Policy<br />

and may deny any further consideration under the Homesite Severance Policy.<br />

3. An application for a homesite severance will be considered only where the applicant submits<br />

documentary evidence showing a legitimate intention to sell the remainder <strong>of</strong> the property.<br />

4. There will be cases where the ALC considers that good land use criteria rule out any<br />

subdivision <strong>of</strong> the land because subdivision would compromise the agricultural integrity <strong>of</strong><br />

the area, and the ALC must therefore exercise its discretion to refuse the homesite<br />

severance. Where the ALC decides to allow a homesite severance, there are two options:<br />

a) the existing homesite may be created as a separate parcel where it is <strong>of</strong> a minimum size<br />

compatible with the character <strong>of</strong> the property (plus a reasonable area, where required,<br />

for legal access purposes); or<br />

b) where the location <strong>of</strong> the existing homesite is such that the creation <strong>of</strong> a parcel<br />

encompassing the homesite would, in the ALC’s opinion, create potential difficulty for the<br />

agricultural operation or management <strong>of</strong> the remainder, the ALC may, as it deems<br />

appropriate, approve the creation <strong>of</strong> a parcel elsewhere on the subject property.<br />

5. The remainder <strong>of</strong> the subject property after severance <strong>of</strong> the homesite must be <strong>of</strong> a size and<br />

configuration that will, in the ALC’s opinion, constitute a suitable agricultural parcel. Where,<br />

in the ALC’s opinion, the remainder is <strong>of</strong> an unacceptable size or configuration from an<br />

agricultural perspective, there are three options:<br />

a) the ALC may deny the homesite severance;<br />

b) the ALC may require that the remainder be consolidated with an adjacent parcel; or<br />

Page 184 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

Agricultural Land Commission Application<br />

11-0472-F-ALR (Robert & Leslie Cooke) Page 5<br />

c) the ALC may require the registration <strong>of</strong> a covenant against the title <strong>of</strong> the remainder and<br />

such a covenant may prohibit the construction <strong>of</strong> dwellings.<br />

6. A condition <strong>of</strong> every homesite severance approved by the ALC shall be an order stipulating<br />

that the homesite is not to be resold for five years except in the case <strong>of</strong> estate settlements.<br />

7. Where a homesite severance application has been approved by the ALC, local governments<br />

are encouraged to handle the application in the same manner as an application under Sec.<br />

946 <strong>of</strong> the Local Government Act ins<strong>of</strong>ar as compliance with local bylaws is concerned.<br />

<strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Policy No. LU012 – Homesite Severance Policy<br />

The above noted Policy states that homesite severance subdivision applications to the ALC<br />

should be considered on their own merits and the <strong>Regional</strong> Board may abandon or depart from<br />

the following established guidelines based on these merits:<br />

1. Section 946 subdivisions within an ALR should not be authorized unless the subject<br />

property has been owned by the applicant prior to the enactment <strong>of</strong> the ALC Act on<br />

December 21, 1972. Owners who purchased their land after the Act came into effect should<br />

not have any expectations <strong>of</strong> approval <strong>of</strong> any subdivision <strong>of</strong> their land.<br />

2. Section 946 subdivisions should not be authorized where the property is owned by a limited<br />

company unless the company is owned by a family that resides on the subject property.<br />

3. Section 946 subdivisions within an ALR should be located on land where soils have a lower<br />

capability rating for agricultural uses; near existing small lots within the vicinity <strong>of</strong> the<br />

proposed subdivision; and not near existing intensive agricultural operations in the area.<br />

4. The density provisions <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> Zoning Bylaw should be respected whereby<br />

the remnant lot following a Section 946 subdivision should meet the minimum lot size<br />

standard <strong>of</strong> the zone in which the property is located and further, if the lot is classified as a<br />

farm for assessment and taxation purposes, the remnant lot should be at least 2 ha.<br />

5. The minimum lot size for a parcel being created should be 1 ha to reflect the minimum lot<br />

area requirement <strong>of</strong> the Ministry <strong>of</strong> Community, Aboriginal and Women’s Services applicable<br />

to lots serviced with on-site septic tank effluent disposal systems.<br />

6. Notwithstanding the minimum lot standard cited above, the maximum lot size for the parcel<br />

being created pursuant to Section 946 should be the smallest possible land area necessary<br />

to incorporate an existing residence; accessory residential buildings that are located in close<br />

proximity to the existing residence; and the access driveway, well and septic tank effluent<br />

disposal system servicing the existing residence. Larger, vacant lots may also be approved<br />

where necessary in order to provide a suitable building site meeting the setback, site<br />

coverage and site servicing requirements <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> Zoning and Subdivision<br />

Servicing Bylaws in force from time to time.<br />

7. Road dedication for widening an existing public road should be required across the entire<br />

frontage <strong>of</strong> the subject property, but should be the smallest possible land area necessary to<br />

satisfy the Ministry <strong>of</strong> Transportation requirements.<br />

8. If an application is not authorized, the applicant should be allowed to make representations<br />

to the <strong>Regional</strong> Board or Committee respecting matters contained in the application and the<br />

applicant should be afforded a reasonable opportunity to be heard or to present written<br />

submissions on matters contained in the application.<br />

Page 185 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

Agricultural Land Commission Application<br />

11-0472-F-ALR (Robert & Leslie Cooke) Page 6<br />

OFFICIAL COMMUNITY PLAN:<br />

The subject property is designated in the Electoral Area “F” Official Community Plan as Country<br />

Residential. The following Agricultural and Rural Residential Land Policies are to be considered<br />

when reviewing this application:<br />

Agricultural Policies<br />

1. All use and subdivision <strong>of</strong> agricultural land, except those exempted under Part 2 and Part 5<br />

respectively <strong>of</strong> the Agricultural Land Reserve Use, Subdivision and Procedure Regulation,<br />

B.C. Reg. 171/2002 shall be in accordance with the provisions <strong>of</strong> the Agricultural Land<br />

Commission Act, regulations thereto, and the orders <strong>of</strong> the Commission.<br />

2. Parcel sizes are to be consistent with the agricultural capability and productivity bearing in<br />

mind that land with lower capability and productivity requires larger acreage. However, this<br />

condition should not be used to build a case for exclusion <strong>of</strong> existing small parcels which are<br />

in agricultural use and have a capability for agriculture.<br />

3. Lands within the Agricultural Land Reserve shall be protected from conflict with nonagricultural<br />

use by a separation varying with the type and intensity <strong>of</strong> conflicting land use<br />

through adoption <strong>of</strong> appropriate setbacks and buffering within the non-agricultural areas, in<br />

which the recommendations <strong>of</strong> the Ministry <strong>of</strong> Agriculture and Lands shall be considered.<br />

4. Notwithstanding the minimum lot size standards and land use policies cited in this Plan or<br />

the <strong>Regional</strong> <strong>District</strong> Zoning Bylaw in force from time to time or any other policy or bylaw that<br />

has been adopted to guide decision-making, the <strong>Regional</strong> Board may, after due<br />

consideration, not authorize an application to the Commission if the proposed subdivision or<br />

use would have a negative impact on agricultural land or the farming community.<br />

5. Where a rural zone provides for the construction <strong>of</strong> more than one single family dwelling per<br />

lot, or provides for the construction <strong>of</strong> two family dwellings, then new development may be<br />

permitted without the provision <strong>of</strong> a water supply system provided that a covenant is<br />

registered on the title <strong>of</strong> the subject property to:<br />

a) require that each additional dwelling unit be provided with it’s own complete and<br />

separate groundwater well meeting the requirements <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> subdivision<br />

servicing bylaw in force from time to time, and the Drinking Water Protection Act and the<br />

Drinking Water Protection Regulation; or<br />

b) restrict development on any lot to only one single family dwelling unless and until a water<br />

supply system is constructed meeting the standards contained in the Drinking Water<br />

Protection Act and the Drinking Water Protection Regulation.<br />

Development Permit Areas<br />

The subject property is identified as being within a Development Permit Area for the Protection<br />

<strong>of</strong> the Natural Environment and for Protection <strong>of</strong> Development from Hazardous Conditions<br />

(Ashton Creek Alluvial Fan and Wildfire Interface Area). Issuance <strong>of</strong> Development Permit(s) in<br />

this regard will be required prior to subdivision approval and the proposal must be in compliance<br />

with the Area “F” OCP. Issuance <strong>of</strong> such Permits has been delegated to staff, and therefore<br />

does not require approval <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> Board <strong>of</strong> Directors.<br />

Page 186 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

Agricultural Land Commission Application<br />

11-0472-F-ALR (Robert & Leslie Cooke) Page 7<br />

ZONING BYLAW:<br />

The subject property is zoned Country Residential (C.R). Uses permitted in the C.R zone include<br />

accessory farm sales, ancillary single family dwellings, bed and breakfast use, boarding house use,<br />

community care facilities (subject to provincial legislation), fruit and produce pickers' cabins and work<br />

force housing units on lots 4 ha or larger, home occupations use, intensive agricultural use, limited<br />

agricultural use, limited resource use, manufactured homes, packing houses, public parks and<br />

playgrounds, veterinary clinics, wineries and cideries, single and two family dwellings, and accessory<br />

buildings and structures. The number <strong>of</strong> dwellings allowed per lot in the C.R. zone (relevant to<br />

this application) may not exceed:<br />

1. one single family dwelling or one two family dwelling or one manufactured home; and<br />

2. one additional single family dwelling on lots 4 ha or larger for lands located outside the ALR;<br />

and<br />

3. one ancillary single family dwelling on lands in and out <strong>of</strong> the ALR on lots 2 ha or larger in<br />

size.<br />

The minimum parcel size in the C.R. zone is 2.0 ha. A proposal for subdivision must meet<br />

minimum lot frontage, servicing, building site and private access driveway requirements.<br />

PLANNING ANALYSIS:<br />

Mr. Cooke states that the property has been in the Cooke family since 1902 when his<br />

grandfather William Cooke first purchased the property. In 1991 the property was passed on to<br />

Robert Cooke’s father, Edwin Cooke. In 1992 the title was transferred to Robert’s brother<br />

Gordon. In 1995 Robert Cooke and his wife Leslie purchased the property and have resided<br />

there ever since.<br />

Planning has concern that the length <strong>of</strong> ownership by Mr. Robert Cooke may not meet ALC<br />

policy since he has not continuously owned and occupied the property as his or her principal<br />

place <strong>of</strong> residence since December 21, 1972. Despite this, Planning suggests that the history <strong>of</strong><br />

the Cooke family ownership be noted and duly considered by the Board <strong>of</strong> Directors.<br />

Further to this, a previous subdivision <strong>of</strong> the property was approved under Section 996 <strong>of</strong> the<br />

Municipal Act (which is now known as Section 946 <strong>of</strong> the Local Government Act). The 1991<br />

subdivision divided the parcel to the south <strong>of</strong> Ashton Cooke Road from the subject property<br />

under plan KAP45812. ALC policy suggests that a once only severance is allowed. Although the<br />

plan indicates a ‘residence for a relative’ subdivision, it does not appear that the ALC made a<br />

resolution on the matter, perhaps as the area is outside <strong>of</strong> the ALR boundary.<br />

Under Section 802.5 <strong>of</strong> the Zoning Bylaw the proposal can be considered as a conventional<br />

subdivision as the proposed lot sizes would meet the 2.0 ha minimum parcel size for the<br />

Country Residential zone. Nonetheless, the proposed subdivision still requires the approval <strong>of</strong><br />

the ALC as all but 1.26 ha <strong>of</strong> the property is located in the ALR.<br />

The applicant has identified that Edwin Stream is a “swamp” area that cannot be drained and<br />

salvaged as it is the originating water source for four adjacent properties which have water<br />

rights to it. Planning suggests that development <strong>of</strong> that section <strong>of</strong> the property may be limited<br />

Page 187 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

Agricultural Land Commission Application<br />

11-0472-F-ALR (Robert & Leslie Cooke) Page 8<br />

due to the wetland and the proximity to the stream. The applicant is aware that Riparian Area<br />

Regulations may need to be contemplated by a Pr<strong>of</strong>essional. Planning further suggests that<br />

Edwin Stream acts as a buffering area between the neighbouring non-ALR lot and the subject<br />

properties current agricultural use.<br />

The Planning Department recommends that this application not be supported as it does not<br />

comply with the Agricultural Policies <strong>of</strong> the OCP which state that notwithstanding the minimum<br />

lot size standards cited in the Zoning Bylaw, the <strong>Regional</strong> Board may, after due consideration,<br />

not authorize an application to the ALC if the proposed subdivision would have a negative<br />

impact on agricultural land or the farming community. It is suggested that proposed subdivision<br />

would have such an impact as it may limit the agricultural capabilities <strong>of</strong> the subject property<br />

which in an unimproved state is rated as having the potential to support a restricted range <strong>of</strong><br />

crops and in an improved state, is rated as having the potential to produce a fairly wide range <strong>of</strong><br />

crops under good management practices. Overall, the size and soil characteristics <strong>of</strong> the<br />

property provide the potential for it to be used for limited agricultural purposes.<br />

Approval <strong>of</strong> the application could also set a precedent that would lead property owners to<br />

believe that agricultural parcels within the area can be subdivided, which in turn could lead to<br />

additional requests similar to the proposed application. Furthermore, the creation <strong>of</strong> smaller<br />

farm parcels in agricultural areas can affect the land values in the area by giving the impression<br />

that farm land can be used for speculative non-agricultural development. This results in artificial<br />

inflation <strong>of</strong> the value <strong>of</strong> agricultural land making it more difficult for farmers to purchase land.<br />

If the Board <strong>of</strong> Directors is <strong>of</strong> the opinion that the length <strong>of</strong> family ownership and other factors<br />

outweigh the potential consequences <strong>of</strong> the proposal, they may forward the application to the<br />

ALC for further consideration.<br />

SUMMARY:<br />

The subject application proposes to subdivide a 2.023 ha portion from the 21.46 ha property<br />

located at 69 Ashton Cooke Road for the purpose <strong>of</strong> creating either a homesite lot under<br />

Section 946 <strong>of</strong> the Local Government Act or a conventional Country Residential subdivision<br />

meeting the requirements <strong>of</strong> the Zoning Bylaw. Planning recommends that this application not<br />

be supported as does not comply with the Agricultural Policies <strong>of</strong> the Electoral Area “F” Official<br />

Community Plan, the Agricultural Land Commission Homesite Severance Policy and the<br />

<strong>Regional</strong> <strong>District</strong> Homesite Severance Policy.<br />

REFERRALS:<br />

The application has been referred to the following for their review and comment:<br />

1. Electoral Area ‘F’ Director<br />

2. Electoral Area ‘F’ Advisory Planning Commission<br />

3. Electoral Area Advisory Committee<br />

4. Ministry <strong>of</strong> Transportation and Infrastructure<br />

We have no objections to the subject application and further comments would be provided<br />

when/if this proceeds to a subdivision proposal.<br />

Page 188 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

Agricultural Land Commission Application<br />

11-0472-F-ALR (Robert & Leslie Cooke) Page 9<br />

5. Ministry <strong>of</strong> Forests, Lands and Natural Resource Operations (Environment)<br />

Ecosystems Section: This application may be subject to the Riparian Areas Regulation (RAR) if<br />

a stream is present on the property (Edwin Stream). If there is a stream, the proponent should<br />

be advised that a RAR Assessment is required for subdivision as defined in Section 872 <strong>of</strong> the<br />

Local Government Act. The assessment defines the required Streamside protection and<br />

Enhancement Area (SPEA) setback, which must be determined prior to subdivision. RAR<br />

assessments must be completed b a qualified environmental pr<strong>of</strong>essional (QEP) following the<br />

provincial RAR guidelines. For more information on RAR visit<br />

http://www.env.gov.bc.ca/habitat/fish_protection_act/riparian/riparian_areas.html. To ensure<br />

proposed activities are planned and carried out with minimal impacts to the environment and in<br />

compliance with all relevant legislation, the proponent and approving agency are advised to<br />

adhere to guidelines in the provincial best management practices document: Develop with Care:<br />

Environmental Guidelines for Urban & Rural Land Development<br />

(http://www.env.gov.bc.ca/wld/BMP/bmpintro.html).<br />

Water Allocation Section: If there is any work in and about a stream below the high water mark<br />

<strong>of</strong> any creeks in the area, the proponent will be required to submit an application for approval<br />

under Section 9 <strong>of</strong> the Water Act to Front Counter BC, and to obtain approval prior to<br />

undertaking works in about this stream. There are water licences located downstream <strong>of</strong> the<br />

proposed work therefore extra care must be taken to ensure no siltation or disturbances occur.<br />

Rights <strong>of</strong> all licences under the Water Act need to be protected. Please obtain a list <strong>of</strong> affected<br />

licences along with relevant information regarding the Water Allocation Section on<br />

www.eng.gov.bc.ca/wsd<br />

This area may be subject to flooding and erosion. Please contact your local government agency<br />

for their requirements. Development <strong>of</strong> the property should be consistent with provincial “Flood<br />

Hazard Area Land use Management Guidelines”. A copy <strong>of</strong> the guidelines is available on<br />

website: www.env.gov.bc.ca/wsd/public_safety/flood/pdgs_word/guidelines.pdf<br />

It is the proponent’s responsibility to ensure their activities are in compliance with all relevant<br />

legislation.<br />

6. Ministry <strong>of</strong> Agriculture<br />

The Ministry <strong>of</strong> Agriculture does not support this application to subdivide. Home site severance<br />

on ALR lands may only be considered by the Agricultural Land Commission where property<br />

under application has been the principal residence <strong>of</strong> the applicant as owner-occupant since<br />

December 21, 1972 and the applicant wishes to dispose <strong>of</strong> the parcel but retain a homesite on<br />

the land. The information provided in the land use application does not demonstrate fulfillment<br />

<strong>of</strong> the Agricultural Land Commissions policies, and cannot be supported by the Ministry <strong>of</strong><br />

Agriculture. However, it should be noted that in the event the applicant is eligible for<br />

consideration the Agricultural Land Commission Act, Homesite Severence on ALR Lands Policy<br />

#11 (2003) does state:<br />

Persons making use <strong>of</strong> this policy should understand clearly that:<br />

a. No one has an automatic right to a “homesite severance”;<br />

b. the Commission shall be the final arbiter as to whether a particular “homesite severance”<br />

meets good land use criteria;<br />

c. a prime concern <strong>of</strong> the Commission will always be to ensure that the “remainder” will<br />

constitute a suitable agricultural parcel.<br />

Page 189 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

Agricultural Land Commission Application<br />

11-0472-F-ALR (Robert & Leslie Cooke)<br />

Page 10<br />

Submitted by:<br />

Approved For Inclusion:<br />

Endorsed by:<br />

Rob Smailes, MCIP<br />

General Manager, Planning and Building<br />

Page 190 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

File:<br />

Applicant:<br />

Location:<br />

ELECTORAL AREA "F"<br />

AGRICULTURAL LAND COMMISSION APPLICATION<br />

SUBJECT PROPERTY MAP<br />

11-0472-F-ALR<br />

Robert & Leslie Cooke<br />

69 Ashton Cooke Road<br />

JO<br />

O(lCh<br />

c<br />

ROJ\Q<br />

~ A<br />

U


29712<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.4<br />

Page 192 <strong>of</strong> 232<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.5<br />

REGIONAL DISTRICT<br />

<strong>of</strong><br />

NORTH OKANAGAN<br />

PLANNING DEPARTMENT<br />

INFORMATION REPORT<br />

APPLICATION UNDER SECTION 20(3) OF THE<br />

AGRICULTURAL LAND COMMISSION ACT<br />

Date: November 17, 2011<br />

File No.:<br />

Applicant:<br />

11-0507-C-ALR<br />

Arlene Wiffen<br />

Legal Description: Lot 16, Sec 36, Twp 9, ODYD, Plan 411<br />

P.I.D.# 002-002-914<br />

Civic Address:<br />

Property Size:<br />

Servicing:<br />

1788 Francis Street<br />

3.88 ha<br />

Greater Vernon Water Utility and on-site septic sewage disposal<br />

Soil Classification: Class 4 and 5<br />

Zoning:<br />

O.C.P. Designation:<br />

Proposal:<br />

Country Residential (C.R)<br />

Agricultural<br />

Placement <strong>of</strong> fill to support farm uses on the property.<br />

PLANNING DEPARTMENT RECOMMENDATION:<br />

That the application to deposit fill under Section 20(3) <strong>of</strong> the Agricultural Land Commission Act<br />

on the property legally described as Lot 16, Sec 36, Twp 9, ODYD, Plan 411 and located at<br />

1788 Francis Street, Electoral Area ‘C’ be authorized for submission to the Agricultural Land<br />

Commission.<br />

BACKGROUND:<br />

This is an application under Section 20(3) <strong>of</strong> the Agricultural Land Commission (ALC) Act for the<br />

placement <strong>of</strong> fill on the property located at 1788 Francis Street. The owners <strong>of</strong> the subject<br />

property have placed fill over a 0.8 ha area <strong>of</strong> land on the subject property. The applicant has<br />

indicated that the fill has been deposited to increase the productivity <strong>of</strong> the land as it pertains to<br />

maintaining cattle. The subject property is located in the Agricultural Land Reserve (ALR) and<br />

as such, approval <strong>of</strong> the ALC is required.<br />

F:\3000-3699 LAND ADMIN\3063 AREA C\3063 - APPLICATIONS\ALR\2011\11-0507-C-ALR - WIFFEN\11-0507-C-ALR - WIFFEN<br />

- ALR Info Sheet.docx<br />

Page 193 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.5<br />

Agricultural Land Commission Application<br />

11-0507-C-ALR (Arlene Wiffen) Page 2<br />

Site Context<br />

The 3.88 ha subject property is located on the west side <strong>of</strong> Francis Street, just south <strong>of</strong> Hillview<br />

Elementary School and the Francis Street and Pottery Road intersection. The property is flat<br />

and has been cleared for agricultural use. The subject site is situated at a lower elevation,<br />

approximately one meter below the properties to the north (Hillview Elementary School) and<br />

west. The southerly portion <strong>of</strong> the subject property has been identified in the Sensitive<br />

Ecosystems Ranking as being part <strong>of</strong> a high value ecosystem corridor. A single family dwelling<br />

is located on the north east corner <strong>of</strong> the subject property. Access to the dwelling is gained<br />

from a driveway on the north east section <strong>of</strong> the property that connects to Francis Street.<br />

The subject and adjacent properties to the east and west are all located within the Agricultural<br />

Land Reserve (ALR), zoned Country Residential (C.R) and are designated in the Rural Vernon<br />

Official community Plan (OCP) as Agricultural. The property to the north <strong>of</strong> the subject site is<br />

currently zoned C.R, designated Public Institutional and is the current location <strong>of</strong> Hilllview<br />

Elementary School. The property to the south is located within the ALR, zoned Non-Urban<br />

(N.U) and designated as Agricultural.<br />

The following orthophoto (aerial photograph) <strong>of</strong> the subject and surrounding properties was<br />

taken in the year 2010. The area to the east <strong>of</strong> the hatched line is where the fill and topsoil<br />

have been spread and piled:<br />

The Proposal<br />

The applicant has deposited approximately 10,000 m 3 <strong>of</strong> sand, gravel, clay and topsoil over a<br />

portion <strong>of</strong> the property measuring 100 m by 80 m. The maximum depth <strong>of</strong> the fill is 2m. On<br />

Page 194 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.5<br />

Agricultural Land Commission Application<br />

11-0507-C-ALR (Arlene Wiffen) Page 3<br />

October 6, 2010 an Agricultural Land Commission Inspector notified the applicant that the<br />

deposition <strong>of</strong> soil/fill materials on lands within the ALR is not permitted, unless authorized by the<br />

ALC. The applicant has subsequently submitted this application to rectify the situation and<br />

obtain permission to deposit and disperse the remaining soil/fill on the subject site.<br />

The applicant has indicated that due to the high water table it became too difficult to hay the<br />

property. The applicant has since purchased cattle and has been utilising the property as<br />

pasture. According to the applicant the forage quality is an issue on the subject site, in addition<br />

the excess surface moisture has created problems with the cow’s hooves. The applicant<br />

brought fill in to raise the ground above the water table to improve the quality <strong>of</strong> the land as it<br />

pertains to pasture and maintaining cattle. Prior to depositing the fill the original top soil was<br />

removed and piled, the fill was spread and levelled, and the top soil was replaced. Currently<br />

there are a number <strong>of</strong> piles <strong>of</strong> fill and topsoil that are still proposed to be spread on the subject<br />

site.<br />

Agricultural Capability <strong>of</strong> the Subject Property<br />

The BC Land Inventory rates the land on the north east half <strong>of</strong> the subject property as Class 4<br />

with an improved rating <strong>of</strong> Class 2. The subclasses associated with these ratings are soil<br />

moisture deficiency and undesirable soil structure. The south west half <strong>of</strong> the subject property<br />

is rated 70% Class 5 and 30% Class 4 with an improved rating <strong>of</strong> Class 3. The subclasses<br />

associated with these ratings are soil moisture deficiency, excess water and low fertility.<br />

The BC Land Inventory agricultural capability classification system groups land into seven<br />

classes according to the land’s potential and limitations for agricultural use depending on soil<br />

and climate characteristics. Class 1 land is capable <strong>of</strong> producing the very widest range <strong>of</strong> crops<br />

whereas Class 7 land has no capability for soil bound agriculture. As the class numbers<br />

increase from Class 1 to 7, the range <strong>of</strong> crops decreases. Associated with each class is a<br />

subclass that identifies limitations or special management practices needed to improve the soil.<br />

The classification usually gives land two ratings: unimproved and improved. Unimproved ratings<br />

describe the land in its native condition. Improved ratings indicate the land’s potential once<br />

management practises have been implemented, such as irrigation, stone removal or drainage.<br />

Class 1 land either has no or only very slight limitations that restrict its use for the production <strong>of</strong><br />

common agricultural crops. Class 2 land is capable <strong>of</strong> producing a wide range <strong>of</strong> crops. Minor<br />

restrictions <strong>of</strong> soil or climate may reduce capability but post no major difficulties in management.<br />

Class 3 land is capable <strong>of</strong> producing a fairly wide range <strong>of</strong> crops under good management<br />

practices. Soil and or climate limitations are somewhat restrictive. Class 4 land is capable <strong>of</strong> a<br />

restricted range <strong>of</strong> crops. Soil and climate conditions require special management<br />

considerations. Class 5 land is capable <strong>of</strong> producing cultivated perennial forage crops and<br />

specially adapted crops. Soil and/or climate conditions severely limit capability. Class 6 land is<br />

considered to be important in its natural state as grazing land and cannot be cultivated due to<br />

soil and/or climate limitations. Class 7 lands have no capability for soil bound agriculture or<br />

sustained natural grazing.<br />

Page 195 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.5<br />

Agricultural Land Commission Application<br />

11-0507-C-ALR (Arlene Wiffen) Page 4<br />

AGRICULTURAL LAND COMMISSSION ACT:<br />

Section 20(1) <strong>of</strong> the ALC Act states that a person must not use agricultural land for a non-farm<br />

use unless permitted by the Act or the regulations. Section 20(2) <strong>of</strong> the Act states that the<br />

removal <strong>of</strong> soil and the placement <strong>of</strong> fill are non-farm uses, except as provided in the<br />

regulations. The regulation permits the placement <strong>of</strong> fill for the purpose <strong>of</strong> constructing<br />

greenhouses, farm buildings, aquaculture facilities, composting facilities and turf farms.<br />

RDNO staff contacted the ALC to determine the necessity for this application and it was<br />

confirmed that a Board resolution is required. In this case, the Board is not required to provide<br />

a recommendation <strong>of</strong> support or non-support, and simply should just resolve to forward the<br />

application to the ALC. ALC staff have indicated the placement <strong>of</strong> fill on ALR lands is the<br />

number one enforcement and compliance issue dealt with in the Fraser Valley, but the RDNO<br />

rarely receives these types <strong>of</strong> applications. As such, the RDNO does not currently have a<br />

service under Sections 723 and 797 <strong>of</strong> the Local Government Act to regulate the deposit and<br />

removal <strong>of</strong> soil. Even though the RDNO does not have authority in this matter, it is our<br />

responsibility to follow ALC protocol and process the application.<br />

OFFICIAL COMMUNITY PLAN:<br />

The Rural Vernon Official Community Plan (OCP) designates the subject property as<br />

Agricultural. The following relevant policies apply to this application:<br />

1. Lands designated as Agricultural are intended to be used for agricultural purposes and<br />

associated uses as allowed by the Agricultural Land Commission and the <strong>Regional</strong> <strong>District</strong>.<br />

2. All uses and subdivision <strong>of</strong> land within the ALR shall be in accordance with the “Agricultural<br />

Land Commission Act” regulations thereto or Orders and Policies <strong>of</strong> the Commission.<br />

3. Notwithstanding the minimum lot size standards and land use policies cited in this Plan or<br />

the Zoning Bylaw or any other policy or bylaw that has been adopted to guide decision<br />

making, the <strong>Regional</strong> Board may, after due consideration, not authorize an application to the<br />

Commission if the proposed subdivision or use would have a negative impact on agricultural<br />

land or the farming community.<br />

ZONING BYLAW:<br />

The subject property is zoned Country Residential (C.R). Uses permitted in the C.R zone<br />

include accessory farm sales, ancillary single family dwellings, bed and breakfast use, boarding<br />

house use, community care facilities, fruit and produce pickers' cabins and work force housing<br />

units on lots 4 ha or larger, home occupations use, intensive agricultural use, limited resource<br />

use, manufactured homes, packing houses, public parks and playgrounds, veterinary clinics,<br />

wineries and cideries, single and two family dwellings, and accessory buildings and structures.<br />

PLANNING ANALYSIS:<br />

The applicant has indicated the fill and topsoil have been deposited to improve the agricultural<br />

capability <strong>of</strong> the subject property. Based on the information submitted by the applicant the<br />

proposal is consistent with the Agricultural Policies <strong>of</strong> the Rural Vernon Official Community Plan<br />

and it appears that it would not have a negative impact on the agricultural use <strong>of</strong> the subject or<br />

surrounding properties. However, in discussions with ALC, staff noted that the <strong>Regional</strong> <strong>District</strong><br />

Page 196 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.5<br />

Agricultural Land Commission Application<br />

11-0507-C-ALR (Arlene Wiffen) Page 5<br />

does not currently have the ability to request hydrology assessments as it pertains to the impact<br />

<strong>of</strong> fill on the subject and surrounding properties and or an agrologist report to determine the fill’s<br />

soil composition. The ALC has indicated that they may require these reports in their review <strong>of</strong><br />

the application. If approved by the ALC, the proposal would also be consistent with the OCP<br />

Policy which states that lands designated as Agricultural are intended to be used for agricultural<br />

purposes and associated uses as allowed by the Agricultural Land Commission. The applicant<br />

has indicated that in areas where fill is still required the topsoil would be removed and stockpiled<br />

prior to placement; this would help to preserve the integrity <strong>of</strong> the soil. The Planning<br />

Department raises no objections to this application and recommends that it be forwarded to the<br />

ALC for their consideration.<br />

SUMMARY:<br />

This application requests permission from the ALC to place fill on the property located at 1788<br />

Francis Street. In an effort to improve the agricultural capability <strong>of</strong> the property the owners have<br />

placed fill and topsoil over a 0.8 ha area <strong>of</strong> land. It is recommended that the application be<br />

authorized for submission to the Agricultural Land Commission as the proposed use <strong>of</strong> the<br />

property is consistent with the Agricultural Policies <strong>of</strong> the Rural Vernon Official Community Plan.<br />

REFERRALS:<br />

The application has been referred to the following for their review and comment:<br />

1. Electoral Area ‘C’ Director<br />

2. Electoral Area ‘C’ Advisory Planning Commission<br />

3. Electoral Area Advisory Committee<br />

4. Ministry <strong>of</strong> Transportation and Infrastructure<br />

No comments received<br />

5. Ministry <strong>of</strong> Agriculture and Lands<br />

No comments received<br />

6. Ministry <strong>of</strong> Environment/ Ministry <strong>of</strong> Natural Resource Operations<br />

To ensure proposed activities are planned and carried out with minimal impacts tot he<br />

environment and in compliance with all relevant legislation, the proponent and approving<br />

agency are advised to adhere to guidelines in the provincial best management practices<br />

(BMP’s) document: Develop with Care: Environmental Guidelines for Urban & Rural<br />

Land Development. It is the proponent’s responsibility to ensure their activities are in<br />

compliance with all relevant legislation.<br />

____________________________________________________________________________<br />

Page 197 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.5<br />

Agricultural Land Commission Application<br />

11-0507-C-ALR (Arlene Wiffen)<br />

Page 6<br />

Submitted by:<br />

~~~<br />

Laura Frank, MA (Plan)<br />

Sustainability Coordinator<br />

Approved For Inclusion:<br />

Endorsed by:<br />

~<br />

Rob Smailes, MCIP<br />

General Manager, Planning and Building<br />

Page 198 <strong>of</strong> 232


ELECTORAL AREA "c"<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.5<br />

AGRICULTURAL LAND COMMISSION APPLICATION<br />

SUBJECT PROPERTY MAP<br />

File: 11-0507 -C-ALR<br />

Applicant: Arlene Wiffen<br />

Location: 14788 Francis Street<br />

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Page 199 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

REGIONAL DISTRICT<br />

<strong>of</strong><br />

NORTH OKANAGAN<br />

REPORT<br />

File No.: 3046.01.04<br />

TO:<br />

FROM:<br />

Electoral Area Advisory Committee<br />

Anna Page<br />

DATE: November 21 2011<br />

SUBJECT: Shuswap River Watershed Sustainability Plan<br />

RECOMMENDATION:<br />

That the report dated November 21, 2011 from the Sustainability Coordinator regarding the Shuswap<br />

River Watershed Sustainability Plan be received for information; and further<br />

That it be recommended to the Board <strong>of</strong> Directors that the Shuswap River Watershed Sustainability<br />

Plan Preliminary Issue Identification Paper be endorsed to inform Phase II <strong>of</strong> the planning process.<br />

DISCUSSION:<br />

Background<br />

The RDNO is coordinating the development <strong>of</strong> the Shuswap River Watershed Sustainability Plan<br />

(SRWSP). In 2010 the Board <strong>of</strong> Directors endorsed the Terms <strong>of</strong> Reference for the development <strong>of</strong><br />

the SRWSP and for its development to be funded from the Community Works Fund.<br />

The Terms <strong>of</strong> Reference outlines three phases for developing the SRWSP;<br />

<br />

<br />

<br />

Phase I – Visioning and Issue Identification<br />

Phase II – Plan Development<br />

Phase II – Implementation and Monitoring<br />

Phase I <strong>of</strong> the planning process began in late 2010 with a stakeholder workshop held in December<br />

and continued with public workshops held in June 2011. Phase I is now coming to conclusion and<br />

Phase II will begin with the community workshop – Sharing Our Experiences.<br />

Visioning and Issue Identification<br />

As discussed in the Shuswap River Watershed Sustainability Plan report to the EAAC dated<br />

September 13, 2011, staff has reviewed and analyzed the input received from the stakeholder and<br />

community workshops and developed a draft vision statement and an Issues Identification Paper.<br />

The following draft vision statement for the SRWSP will be presented at the Sharing Our Experiences<br />

workshop:<br />

Working together to sustain a healthy, resilient watershed where ecosystems are<br />

protected and restored and environmental and cultural values are respected. Through<br />

Page 200 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

Shuswap River Watershed Sustainability Plan<br />

Report to Electoral Area Advisory Committee – November 21 2011 Page 2<br />

the management <strong>of</strong> human activities, impacts on the watershed will be minimized,<br />

ensuring that wildlife, habitat and people thrive.<br />

The attached Preliminary Issue Identification Paper organizes the comments and input received from<br />

workshop participants into three broad themes:<br />

1. Protection <strong>of</strong> the Natural Environment;<br />

2. Recreation; and<br />

3. Process and Governance<br />

These themes will provide topic areas to shape policy and action development within the planning<br />

process.<br />

Sharing Our Experiences – Community Workshop<br />

The Shuswap River Watershed Sustainability Planning process has now moved into Phase II – Plan<br />

Development. To kick-start Phase II a community workshop titled Sharing Our Experiences is being<br />

held in Ashton Creek on November 26 th , 2011. This workshop is being used to;<br />

<br />

<br />

<br />

Share the results <strong>of</strong> Phase I - visioning and issue identification, including presentations on the<br />

Shuswap River Technical Assessment and the Lower Shuswap River and Mabel Lake<br />

Foreshore Mapping and Inventory<br />

Learn about the activities <strong>of</strong> groups already active within the watershed.<br />

Begin plan development through establishing guiding principles and working groups<br />

Working Groups<br />

Volunteers are being sought for working groups that will address the issue themes and comments that<br />

evolved from Phase I and provide recommendations on policy that will form the foundation <strong>of</strong> the<br />

SRWSP.<br />

As requested at the October 19 th , 2011 meeting <strong>of</strong> the Board <strong>of</strong> Directors staff has reviewed the cost<br />

<strong>of</strong> covering mileage and meal costs for working group members. Based on a “highest-cost” scenario<br />

the cost could be up to $20,000.00. The highest costs scenario includes 150km per person per<br />

meeting, 36 working group members and each working group meeting 5 times. These variables are<br />

all at the very high end <strong>of</strong> what is expected. Based on this cost estimate working group members will<br />

be provided with mileage reimbursement and meals for working group meetings.<br />

Table 1 shows expenditure on the SRWSP as <strong>of</strong> November 2011 including estimates <strong>of</strong> expenditure<br />

for the Sharing Our Experiences workshop. Expenditure to date is $122,937.93 which includes staff<br />

time, just under 50% <strong>of</strong> the total budget.<br />

When the Board <strong>of</strong> Directors approved the use <strong>of</strong> Community Works Funds for the development <strong>of</strong> the<br />

SRWSP in November 2010 the resolution was as follows;<br />

That the Shuswap River Watershed Sustainability Plan be funded from the Community Works<br />

Fund at a cost <strong>of</strong> $250,000.00 with the potential for an additional $50,000.00 being sought<br />

after phase one is complete;<br />

Phase I is now complete and given that expenditure to date accounts for almost half <strong>of</strong> the budget it is<br />

likely that the additional $50,000.00 will be required for the completion <strong>of</strong> Phase II, Plan Development<br />

and Phase III Implementation and Monitoring. These phases will include significant staff time, costs<br />

associated with the working groups and potentially external contracts to address information gaps<br />

Page 201 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

Shuswap River Watershed Sustainability Plan<br />

Report to Electoral Area Advisory Committee – November 21 2011 Page 3<br />

indentified in the Technical Assessment and through the working groups. Staff will regularly review<br />

expenditure on the SRWSP and reassess whether the additional $50,000.00 is required by end <strong>of</strong><br />

second quarter, 2012.<br />

SRWSP Budget and Expenditure 2011<br />

Mileage $69.44<br />

Meeting/workshop costs $1,249.33<br />

Logo development $722.40<br />

Advertising $1,800.00<br />

Expenses $45.90<br />

Contract Services $61,597.00<br />

Lower Shuswap River WQ Monitoring $17,848.00<br />

TOTAL EXPENSES INCURRED TO DATE $83,332.07<br />

Staff Time $39,605.86<br />

Community Works Fund Tier 2 $250,000.00<br />

TOTAL EXPENDITURE TO DATE $122,937.93<br />

TOTAL GRANT AMOUNT REMAINING FOR SRWSP $127,062.07<br />

Table 1. SRWSP Budget Expenditure<br />

Technical Assessment<br />

The Shuswap River Technical Assessment is currently in draft form and has been referred to<br />

members <strong>of</strong> the Technical Advisory Committee for review. Once comments from this committee<br />

have been received and integrated into the document the Technical Assessment will be presented to<br />

the EAAC. This will likely occur in the early New Year.<br />

SUMMARY<br />

Phase I <strong>of</strong> the development <strong>of</strong> the SRWSP is now complete and Phase II will be kicked-<strong>of</strong>f at the<br />

Sharing Our Experiences Community Workshop on November 26 th , 2011 Phase II, Plan<br />

Development, will be driven by working groups addressing the issues identified in Phase I and<br />

outlined in the Preliminary Issue Identification paper attached for endorsement. Expenditure to date<br />

is approximately 50% <strong>of</strong> the budget. It is likely that the additional $50,000.00 identified in the original<br />

Board <strong>of</strong> Directors resolution to fund the SRWSP will be required to complete the planning process.<br />

Page 202 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

Shuswap River Watershed Sustainability Plan<br />

Report to Electoral Area Advisory Committee - November 21 2011 Page 4<br />

Submitted by:<br />

Anna Page:8uslainabilily Coo~<br />

Approved For Inclusion:<br />

Endorsed by:<br />

Rob Smailes. MCIP<br />

General Manager, Planning and Building<br />

Page 203 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

Shuswap River Watershed Sustainability Plan<br />

Preliminary Issue Identification Paper<br />

The <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> (RDNO) has committed to facilitate the development <strong>of</strong> a<br />

watershed sustainability plan for the Shuswap River. The decision to undertake such a planning<br />

process was prompted by the recognition that the current convergence <strong>of</strong> uses, values and pressures,<br />

on the Shuswap River could compromise the integrity <strong>of</strong> the watershed. Residents in local communities<br />

are conscious <strong>of</strong> this situation and have expressed concerns to the Board <strong>of</strong> Directors, the City <strong>of</strong><br />

Enderby and regional planning staff with regard to a range <strong>of</strong> issues along the Shuswap River including<br />

impacts <strong>of</strong> recreational use, impacts <strong>of</strong> adjacent land uses, water quality concerns and ecosystem<br />

health.<br />

The purpose <strong>of</strong> the Shuswap River watershed sustainability planning process is to:<br />

1) Create a common long-term vision for the management <strong>of</strong> the Shuswap River Watershed<br />

(which includes its tributaries) that all stakeholders and community members agree to and<br />

strive to achieve.<br />

2) Create a comprehensive plan that will guide agencies and the community in decision<br />

making with regard to land and water planning within the Shuswap River Watershed.<br />

Phase I <strong>of</strong> the process to develop the Shuswap River Watershed Sustainability Plan (SRWSP) has<br />

focused on developing a vision for the Shuswap River Watershed, identification <strong>of</strong> issues to be<br />

addressed during the planning process and determining the current condition <strong>of</strong> the watershed.<br />

Visioning and issue identification has been undertaken through stakeholder and public engagement<br />

during a stakeholder workshop held in December 2010 and two public workshops held in June 2011.<br />

Surveys were also distributed at the public workshops and have been available on-line.<br />

The condition <strong>of</strong> the Shuswap River Watershed has been assessed through two technical exercises,<br />

the Shuswap River Technical Assessment undertaken by Golder Associates with an emphasis on water<br />

quality, water quantity and riparian health, and the Lower Shuswap River and Mabel Lake Inventory,<br />

Mapping and Aquatic Habitat Index undertaken by Ecoscape Environmental Consultants Ltd. Both <strong>of</strong><br />

these exercises have contributed to the issue identification process and will inform how issues are<br />

addressed in Phase II <strong>of</strong> the planning process – Plan Development.<br />

Stakeholder and Public Engagement<br />

27 organizations were represented at the December 2010 Stakeholders workshop including<br />

environmental groups, community associations, federal, provincial and local government and first<br />

nations.<br />

Page 204 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

The June 2011 public workshops were held in Ashton Creek in the northern part <strong>of</strong> the watershed and<br />

in Lumby in the south. Over 76 people attended the two workshops and surveys and written<br />

comments have been received from 16 individuals.<br />

Draft Vision Statement<br />

A vision statement for the SRWSP describes the collective desired future state <strong>of</strong> the Shuswap River<br />

Watershed. It provides guidance for all components <strong>of</strong> the planning process and the plan itself. The<br />

development <strong>of</strong> the vision statement is an on-going process and to date has been informed through the<br />

public and stakeholder engagement process. An initial vision statement was developed after the<br />

stakeholders’ workshop in December, 2010 based on the feedback received during a visioning<br />

exercise. This draft statement was presented at the public workshops and in the survey and<br />

participants were asked to indicate if they felt it required changes and/or additions. The feedback<br />

received during this part <strong>of</strong> the process was then used to edit the original version and generate the<br />

following vision statement for the SRWSP.<br />

Working together to sustain a healthy, resilient watershed where ecosystems are<br />

protected and restored and environmental and cultural values are respected. Through<br />

the management <strong>of</strong> human activities, impacts on the watershed will be minimized,<br />

ensuring that wildlife, habitat and people thrive.<br />

Review and endorsement <strong>of</strong> this version will be sought during the initial stage <strong>of</strong> Phase II <strong>of</strong> the<br />

planning process.<br />

Issue Identification<br />

Exercises undertaken at the workshops were designed to inform the issue identification process. In all<br />

three workshops and within the survey, comments were sought in two categories;<br />

1. Identification <strong>of</strong> areas <strong>of</strong> interest and importance<br />

2. Identification <strong>of</strong> areas <strong>of</strong> concern<br />

Over 150 comments were received specifically addressing these categories. The issues identified were<br />

broad in range but they can be grouped into three general themes;<br />

1. The natural environment<br />

2. Recreation<br />

3. Process and governance<br />

Each <strong>of</strong> these themes can then be organized into a number <strong>of</strong> sub-themes as shown in figure 1.<br />

The comments received have been organized into themes to provide topic areas to shape policy and<br />

action development within the planning process. It is recognized that the issues are frequently<br />

interconnected, and therefore will need to be addressed in an integrated manner within the planning<br />

process. There is also a geographic element to the issues with some being specific to certain parts <strong>of</strong><br />

the watershed and others applying watershed wide. Policy development will need to account for<br />

geographic scope to reflect the nature <strong>of</strong> the issues identified.<br />

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December 8, 2011 - Item F.6<br />

Ecosystem<br />

Natural<br />

Environment<br />

Habitat<br />

Watershed Management<br />

Salmon<br />

Riparian<br />

Water Quality<br />

Recreation<br />

Impacts<br />

Management<br />

Process and<br />

Governance<br />

Plan development and<br />

implementation<br />

Engagement and<br />

participation <strong>of</strong> various<br />

levels <strong>of</strong> government<br />

Figure 1: SRWSP Issue Themes as Emerged from the Stakeholder and Public Workshops<br />

During the workshops participants were asked to identify areas <strong>of</strong> importance and specific geographic<br />

concerns on large maps <strong>of</strong> the Shuswap River watershed. This exercise has provided a geographic<br />

reference for a number <strong>of</strong> the issues raised. All the maps from the workshops have been<br />

amalgamated into two master maps, one for the stakeholder workshop and one for the public<br />

workshops (Appendix 1). The comments generally fall into the natural environment and recreation<br />

themes and provide specific locations where issues are known to be evident.<br />

In the discussion <strong>of</strong> the issue themes that follow relevant results from the Shuswap River Technical<br />

Assessment and the Lower Shuswap and Mabel Lake Inventory and Mapping work will be included<br />

where appropriate.<br />

The Natural Environment<br />

Analysis <strong>of</strong> the comments received during the issue identification phase indicates that protection and<br />

restoration <strong>of</strong> the natural environment within the Shuswap River Watershed is <strong>of</strong> paramount concern.<br />

Concerns were raised regarding degradation <strong>of</strong> habitat, protection <strong>of</strong> overall watershed health and<br />

impacts on water quality. The majority <strong>of</strong> the comments relate to the impacts that land and water uses<br />

are having on the watershed and that management <strong>of</strong> these activities needs to give priority to<br />

protecting the integrity <strong>of</strong> the natural environment.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

Habitat<br />

Maintenance <strong>of</strong> ecosystem health and prioritizing it above all other considerations in management<br />

decisions was a strong theme within the comments. Participants were concerned about impacts on<br />

wildlife habitat throughout the watershed from upland areas being impacted by logging practices to<br />

aquatic habitats being compromised due to adjoining land use practices and activities on the river itself.<br />

The significance <strong>of</strong> the Shuswap River Watershed as a salmon fishery was illustrated through the<br />

comments <strong>of</strong> many participants. Comments referenced the value <strong>of</strong> salmon to the entire ecosystem as<br />

well as concerns regarding damage to spawning habitat and the impediment to fish passage at Wilsey<br />

Dam. Actions to protect and restore salmon spawning habitat were identified as critical in the on-going<br />

management <strong>of</strong> the watershed.<br />

Protection and restoration <strong>of</strong> riparian areas, the areas bordering streams, rivers, lakes, and wetlands<br />

that link water to land, was another strong theme within the comments received. Concern was<br />

expressed relating to loss <strong>of</strong> vegetation and bank damage in riparian areas due to development on<br />

adjoining lands, cattle access and erosion caused by motorized boat traffic.<br />

Riparian health and identification <strong>of</strong> sites for restoration was a key component <strong>of</strong> the two technical<br />

assessments that have been undertaken within the watershed. Orthophoto interpretation <strong>of</strong> the state<br />

<strong>of</strong> riparian areas was conducted on the Upper and Middle Shuswap River by Golder as a part <strong>of</strong> the<br />

Shuswap River Technical Assessment and a very detailed inventory <strong>of</strong> riparian areas was undertaken<br />

on the Lower Shuswap River and Mabel Lake by Ecoscape. These two assessments have provided a<br />

list <strong>of</strong> priority sites for restoration in the case <strong>of</strong> the Lower Shuswap River, and a list <strong>of</strong> sites to be<br />

ground-truthed in the Middle and Upper Shuswap River. The assessments have found that the<br />

condition <strong>of</strong> riparian areas <strong>of</strong> the Shuswap River varies in level and source <strong>of</strong> impact between the<br />

upper, middle, and lower sections <strong>of</strong> the river.<br />

The health <strong>of</strong> riparian areas is strongly linked to the quality <strong>of</strong> salmon habitat. Vegetated riparian areas<br />

play a significant role in maintaining water temperature, providing large woody debris and ensuring river<br />

banks remain intact, all <strong>of</strong> which are important for salmon spawning habitat. Loss <strong>of</strong> vegetation in<br />

riparian areas increases the vulnerability <strong>of</strong> banks to erosion which in turn can lead to sedimentation,<br />

affecting water quality and the condition <strong>of</strong> spawning areas. Areas <strong>of</strong> high value spawning habitat were<br />

identified on the watershed maps by workshop participants as were areas with compromised riparian<br />

zones and significant bank erosion. The Lower Shuswap was repetitively identified as having significant<br />

bank erosion and riparian damage.<br />

Watershed Management<br />

The comments made in relation to watershed management were general in nature identifying<br />

watershed wide concerns with regard to the environmental impacts <strong>of</strong> land uses, lack <strong>of</strong> appropriate<br />

management and controls and identifying the Shuswap River as the “ecological heart” <strong>of</strong> the region.<br />

The need to manage the watershed in a sustainable manner was imbedded in this theme. It is the<br />

purpose <strong>of</strong> the Shuswap River Watershed Sustainability planning process to do just that, to provide a<br />

policy framework within which to implement sustainable management <strong>of</strong> the watershed.<br />

Water Quality<br />

Water quality in the Shuswap River and its tributaries featured significantly in the comments received.<br />

Comments referred to the need to protect water quality in general as well as identifying particular<br />

activities and point sources <strong>of</strong> concern. These included emergency dumping <strong>of</strong> sewerage, pesticides,<br />

manure management, failure <strong>of</strong> septic systems, pharmaceuticals and toxins, storm water run-<strong>of</strong>f and<br />

sedimentation caused by erosion to river and stream banks. Land use activities within the catchment<br />

including logging, agriculture and industrial businesses were also connected to water quality concerns.<br />

Specific point sources <strong>of</strong> potential water pollution were identified on the watershed maps (Appendix 1).<br />

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December 8, 2011 - Item F.6<br />

Gaining an understanding <strong>of</strong> the current quality <strong>of</strong> the water throughout the Shuswap River watershed<br />

is a detailed and potentially costly process. However, some information already exists and on-going<br />

monitoring is being undertaken at a number <strong>of</strong> points within the system by community groups and<br />

government agencies. The Shuswap River Technical Assessment included a high level review <strong>of</strong><br />

existing water quality data based on data presented in historical monitoring reports. The review<br />

identified that the overall water quality <strong>of</strong> the Shuswap River Watershed is considered “good,” however<br />

water quality impacts have been observed for nutrients and microbial parameters predominantly<br />

attributed to human activities.<br />

A preliminary risk assessment was also conducted for the Shuswap River Watershed as a part <strong>of</strong> the<br />

Technical Assessment. As a result potential areas <strong>of</strong> concern were identified and mapped, largely<br />

related to intensive agriculture, waste management and wastewater treatment, and industry found<br />

within the Middle and Lower Shuswap River Watersheds.<br />

Water Quantity<br />

Linked to the theme <strong>of</strong> protection <strong>of</strong> the natural environment is water quantity. Although water<br />

quantity was not directly raised within the comments received from the workshops and survey it relates<br />

directly to in-stream habitat and water quality. Water quantity was one <strong>of</strong> the three focus areas <strong>of</strong> the<br />

Shuswap River Technical Assessment.<br />

It was concluded within the Shuswap River Technical Assessment that overall surface water use does<br />

not appear to be an issue relative to flow; however, summer use is up to 2.5 times higher than the<br />

annual use due to agricultural and domestic irrigation, and summer flows are much lower. As such,<br />

water use in late summer and early fall has the ability to significantly reduce in-stream flows especially<br />

in some tributary streams <strong>of</strong> the Shuswap River Watershed. This is further compounded by a trend <strong>of</strong><br />

lower summer flows over the last 30 years attributed to climate change.<br />

Recreation<br />

Recreation was a very strong theme within the comments which included concerns regarding the<br />

impacts recreational activities are having on the natural environment, conflict between different users,<br />

maintenance <strong>of</strong> access and recommendations for management.<br />

Impacts <strong>of</strong> Recreation<br />

Concern was expressed primarily with respect to use <strong>of</strong> motorized vehicles within the watershed,<br />

including boats, personal water crafts, ATVs and snowmobiles and the impacts they can have on<br />

riparian areas, wetlands and in-stream habitats. Damage is connected to driving directly on or in<br />

sensitive areas or through associated impacts such as erosion <strong>of</strong> river banks caused by wave action<br />

from motor boat wakes.<br />

The erosive effect that boat wakes may be having on riparian areas was identified as a concern in both<br />

the Shuswap River Technical Assessment and the Inventory and Mapping report primarily where there<br />

was already a loss <strong>of</strong> vegetation.<br />

Conflict between different recreational uses was identified as a concern specifically between motor<br />

boats and swimmers, tubers, canoeists and kayakers. There is concern that collisions between<br />

motorized and non-motorized users are imminent given the speed at which some boats are being<br />

driven and the number <strong>of</strong> other users <strong>of</strong> the river.<br />

Observations from residents within the watershed would suggest that recreational use <strong>of</strong> the Shuswap<br />

River has increased in recent years especially in terms <strong>of</strong> number <strong>of</strong> motorized boats and people<br />

“tubing” on the lower stretches <strong>of</strong> the river. The increase in numbers <strong>of</strong> recreational users increases<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

any impacts they cause on the natural environment and the potential for conflict between different<br />

users.<br />

The themes identified regarding recreation within the watershed link into the themes discussed earlier<br />

with respect to the natural environment, illustrating the interconnected nature <strong>of</strong> the issues.<br />

Recreational activities are perceived to be having an impact on the natural environment especially with<br />

regard to habitat degradation and water quality. Loss <strong>of</strong> vegetation in riparian areas due to land use<br />

activities renders river banks vulnerable to erosion caused by wave action from motor boat wakes,<br />

undermining banks and potentially leading to more loss <strong>of</strong> vegetation. Erosion caused by motorized<br />

vehicles, be it in riparian or upland areas, leads to an increase in sediment in the system which can<br />

smother fish spawning habitat and aquatic vegetation and decrease water quality. Nutrients and<br />

pollutants can be transported into the waterway attached to the sediment particles, also having a<br />

negative impact on water quality.<br />

Recreation Management<br />

Policy development will need to reflect the relationship between human activities, including recreation,<br />

and the natural environment. This was reflected in the sub-theme <strong>of</strong> recreational management.<br />

Comments included both a desire for restrictions on activities to reduce or eliminate impacts on the<br />

environment and potential conflicts between users, and an interest in maintaining access for<br />

recreational activities within the catchment. These two themes speak to the balance that policy will<br />

need to achieve, protecting the natural environment and the safety <strong>of</strong> users while still providing for<br />

recreational opportunities.<br />

Process and Governance<br />

The third general theme that comments fell into was process and governance. Participants expressed<br />

significant frustration at the perceived lack <strong>of</strong> coordination between government agencies with regard to<br />

management <strong>of</strong> the Shuswap Watershed and lack <strong>of</strong> understanding <strong>of</strong> each other’s roles. This<br />

sentiment is emphasized by the absence <strong>of</strong> a lead agency or single authority with regard to<br />

management <strong>of</strong> the river. Participation by all relevant agencies in the planning process for the SRWSP<br />

was identified as critical to the success <strong>of</strong> the project but participants exhibited a general lack <strong>of</strong><br />

confidence in the ability <strong>of</strong> RDNO to facilitate such participation. It was also suggested that the<br />

planning process appeared to be very bureaucratic and that there needed to be more involvement <strong>of</strong><br />

the community at a grass roots level.<br />

It is intended that the SRWSP will be an integrated plan with involvement from the community, relevant<br />

agencies, community groups and first nations in its development and implementation. The intent and<br />

design <strong>of</strong> the process to develop the SRWSP is to allow for a bottom up, not top down approach to plan<br />

development. The process has been designed in a manner to facilitate this with opportunity for<br />

involvement from the community and stakeholders in the identification <strong>of</strong> issues, the development <strong>of</strong><br />

policy and in implementation. Phase 1 – Issue Identification, has primarily been informed by the<br />

stakeholder and public workshops. The outcomes <strong>of</strong> the technical assessment and the mapping work<br />

currently being undertaken will add to and reinforce the outputs <strong>of</strong> the workshops and inform policy<br />

development.<br />

Stakeholder and community involvement will continue in Phase II <strong>of</strong> the planning process – Plan<br />

Development. The development <strong>of</strong> policy and short and long-term objectives and strategies will be<br />

informed by working groups populated by interested volunteers from the community and stakeholder<br />

representatives. The outputs <strong>of</strong> the working groups will be open for review and input by the community<br />

and stakeholders. Phase III <strong>of</strong> the plan development – Implementation will likely involve multiple<br />

agencies, community groups and individuals.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

Priority Setting<br />

At the public workshops participants were given stickers to place against issues that they felt were a<br />

priority for the SRWSP to address. This exercise will not exclusively drive which issues will be given<br />

highest priority, but does provide some guidance to the issues <strong>of</strong> greatest concern. The ten comments<br />

that received the most stickers were as follows:<br />

Issue<br />

# Stickers<br />

Impacts from house boats and speed boats 32<br />

Agricultural practices (pesticide use and manure management and impacts <strong>of</strong><br />

run-<strong>of</strong>f)<br />

32<br />

Preserve and protect water quality 18<br />

Maintaining good water quality and clarity 18<br />

Spawning areas/habitat 17<br />

Sustainability <strong>of</strong> watershed 14<br />

Erosion 11<br />

Intensification <strong>of</strong> water based recreation activities (Lower Shuswap) 11<br />

Failure <strong>of</strong> septic systems 10<br />

Critical spawning habitat 10<br />

These ten comments speak primarily to concerns regarding the impacts human activities are having on<br />

the natural environment and a desire to manage the watershed in a sustainable manner.<br />

Next Steps<br />

The results <strong>of</strong> Phase I <strong>of</strong> the planning process Visioning and Issue Identification will be presented to the<br />

community at the Sharing Our Experiences workshop in November 2011 along with the results <strong>of</strong> the<br />

Shuswap River Technical Assessment and the Lower Shuswap River and Mabel Lake Inventory,<br />

Mapping and Aquatic Habitat Index. All three pieces <strong>of</strong> work will inform Phase II – Plan Development<br />

and establish themes for the working groups to address through policy development.<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

Appendix 1<br />

SRWSP Workshop Watershed Maps<br />

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SRWSP Public Workshops<br />

June 21st and 22nd 2011<br />

Mapping Exercise Master<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

Mara Lake power boats,<br />

pollution (noise and environmental),<br />

development, houseboats<br />

Trailer Court<br />

Bank erosion<br />

Cattle in river<br />

Dock is a hazard to<br />

navigation at corner.<br />

The lake type design is not<br />

suitable for the river environment<br />

River Hygene!!!<br />

Erosion from<br />

cattle in river<br />

<strong>North</strong> Enderby timber<br />

mill - pipe coming from<br />

mill property comes out <strong>of</strong><br />

bank, run out goes directly<br />

into river.<br />

- Valleywide meats abatoir waste - making its way onto<br />

neighbourhood properties - is it going into river as<br />

well? Whole area is a flood plain - proposed <strong>of</strong>fal<br />

incenerator again on floodplain.<br />

- Livestock getting loose (e.g. fallow deer)<br />

and interacting with native deer and possibility<br />

<strong>of</strong> disease (same as invasive weeds but worse).<br />

- Riverbend slaughter valley wide meats.<br />

Close Enderby<br />

boat launch<br />

- Enderby sewer inflow<br />

- Enderby sewer partially<br />

treated sewer output Old dumpsite @<br />

- Population <strong>of</strong> Enderby 200m past Brash<br />

Allen Road needs<br />

soil testing<br />

- Untreated sewerage<br />

into creek<br />

- Lumby sewer needs huge upgrade<br />

to spray irrigation away from watershed<br />

(east <strong>of</strong> Lumby)<br />

- Lumby sewerage “emergency”<br />

dumps into bassette creek<br />

VSB Lumby<br />

Bank by BC Hydro<br />

lines eroding badly<br />

Concern <strong>of</strong> number <strong>of</strong><br />

and speed <strong>of</strong> speed boats<br />

No boats<br />

Spawning<br />

habitat<br />

Provincial park<br />

(extra protection<br />

required)<br />

Max setbacks 90m? on<br />

sensitive habitat zones<br />

i.e. spawning/holding/rearing<br />

Too many<br />

floaters Septic field on Bank erosion<br />

flood plain<br />

Lack <strong>of</strong> riparian vegetation<br />

Boating through spawning<br />

between farms and animals<br />

ground and tributaries<br />

and river<br />

Fish habitat<br />

Park mountain community<br />

watershed , NORD commision<br />

No jet boats<br />

No fishing through<br />

private land<br />

Agriculture<br />

pollution<br />

USB for<br />

Mabel Lake Hall<br />

Min water<br />

flows Bassette Creek<br />

low flows/aggradation<br />

between Horner and Whitevale<br />

- Wilsey Dam<br />

fish passage<br />

- No fish ladder<br />

- Fish ladder needed<br />

Creighton Creek low flows<br />

Creighton Creek<br />

excessive bedload causes<br />

flood <strong>of</strong> our fields<br />

Overuse <strong>of</strong><br />

fresh water<br />

Houseboat<br />

effluent<br />

Septic systems <strong>of</strong><br />

Kingfisher cabins<br />

South Mabel Lake<br />

Community Watershed<br />

Logging<br />

Biggs Creek Bears and other wildlife<br />

coyotes<br />

Bats<br />

Grizzly<br />

Protect spawning habitat<br />

Wildlife habitat<br />

Rubber boa, eagles,<br />

hawks, frogs, clams<br />

Cattle at river<br />

Pristine river<br />

Screech owl<br />

Creighton Valley community watershed<br />

as a NORD commision <strong>of</strong> local residents<br />

Water samples failed<br />

our private test in 2010<br />

Restrict size<br />

<strong>of</strong> development<br />

Vegetated sand beds<br />

- No woodlot above to remediate shoreline<br />

Biggs Creek<br />

pollution. Affects salmon<br />

- A wood lot above Biggs Creek, Why?<br />

Flood control<br />

- Resort sewerage system<br />

- Treatment plant effluent<br />

Ryder creek serious<br />

washout - clay<br />

land erosion<br />

Creek very unstable -<br />

indescriminate logging<br />

- debris<br />

Flood control<br />

Spallumcheen River<br />

Community watershed<br />

potatoe ridge<br />

Water monitoring<br />

Controls watertable<br />

for domestic wells<br />

Cattle<br />

Needs boat and motor<br />

size restrictiond. ATV<br />

activity in spring very bad.<br />

Province needs more staff on<br />

the ground<br />

Flood<br />

control<br />

Diversion from<br />

McAuley and tribs<br />

during peak irrigation<br />

Source: Working maps from tables at public workshops<br />

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SRWSP Stakeholders Workshop<br />

December 2nd 2010<br />

Mapping Exercise Master<br />

EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.6<br />

ATV damage - Rosemund Lake<br />

Fortune Creek<br />

low flow/high<br />

temp<br />

Rich wildlife area<br />

in the river delta<br />

- Noise and pollution and river bank<br />

FN<br />

erosion due to power boat use<br />

Grad parties<br />

- Boat stream bank erosion lower<br />

Shuswap River<br />

No objective basis for describing river health<br />

- Environment concern<br />

Boats and speed <strong>of</strong><br />

Erosion - ATVs, jet boats/speed boats<br />

Development<br />

mud boggers. Need restrictions on use<br />

Grindrod intake<br />

Private lots<br />

Streams have lost riparian values<br />

Mabel Lake<br />

Archeologically<br />

- cows with access to streams<br />

intake<br />

significant sites<br />

Lack <strong>of</strong> riparian vegetation and agriculture<br />

Agric. run-<strong>of</strong>f, cattle<br />

Recreation<br />

Lease land for ag.<br />

Agricultural practices - pest etc<br />

Fishing/Hunting<br />

Erosion, boating speed, tubing (high use) Kingsfisher Interpretive<br />

Erosion <strong>of</strong> BC Hydro Erosion <strong>of</strong> BC<br />

Centre<br />

High power boat usage<br />

1 m missing<br />

Hydro crossings<br />

DW intake<br />

Erosion problems<br />

Tubing from Trinity<br />

(high use)<br />

Houseboats<br />

Intensification <strong>of</strong> agriculture<br />

along river particularly dairy<br />

farming - pesticides, fertilizers, manure<br />

Car bodies<br />

High value spawning habitat<br />

Septic systems?<br />

Trinity Creek<br />

Extractions -<br />

low flow/high temps<br />

Recreational vehicles in<br />

higher watershed areas<br />

Critical spawning<br />

habitat<br />

Forestry concerns - Environment such as<br />

pine beetle effects, land erosion etc.<br />

Quads<br />

Snowmobiles<br />

Monashee Powder<br />

Prevent further<br />

development on whole lake<br />

Good wq<br />

and clarity<br />

Protection <strong>of</strong> the source<br />

(and all lower sources<br />

tributaties/creeks on river)<br />

Cows<br />

Cows<br />

Pristine<br />

Headwaters lost Salmon (?)<br />

Private lots<br />

Septic systems?<br />

Development<br />

Boating Issues<br />

- riparian damage<br />

with the larger boats<br />

Fishing<br />

Silver Star<br />

*<br />

- Sewerage going down<br />

creeks into Shuswap River<br />

- Silver Star pollution<br />

- Septic System<br />

- Sewerage treatment plant discharge (?)<br />

Bassette Creek<br />

- Effluent adding nutrients<br />

Septics<br />

Cattle<br />

Cattle<br />

Motor boats harming<br />

shore habitat, wildlife<br />

Cattle<br />

Critical spawning<br />

habitat<br />

Wilsey Dam (fish ladder)<br />

Fish barrier<br />

boats and helicopters<br />

damaging salmon<br />

spawning grounds<br />

Hydro (selling?)<br />

Development<br />

Hydro (selling?)<br />

Development Sugar Lake<br />

Development<br />

Dam<br />

Sewerage from sugar<br />

Brenda Falls lake development<br />

Fish ladder<br />

Cattle<br />

Cattle<br />

Septics?<br />

Tubers - tubists?<br />

throwing garbage - cans - palstics<br />

Bassette and Creighton Creeks<br />

extractions exceed supply<br />

McCauley Creek<br />

Duteau Creek<br />

Unnatural hydrograph<br />

Source: Working maps from tables at stakeholders workshop<br />

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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.7<br />

REGIONAL DISTRICT<br />

<strong>of</strong><br />

NORTH OKANAGAN<br />

REPORT<br />

File No.: 3010.08<br />

TO:<br />

FROM:<br />

Electoral Area Advisory Committee<br />

Rob Smailes, General Manager, Planning and Building<br />

DATE: November 28, 2011<br />

SUBJECT: Building Department Review Project Discussion Paper<br />

A. INTRODUCTION:<br />

This discussion paper outlines some problems, solutions and alternatives regarding the finances <strong>of</strong><br />

the Building Department. A review was undertaken in 2010 which goes into details and lists many<br />

recommendations for improving revenues and operations and controlling costs. The Building<br />

Department Review Project Report is attached and is confidential as it contains legal and personnel<br />

information. The intent <strong>of</strong> this report is to begin a dialogue regarding possible solutions to financial<br />

problems, that being finding ways <strong>of</strong> matching revenues with expenses for building services.<br />

B. BACKGROUND/HISTORY:<br />

The RDNO Building Department provides Building Inspection Services to the five electoral areas and<br />

4 municipalities (City <strong>of</strong> Armstrong, City <strong>of</strong> Enderby, Village <strong>of</strong> Lumby and Township <strong>of</strong><br />

Spallumcheen). These services are provided under Authority from RDNO Bylaw 842. The Service<br />

Establishment Bylaw does include provisions to allow the RDNO to levy taxes to fund the service,<br />

although it has historically been completely funded by Building Permit revenue. The majority <strong>of</strong> the<br />

costs are wage and benefit related and over the last 10 years the Department has generally consisted<br />

<strong>of</strong> 3-4 Building Inspectors, a Chief Building Inspector and one clerical staff.<br />

In 2010, a consultant was retained to review the Building Inspection Service:<br />

“The purpose was to examine the business <strong>of</strong> building permits and inspections to ensure that it<br />

is meeting the mandate and terms and conditions <strong>of</strong> the service establishment bylaw and that<br />

the function is effective and efficient, consistent and fair in its application and transparent to all<br />

parties. It was also intended to ensure that the structure, administration and operation <strong>of</strong> the<br />

department are consistent with the new realities <strong>of</strong> the RDNO and the new organizational<br />

model <strong>of</strong> empowerment and accountability.” 1<br />

The Review Project, which will be circulated on the In-Camera Agenda as it currently includes legal<br />

and personnel matters, contains several significant recommendations relating to the operation,<br />

authority and financing <strong>of</strong> the Building Department. The most important and timely issue at the<br />

forefront is the discussion regarding the use <strong>of</strong> taxation along with building permit fees to fund the<br />

Building Department.<br />

1 Building Department Review Project, April 27, 2011, page 1<br />

Page 214 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.7<br />

Building Department Review Recommendations<br />

Report to Electoral Area Advisory Committee – November 28, 2011 Page 2<br />

C. PROBLEM DEFINITION<br />

There are several factors relating to Building Department revenue and expenses that make long term<br />

financial sustainability challenging. These issues include the dependence on and cyclical nature <strong>of</strong><br />

building permit fee revenues; non cyclical nature <strong>of</strong> Building Department work loads; the skill set <strong>of</strong><br />

staff; the costs and non cyclical nature <strong>of</strong> enforcement and compliance; and the significant amount <strong>of</strong><br />

outstanding and yet to be completed building permit files that have consumed resources years after<br />

the fees have been collected (for example, there are approximately 5,000 outstanding permits as<br />

outlined in Appendix 1 <strong>of</strong> the Building Department Review Project Report). Sustainability can only be<br />

achieved through a combination <strong>of</strong> changes to revenue generation and cost control.<br />

1. Revenue<br />

Revenue exclusively from permit fees is one <strong>of</strong> the fundamental issues addressed in the<br />

Building Department Review. Permit fees collected can amount less than expenses in any<br />

given year depending on building activity levels. The Building Inspection Service annual<br />

budget in 2011 is $812,000 however approximately $400,000 in permit fee revenue was<br />

collected in 2011. There are a number <strong>of</strong> issues related to the nature <strong>of</strong> this source that make<br />

long term sustainability <strong>of</strong> the service a challenge. The shortfall has to be made up by use <strong>of</strong><br />

reserves from previous years.<br />

a. Cyclical nature <strong>of</strong> revenue<br />

During slower economic times, construction activity continues but generally at a lower<br />

value. There are less high value, large projects and new homes, and more renovations<br />

and modest additions/alterations. However, there is still a requirement to undertake<br />

important elements <strong>of</strong> the service. It is estimated that small value permits still require<br />

70-80% <strong>of</strong> the effort but generate only about 20%-30% <strong>of</strong> the revenue <strong>of</strong> large value<br />

permits.<br />

During good economic times permit values are high and it is possible to build a surplus,<br />

as was the case between 2001 and 2008 where combined revenues were over<br />

$500,000 greater than expenses. However, when building activity is high, due to<br />

resource limitations, enforcement and the level <strong>of</strong> attention put towards outstanding<br />

permits (final inspections/occupancy permits) generally tend to be less. Thus revenues<br />

cycle sharply with the business cycle where as work and expenses do not.<br />

b. Funding equity<br />

The Building Department Review project identified several recommendations for<br />

addressing the revenue problem, including introduction <strong>of</strong> taxation to partially fund the<br />

department to reduce the fluctuation in revenues. When considering the use <strong>of</strong> taxation<br />

for Building Service, it is important to note this is a public service provided by the<br />

regional district that provides broad public benefits by ensuring safer buildings and<br />

neighbourhoods and by maintaining the integrity <strong>of</strong> the tax roll for tax purposes. It is<br />

common in many other <strong>Regional</strong> <strong>District</strong>s in British Columbia to use taxation to fund a<br />

portion <strong>of</strong> the Building Department budget to align public benefit with public funding but<br />

the proportion varies region to region (see Page 18 <strong>of</strong> the Building Department Review<br />

Report).<br />

Another equity matter relates to the fact that a significant amount <strong>of</strong> work is required for<br />

achieving compliance with and enforcement <strong>of</strong> the Building and Zoning Bylaws. There<br />

are no financial incentives to comply and the permit holders that follow the rules pay<br />

the same permit fees as those who choose not to.<br />

Page 215 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.7<br />

Building Department Review Recommendations<br />

Report to Electoral Area Advisory Committee – November 28, 2011 Page 3<br />

c. Jurisdiction service fee <strong>of</strong> 20%<br />

Another revenue problem is that the participants (Electoral Areas Services and the four<br />

municipalities) in this service retain 20% <strong>of</strong> Building Permit fees. This is taken right <strong>of</strong>f<br />

the top and is not represented in any way in the Building Department annual budget.<br />

This practice was established many years ago without any rationalization <strong>of</strong> the value<br />

or level <strong>of</strong> effort provided by the participants towards the service. As there are limits on<br />

the amount that can be charged for building permit fees (it is based on a rate <strong>of</strong> $11<br />

per $1000 <strong>of</strong> construction value), this retention <strong>of</strong> 20% <strong>of</strong> the total fees significantly<br />

effects the bottom line. The service provided by the participants has little or no effect<br />

on the demands on the building department however a significant portion <strong>of</strong> revenue is<br />

not available for operation and management <strong>of</strong> the department. 2 The amount <strong>of</strong><br />

building permit fees retained by the participants should be rationalized to the service<br />

each provides.<br />

2. Cost Control<br />

a. Staff reductions<br />

In 2011 several cost cutting measures have occurred in an attempt to <strong>of</strong>fset the<br />

reduced Building Permit Revenue. One Building Inspector position was vacated in<br />

September; which represents a reduction <strong>of</strong> over 20% in inspection staff. In addition a<br />

portion <strong>of</strong> another Inspection position is being utilized for technical assistance in the<br />

Planning Department (mostly subdivision application related). Further reductions <strong>of</strong><br />

staffing levels through a combination <strong>of</strong> re-assignment to other functional areas<br />

(Engineering – Cross-Connection Control) and by a reduction in work hours (to part<br />

time) are possible.<br />

However, if the Department is to provide consistent service and remain sustainable, it<br />

is not possible to increase and decrease staffing levels to exactly match the economic<br />

cycles. One <strong>of</strong> the main reasons is that it is difficult to attract and retain pr<strong>of</strong>essional<br />

qualified building inspection staff unless some stability can be provided during<br />

moderate economic downturns. During times when building activity is high and staff are<br />

needed it is difficult to attract qualified staff due to the many other opportunities.<br />

Significant permit and inspection delays then occur resulting in complaints from<br />

builders and owners.<br />

“The key is to provide a balance by having a core level <strong>of</strong> pr<strong>of</strong>essionally qualified<br />

staff that are retained regardless <strong>of</strong> the economic cycle and supplementing staffing<br />

levels during the active building periods.” 3<br />

b. Overhead reductions<br />

Also during 2011, cost savings were realized as a result <strong>of</strong> reduced training, reduced<br />

legal expenses, unused contingency and delaying the purchases <strong>of</strong> field use<br />

computers and s<strong>of</strong>tware. In addition, some synergies were gained by using Planning<br />

staff to provide counter coverage for Building staff to allow more time for inspectors in<br />

the field and reduce the need to return to the <strong>of</strong>fice to provide counter coverage. Also,<br />

as there is a reduced amount <strong>of</strong> actual expenses from the budget, the overhead<br />

charges for Finance and Corporate and Administration Departments will be reduced for<br />

2 Building Department Review Project, April 27, 2011, page 10<br />

3 Building Department Review Project, April 27, 2011, page 11<br />

Page 216 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.7<br />

Building Department Review Recommendations<br />

Report to Electoral Area Advisory Committee – November 28, 2011 Page 4<br />

further savings. The total costs savings from 2011 should amount to around $75,000<br />

and therefore reduce the 2011 budget from $812,000 to approximately $735,000.<br />

In addition, the RDNO was successful in a legal matter that resulted in a settlement<br />

payment <strong>of</strong> approximately $25,000 being paid to the RDNO which <strong>of</strong>fset a portion <strong>of</strong><br />

legal expenses from previous years and added a small amount <strong>of</strong> revenue in 2011.<br />

D. SOLUTIONS<br />

Staff have investigated alternative solutions to the financial sustainability issues <strong>of</strong> the Building<br />

Department. The following describes proposals for both the revenue and expense side <strong>of</strong> the financial<br />

equation:<br />

1. Revenue Side<br />

a. Taxation<br />

The Building Department is currently funded completely by building permit fee revenue.<br />

During the Building Department Review, other <strong>Regional</strong> <strong>District</strong>s (RDs) were consulted<br />

regarding this practice and it appears that most RDs use some taxation to fund this<br />

public service. The amount varies from a low <strong>of</strong> 7% in the Sunshine Coast RD to a<br />

high <strong>of</strong> 66% in the Bulkley Nechako RD. Additional details are included on page 18 <strong>of</strong><br />

the Building Department Review Project Report. Staff are recommending that the<br />

Board <strong>of</strong> Directors move towards taxation for the 2012 year to fund a portion <strong>of</strong> the<br />

costs. It is recommended that for 2012 this should be about $200,000. This represents<br />

from a high <strong>of</strong> $13.82 and a low <strong>of</strong> $7.52 per average participant household (see the<br />

attached chart). This amount should be revisited in one year after the outcome <strong>of</strong> other<br />

revenue and cost control actions are known.<br />

b. Notice on Title fees<br />

Contained in the Building Department Review Project is a financial argument to<br />

introduce fees that more accurately reflect the actual costs <strong>of</strong> achieving enforcement<br />

and compliance. This focuses on the problems <strong>of</strong> construction without permits;<br />

construction contrary to the Zoning Bylaw or construction that does not meet the<br />

building code or Building Bylaw. The Building Department tries to work with builders<br />

and owners in a cooperative manner to achieve compliance and not move to<br />

enforcement unless absolutely necessary. This approach, while helpful to the<br />

builders/owners and provides somewhat <strong>of</strong> an educational role <strong>of</strong> the service, can<br />

become very time consuming with the costs being covered by all the permit holders<br />

including those that do follow the rules.<br />

In order to introduce some equity and to provide for incentives to be compliant, it is<br />

recommended that the fees to remove Notice on Title be amended to reflect the true<br />

costs incurred by the RDNO to place Notice. Currently, the fee to remove the Notice on<br />

Title after compliance is achieved is $157.50 which only covers a very small portion <strong>of</strong><br />

the cost incurred by staff. Currently, the Department spends approximately 30% <strong>of</strong> staff<br />

time trying to achieve compliance and enforce the Building and Zoning Bylaw<br />

regulations relating to construction. This can amount to over $150,000 per year in<br />

wages alone and when the costs <strong>of</strong> legal involvement and staff time from other RDNO<br />

Departments (Planning, Administration, etc.) is factored in, it is clear this is a significant<br />

budgetary amount. Again, these actions are paid for by all permit holders, the majority<br />

<strong>of</strong> which follow the rules.<br />

Page 217 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.7<br />

Building Department Review Recommendations<br />

Report to Electoral Area Advisory Committee – November 28, 2011 Page 5<br />

Moving in the direction to amend the fees will entail staff keeping accurate records <strong>of</strong><br />

time spent in compliance and enforcement actions in cases where the Notice on Title is<br />

used. Management will develop a cost per hour similar to that in the Planning<br />

Department for dealing with legal document amendments (currently $78 per hour) and<br />

that amount should be invoiced when owners are ready to comply and request to have<br />

the Notice removed from title.<br />

c. Refundable deposit<br />

The Building Department Review Project makes recommendations for implementing a<br />

refundable deposit to cover costs for matters such as re-inspection and minor noncompliance.<br />

This deposit would act as a bond to ensure that the owner/builder<br />

complies with the terms and conditions <strong>of</strong> the building bylaws. It would be completely<br />

refundable upon issuance <strong>of</strong> the occupancy permit if all bylaw terms and conditions are<br />

met and no other charges are assessed against the permit holder. This could improve<br />

efficiency as the owner/builder will have incentive to get the deposit back and therefore<br />

should improve compliance rates thus reducing administrative costs. More details can<br />

be found starting on page 3 <strong>of</strong> the Building Department Review Project.<br />

2. Expenses<br />

a. Lower service levels (reduced staffing) until activity levels increase<br />

It is recommended that the 2012 Budget reflect reduction in building staff levels by 20%<br />

over 2011 to save approximately $110,000 in wages, benefits and overhead charges<br />

over the next year. If activity levels increase dramatically during the building season, it<br />

will be difficult to add qualified Inspection staff and service levels may in fact be lower<br />

than industry standard and result in complaints regarding wait times for permits and<br />

inspections. This matter will require active monitoring and management through the<br />

year to determine if staffing levels are required to increase, even if only on a temporary<br />

basis during the busy part <strong>of</strong> the year.<br />

E. ALTERNATIVES<br />

b. Spend less resources on enforcement/compliance in 2012<br />

The vacated position in the Building Department was 75% committed to enforcement<br />

and compliance. The majority <strong>of</strong> the efforts from this position were used to “cleanup”<br />

older files that were still active. In most cases this effort was utilized to undertake final<br />

inspections files active since 1999. Appendix 1 <strong>of</strong> the Building Department Review<br />

Project outlines the magnitude <strong>of</strong> the open and active files that have required additional<br />

efforts to complete.<br />

About 30% <strong>of</strong> the total time departmental staff spent in any given year is dedicated to<br />

enforcement and compliance. It might be possible to re-focus effort and use incentives<br />

to achieve a level <strong>of</strong> compliance for 2012 and closely monitor time spent in this area<br />

moving forward. When coupled with a cost recovery approach to Notice on Title and<br />

the refundable deposit, the cost <strong>of</strong> enforcement should decrease, but the actual<br />

savings are unknown at this time.<br />

1. Taxation versus user pay (permit fees)<br />

Significant changes are required to the financial aspects <strong>of</strong> the Building Department if it is to:<br />

continue providing an acceptable level <strong>of</strong> pr<strong>of</strong>essional service to the participants; to align those<br />

whole pay for service with those who benefit; and to reconcile the problem <strong>of</strong> highly cyclical<br />

revenues paying for relatively noncyclical costs. The recommendations introduce a component<br />

Page 218 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.7<br />

Building Department Review Recommendations<br />

Report to Electoral Area Advisory Committee – November 28, 2011 Page 6<br />

<strong>of</strong> taxation reflect the timely change in direction for improvements to the financial sustainability<br />

<strong>of</strong> the Building Inspection Service (the extent <strong>of</strong> these changes are outlined in the table below).<br />

Requisition Amount $100,000 $150,000 $200,000<br />

Tax per Average Home<br />

Avg House<br />

City <strong>of</strong> Armstrong $5.16 $7.75 $10.33 $309,868<br />

City <strong>of</strong> Enderby $4.54 $6.82 $9.09 $253,284<br />

Township <strong>of</strong> Spallumcheen $3.89 $5.83 $7.77 $267,818<br />

Village <strong>of</strong> Lumby $4.56 $6.83 $9.11 $250,408<br />

Electoral Area "B" $5.20 $7.80 $10.40 $299,549<br />

Electoral Area "C" $6.91 $10.36 $13.82 $397,951<br />

Electoral Area "D" $4.73 $7.09 $9.46 $272,270<br />

Electoral Area "E" $3.76 $5.64 $7.52 $216,628<br />

Electoral Area "F" $5.52 $8.28 $11.04 $318,038<br />

2. Reduce service levels further<br />

The participants could agree to reduce service levels further and accept the consequences <strong>of</strong><br />

longer wait times to issue permits and perform inspections. This will result in frustration and<br />

complaints from builders/owners and will likely cause some to begin construction without<br />

permits thus increasing the need for enforcement. Also, if the economy improves quickly, it<br />

may be difficult to attract qualified Building Inspections staff in a timely fashion, thus<br />

exacerbating the problem.<br />

3. Discontinue or reduce fee retention by participants<br />

One <strong>of</strong> the recommendations for consideration during the 2012 year is to examine and<br />

rationalize the 20% fee retention by the participants. This fee is not included in the Building<br />

Department budget and is taken <strong>of</strong>f the top by the municipalities and Electoral Area Services.<br />

This can equate to a significant amount <strong>of</strong> money depending on building activity levels, based<br />

on the 2011 budget, $125,000 was removed from the revenue stream that could have been<br />

used to fund operations and management <strong>of</strong> the Building Inspection Service. This monetary<br />

amount is less than last several years because <strong>of</strong> lower activity levels. Coincidentally, this is<br />

close to the amount staff are recommending for taxation in the 2012 budget year. Also <strong>of</strong> note<br />

is that during times <strong>of</strong> high activity there have been additional transfers to the participating<br />

municipalities <strong>of</strong> money from surplus, for example in the 2007 budget year, over $108,000 was<br />

transferred above the 20% value already taken.<br />

4. Reduce service areas<br />

This entails allowing participating jurisdictions to negotiate their way out <strong>of</strong> the Building<br />

Service. As there are potential costs associated with this, participants should expect to be<br />

required to pay their share for exiting the service.<br />

This alternative would require the participants to determine if they wish to continue providing<br />

building inspection in their communities (it is not mandated service) and if they do, who<br />

besides the RDNO is going to provide it. There could be significant community consequences<br />

to this action and staff would recommend the participants consider such a decision carefully.<br />

Page 219 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.7<br />

Building Department Review Recommendations<br />

Report to Electoral Area Advisory Committee - November 28, 201 1 Page 7<br />

F. SUMMARY:<br />

If the participants desire to continue to provide the Building Inspection Service, then they must make<br />

some decisions relating to the operation , financing and authority to ensure it is sustainable in the long<br />

term . Staff have recommended that the participants move forward with a number <strong>of</strong> actions outlined in<br />

the Building Department review Project, with a focus on the financial aspects as a priority for 2012.<br />

There are several other cost control measures that are outlined in the Building Department Review<br />

Project. Some <strong>of</strong> these will be brought forward in the form <strong>of</strong> recommendations to the Board <strong>of</strong><br />

Directors. Others will be dealt with administratively. A future report will focus on opportunities to<br />

increase efficiencies. Staff consider these a priority while the remainder outlined in the Review Project<br />

should be considered during the 2012 year depending on number <strong>of</strong> factors including activity levels,<br />

new fee structures, and possible changes to the participants <strong>of</strong> the Building Inspection Service.<br />

G. RECOMMENDATIONS:<br />

The following are staff recommendations for resolution <strong>of</strong> the Building Department funding problem:<br />

1. That taxation be used to fund a portion <strong>of</strong> the Building Department budget to a maximum <strong>of</strong><br />

$200,000 in 2012; and further,<br />

2. That a refundable surcharge be implemented as part <strong>of</strong> the fee schedule within the Building<br />

Bylaw; and further,<br />

3. That the Notice on Title fee be increased to reflect the full cost <strong>of</strong> the Notice on Title process<br />

and further,<br />

4. That the remainder <strong>of</strong> the recommendations from the Building Department Review Project<br />

Report dated April 27, 2011 be considered in 2012 for effectiveness and cost efficiency <strong>of</strong> the<br />

Building Department.<br />

Approved For Inclusion:<br />

Submitted/Endorsed by:<br />

Rob Smailes, MC/P<br />

General Manager, Planning and Building<br />

Page 220 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.8<br />

MEMBER RELEASE<br />

October 26, 2011<br />

TO:<br />

FROM:<br />

RE:<br />

Mayor & Council | Chair & Board | Senior Staff<br />

UBCM Secretariat<br />

NATURAL RESOURCE ROADS<br />

Purpose<br />

This communication is being forwarded to inform local governments about a<br />

proposal by the provincial government to introduce a Natural Resource Road<br />

Act in the fall <strong>of</strong> 2012.<br />

The Province has developed a discussion paper entitled the “Natural Resource<br />

Road Act Project” which outlines the general intent <strong>of</strong> the new legislation and it<br />

is looking for local government feedback on the proposed policy by December<br />

15, 2011. The Natural Resource Road Project website is located at:<br />

http://www.for.gov.bc.ca/m<strong>of</strong>/nrra/index.htm<br />

Background<br />

The provincial government has looked at the issue <strong>of</strong> how to operate and<br />

manage rural resource roads on a number <strong>of</strong> occasions. In 2008 the provincial<br />

government introduced Bill 30 – Resource Road Act. The Act was intended to<br />

establish a new framework for the operation and maintenance <strong>of</strong> resource roads.<br />

The legislation was met with a mixed response from industry, environmental<br />

groups and other users. The provincial government removed Bill 30 from the<br />

legislative agenda following first reading.<br />

In 2009 the provincial government indicated that it intended to take a further<br />

look at the resource roads issue based on concerns raised by local government.<br />

A number <strong>of</strong> local governments indicated that the use and future access to<br />

resource roads was a growing concern around the province. A<br />

UBCM/Provincial Joint Committee was created to look at the issue and a report<br />

was produced in 2010 entitled “Resource Roads and Communities: Issues and<br />

Recommendations” and was discussed at a clinic at the 2010 UBCM Convention.<br />

The report on resource roads can be located on the UBCM website at:<br />

http://www.ubcm.ca/EN/main/resolutions/policy-papers/convention-policypapers-2000-present.html<br />

Page 221 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.8<br />

Natural Resource Road Act Project<br />

The Province has developed a discussion paper entitled the “Natural Resource<br />

Road Act Project” and is looking for stakeholder input into the process.<br />

The discussion paper outlines a number <strong>of</strong> different issues that the Province is<br />

attempting to address in the legislation. The first set <strong>of</strong> issues is around the<br />

approval and use <strong>of</strong> the roads. The paper outlines the following suggestions:<br />

• consolidate resource road legislation into a single act and provide a onewindow<br />

approach to the approval <strong>of</strong> resource roads;<br />

• ensure that resource roads are built and maintained with due<br />

consideration to environmental impacts;<br />

• ensure that roads are open to everyone except as required to protect the<br />

road, to mitigate unacceptable environmental impacts and to provide for the<br />

safety <strong>of</strong> road users;<br />

• reflect a “use at your own risk” approach when accessing resource roads.<br />

Liability to third parties will be limited to instances <strong>of</strong> misfeasance on the part <strong>of</strong><br />

the designated maintainer. Unless a designated maintainer or government has<br />

intentionally or negligently created a hazard that causes another user injury or<br />

vehicle damage, there will be no recourse to compensation;<br />

A second set <strong>of</strong> issues that the Province is investigating is the operation and<br />

management <strong>of</strong> rural resource roads. The paper makes the following<br />

suggestions:<br />

• require that the provincial government identify one designated maintainer<br />

for each resource road, the provincial government may assign any user <strong>of</strong> the<br />

road as a designated maintainer. However, there will be only one designated<br />

maintainer for each road or section <strong>of</strong> road at a time. The designated maintainer<br />

is responsible for maintaining and repairing the road and will in the majority <strong>of</strong><br />

cases be assigned to the party who is considered the primary user <strong>of</strong> the road<br />

(whether industrial, commercial or other). Where multiple parties use roads for<br />

industrial or some commercial (yet to be defined) purposes, they will be<br />

obligated to contribute fairly to the cost <strong>of</strong> maintenance incurred by the<br />

maintainer;<br />

• require that government decision-makers determine when a resource road<br />

can be closed and require that the provincial government consider the future<br />

value <strong>of</strong> the road to the public good when setting relief conditions. An<br />

underlying objective is to support non-industrial maintainers taking on<br />

responsibility for roads no longer required by industry, thereby retaining more<br />

roads for longer periods <strong>of</strong> time;<br />

• require that any road lacking a designated maintainer may be subject to<br />

deactivation. One <strong>of</strong> the key principles behind the proposed legislation is that<br />

every resource road will need to have a person responsible for carrying out<br />

maintenance. Someone will need to be identified as responsible for mitigating<br />

the environmental risks associated with operating the road - maintaining the<br />

bridges and stream culverts, which will eventually fail if not maintained - or the<br />

road will be closed.<br />

Page 222 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.8<br />

Next Steps<br />

The provincial government is looking for local government feedback on the<br />

future direction and operation <strong>of</strong> resource roads. They would like to know what<br />

role local government feels it should play in this process and how local<br />

governments would like to see resource roads managed and operated in the<br />

future.<br />

The deadline for feedback is December 15, 2011. The Natural Resource Road<br />

Project website is located at:<br />

http://www.for.gov.bc.ca/m<strong>of</strong>/nrra/index.htm<br />

UBCM Contact<br />

UBCM would request that you forward a copy to us <strong>of</strong> your local government’s<br />

response to the Natural Resource Road Project.<br />

If your local government has any questions regarding this communication,<br />

please contact Ken Vance, Senior Policy Advisor Email: kvance@ubcm.ca;<br />

Tel: 604-270-8226 ext. 114.<br />

1110-40: mr-nrr-oct/2011<br />

Page 223 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.9<br />

From: Dale Danallanko<br />

Subject: Illegal Dumping<br />

There are two separate issues here.<br />

The first is the Ministry <strong>of</strong> Forests policy with respect to provision <strong>of</strong> garbage services at the Sugar Lake<br />

Recreation Sites. I have to assume that the caretaker/operator at these facilities is following the direction<br />

give to him by his superior. This “No Trace Camping” policy has downstream effects. Some <strong>of</strong> the<br />

people leaving these facilities illegally dump their garbage. I will assume (hope) that this is a very small<br />

percentage <strong>of</strong> the total number <strong>of</strong> people using these facilities. In order for this situation to change, the<br />

Ministry <strong>of</strong> Forests will have to change this policy and provide garbage services at facilities such as these<br />

throughout the province. In my opinion, the best way to do that is for members <strong>of</strong> the RDNO Board <strong>of</strong><br />

Directors to be m ade aware <strong>of</strong> the issue and f or the RDNO Board to lobby the Ministry <strong>of</strong> Forests to<br />

change this policy. If the Board were to direct staff to do s ome research on t his issue and make<br />

recommendations, I would be happy to do that, but I believe it would be inappropriate for me as a staff<br />

member to lobby a provincial ministry without direction from the Board to do so. Pressure on the Ministry<br />

from the public through the MLA could be effective.<br />

The second issue is the broader question <strong>of</strong> responsibility for illegal dumping. There is a small amount in<br />

the RDNO Solid Waste Management Operating Budget under “Illegal Dumping”. What is not clear is to<br />

what purpose this money is to be directed. To the best <strong>of</strong> my knowledge, the RDNO does not have an<br />

illegal dumping policy or illegal dumping strategy. We recently did an update <strong>of</strong> the RDNO Solid Waste<br />

Management Plan, which included a public consultation component. The issue <strong>of</strong> illegal dumping did not<br />

come up during the review process. Again, I believe this is a policy issue that should be addressed by<br />

the Board <strong>of</strong> Directors. If the Board wants to deal with illegal dumping, the RDNOs role and<br />

responsibilities need to be clear. Under what circumstances would the RDNO get involved in an illegal<br />

dump cleanup? Who would do the clean up? How would it be funded? I believe these are questions that<br />

need to be addressed at a Board level. Once again, if the Board were to direct staff to do some research<br />

on this issue and make recommendations, I would be happy to do that.<br />

This is a complicated issue, with no easy solutions. If the RDNO were to take an active role in cleaning<br />

up illegal dumps, would this have the unintended consequence <strong>of</strong> increasing the magnitude <strong>of</strong> the<br />

problem as people would be less hesitant to illegally dump if they knew it was going to be cleaned up? I<br />

don’t know. People throw their empty popcorn boxes on t he floor at the movie theater knowing that<br />

somebody is going to come and clean it up. If no such service was provided, I believe that most people<br />

would be more likely to take responsibility for their own empty container and place it in the garbage can.<br />

Some people are responsible and do that anyway, some people would still leave it even if there was<br />

nobody to clean it up and would expect somebody else to clean up their mess. A poor analogy perhaps,<br />

but illegal dumping is not an easy issue. In a perfect world, people would take responsibility for their own<br />

waste, but we know that not likely to happen anytime soon.<br />

Thanks.<br />

Dale Danallanko, B.A.Sc. | Recycling and Disposal Facilities Operations Manager | <strong>Regional</strong> <strong>District</strong><br />

<strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> | 9848 Aberdeen Road Coldstream BC V1B 2K9 |<br />

P 250.550.3744 | F 250.550.3701 | E dale.danallanko@rdno.ca | W www.rdno.ca<br />

Page 224 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.11<br />

REGIONAL DISTRICT<br />

<strong>of</strong><br />

NORTH OKANAGAN<br />

REPORT<br />

File No.: 7170.01<br />

TO:<br />

FROM:<br />

Electoral Area Advisory Committee<br />

Community Protective Services<br />

DATE: November 9, 2011<br />

SUBJECT:<br />

<strong>North</strong> <strong>Okanagan</strong> Jaws <strong>of</strong> Life Coordination Understanding<br />

RECOMMENDATION:<br />

That it be recommended to the Board that staff be authorized to sign the Memorandum <strong>of</strong><br />

Understanding referred to as <strong>North</strong> <strong>Okanagan</strong> Jaws <strong>of</strong> Life Coordination Understanding.<br />

BACKGROUND:<br />

Jaws (120) Dissolution <strong>of</strong> Service, Bylaw 2517 was given first three readings at the September<br />

26, 2011 Board Meeting and was subsequently referred to partiCipants.<br />

Fundamental to support <strong>of</strong> Bylaw 2517 is agreement amongst participants that a region wide<br />

Jaws <strong>of</strong> Life service be maintained through individual fire departments after January 1, 2012.<br />

ACTIONS:<br />

Each jurisdiction has been provided with information necessary to register with Emergency<br />

Management BC to ensure eligibility for cost recovery when responding to Jaws incidents<br />

outside fire protection areas.<br />

The subject MOU sets out the terms <strong>of</strong> understanding necessary to define response areas<br />

covered by each individual fire department which in aggregate will provide region wide Jaws<br />

response effective January 1, 2012,<br />

This information will be provided to Fire Dispatchers in order to provide timely and accurate<br />

dispatch <strong>of</strong> Jaws calls.<br />

Submitted by:<br />

Approved for inclusion:<br />

Attachment:<br />

Page 225 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.11<br />

NOILeD 2012<br />

Memorandum <strong>of</strong> Understanding<br />

<strong>North</strong> <strong>Okanagan</strong> Jaws <strong>of</strong> Life Coordination Understanding<br />

This Memorandum <strong>of</strong> Understanding is an arrangement between local governments (the "parties")<br />

identified by their signatories for purposes <strong>of</strong> providing coordinated and region wide response to<br />

vehicle and equipment incidents requiring Jaws <strong>of</strong> Life service in the <strong>North</strong> <strong>Okanagan</strong>.<br />

I. MISSION<br />

The <strong>North</strong> <strong>Okanagan</strong> Jaws <strong>of</strong> Life Coordination Understanding (NOJLCU) is an arrangement<br />

between local governments for the provision <strong>of</strong> Jaws <strong>of</strong> Life response outside fire protection areas<br />

in the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong>.<br />

The patties wish to enter into this NOJLCU to define response areas assigned to each fire<br />

department.<br />

Nothing in this NOJLCU shall prevent another fire department(s) from responding, if so requested<br />

by the fire department assigned to respond pursuant to this arrangement or when requested by the<br />

Provincial Authority responsible for road rescue services.<br />

II.<br />

PURPOSE AND SCOPE<br />

The purpose <strong>of</strong> the NOJLCU is to create a framework <strong>of</strong> cooperation and shared understanding<br />

between the parties as to Jaws <strong>of</strong> Life response to vehicle and equipment incidents throughout the<br />

<strong>North</strong> <strong>Okanagan</strong>. This is not an agreement to provide services to each other but rather an<br />

understanding <strong>of</strong> who will respond where and when tasked to do so by P.E.P., in areas outside <strong>of</strong><br />

fire protection in order to avoid duplication <strong>of</strong> service or confusion for the 911 system.<br />

The parties shall in addition to providing Jaws <strong>of</strong> Life service within its own fire protection area,<br />

provide response to areas outside its fire protection area pursuant to terms <strong>of</strong> this NOJLCU.<br />

III.<br />

RESPONSIBILITIES<br />

Each party will appoint a person to serve as the <strong>of</strong>ficial contact and coordinate the activities <strong>of</strong> each<br />

organization in carrying out this NOJLCU.<br />

The participants agree to the following tasks:<br />

o Respond to motor vehicle or equipment incidents involving known or suspected<br />

entrapment <strong>of</strong> victims within assigned areas (attached as Addendum A) providing a task<br />

number has been issued by the Provincial Authority responsible for road rescue<br />

serVIces.<br />

o Each organization shall be responsible for completing and submitting its own claim<br />

forms as applicable for cost recovery from the Provincial Authority.<br />

Page 226 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.11<br />

NOjLeU 2012<br />

Signature <strong>of</strong> (Local Government) Representative: ____________ Date: ______ _<br />

Printed Name: _________________ Title: ___________ _<br />

Local Government: ---------------------------------------------------------<br />

Fire Department: _______________________________ __<br />

Signature <strong>of</strong> (Local Government) Representative: ____________ Date: ______ _<br />

Printed Name:<br />

Title:<br />

----------------- ------------<br />

Local Government: ---------------------------------------------------------<br />

Fire Department: _______________________________ __<br />

Signature <strong>of</strong> (Local Government) Representative: ____________ Date: ______ _<br />

Printed Name: _________________ Title: ___________ _<br />

Local Government: --------------------------------<br />

Fire Department: _______________________________ _<br />

Signature <strong>of</strong> (Local Government) Representative: ____________ Date: ______ _<br />

Printed Name: _________________ Title: ___________ _<br />

Local Government: ---------------------------------------------------------<br />

Fire Department: _______________________________ _<br />

Signature <strong>of</strong> (Local Government) Representative: ____________ Date: ______ _<br />

Printed Name: _________________ Title: ___________ _<br />

Local Government: ---------------------------------------------------------<br />

Fire Department: _______________________________ _<br />

Page 227 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.12a<br />

Vernon/<strong>North</strong> <strong>Okanagan</strong> RCMP<br />

<strong>Regional</strong> Crime Prevention Programs Coordinator<br />

Report to the <strong>Regional</strong> <strong>District</strong> <strong>North</strong> <strong>Okanagan</strong><br />

Board <strong>of</strong> Directors<br />

Date: November 28th 2011.<br />

.<br />

• Coordinator attended the BC Crime Prevention Association Training Symposium<br />

in Burnaby for 4 days in the month <strong>of</strong> November.<br />

• Coordinator attended the November’s <strong>North</strong> <strong>Okanagan</strong> Seniors Action Network<br />

meeting at the Peoples Place, Vernon regarding senior’s issues.<br />

• Coordinator has attended Excel part 1 / 2, training course this month provided by<br />

the City <strong>of</strong> Vernon over 2 days at the Water Reclamation depot, Vernon.<br />

• Coordinator gets daily crime updates from reading the RCMP occurrence logs<br />

regarding the 5 Electoral Areas.<br />

• Coordinator prepares Drug Awareness talks at Community Policing <strong>of</strong>fice.<br />

• Coordinator prepares Fraud, Cons and Scams presentation.<br />

• Coordinator met with Christine Silver Area representative for ICBC regarding<br />

future program involvement in the area.<br />

• Speed reader board from ICBC Representative Road Safety Coordinator being<br />

used in the RDNO Electoral areas by Coordinator.<br />

• Coordinator continues to visit Electoral Areas on daily visits and talks to residents<br />

and businesses regarding safety / crime concerns in their community.<br />

• Coordinator attended Kal Secondary School for information on school Lock Down<br />

• Bi weekly email sent to Block watch contacts with updates and Crime tips.<br />

• Coordinator has taken 1 Annual days leave holiday in November.<br />

• Coordinator has taken 1 Bank Holiday in November, Remembrance Day.<br />

Page 228 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.12a<br />

RDNO Area B (BX/Swan Lake) – Area C (BX Silver Star)<br />

• Speed Watch program performed on 2 occasions during November on Silver<br />

Star Road by BX Elementary School by Coordinator.<br />

• Speed Watch program performed on 1 occasion during November on Pleasant<br />

Valley Road by Coordinator, driver speed awareness / education operation.<br />

• Citizens on Patrol (two volunteers) spent 10 hours patrolling in the BX area. The<br />

patrols in this area are a regular and on-going part <strong>of</strong> the COP program.<br />

• Citizens on Patrol are regularly checking the Community Gardens in Area B<br />

during Thursday, Friday and Saturday evening patrols due to community<br />

concerns during November.<br />

• Coordinator visited Keddleston Road and spoke with residents regarding issues<br />

and to refresh Block Watch contact list<br />

• Maintaining regular contact with the 4 Block Watch programs in the area, which<br />

gives Coordinator access to over 149 households / family members by the e-mail<br />

system and BlockWatch Captains set up.<br />

RDNO Area D (Lumby Rural) – RDNO Area E (Cherryville)<br />

• Speed Watch program performed on 1 occasion this month in Cherryville, on<br />

<strong>North</strong> Fork road, close to Elementary School, during school zone.<br />

• Speed Watch program performed on 1 occasion in Cherryville on Highway 6E,<br />

located near Frank’s store junction.<br />

• Speed Watch program performed 1 occasion on Mabel Lake Road, outside <strong>of</strong><br />

Lumby, close to JW Inglis Elementary school, this month during school zone.<br />

• Coordinator attended Lumby Seniors Wellness drop in centre and gave<br />

presentation on Fraud Cons and Scams to community members.<br />

• Attended Cherryville Elementary school delivered WITS anti bullying program to<br />

Kindergarten / Grade 1 students.<br />

• Attended Cherryville Elementary school delivered Drug Awareness presentation<br />

to Grade 6/7 students.<br />

• Coordinator visited Whitevale Road and spoke with residents regarding issues<br />

and to refresh Block Watch contact list.<br />

• Maintaining regular contact with the 1 Block Watch program in area which gives<br />

Coordinator access to 25 households / family members by the e-mail system and<br />

Block Watch Captain set up.<br />

Page 229 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.12a<br />

RDNO Area F (Enderby Rural)<br />

• WITS (anti bullying) program at Grindrod Elementary school to K / Grade 1 and<br />

Grade 2 / 3 commenced this term, have attended twice in the month <strong>of</strong> November.<br />

• Drug Awareness talks at Grindrod Elementary school to Grade 4 / 5 and Grade 6 /<br />

7 commenced this term, have attended twice in the month <strong>of</strong> November.<br />

• Coordinator attended, prepared and presented a Block Watch information session<br />

at Grindrod Hall for the community, 8 people in attendance.<br />

• Lockout Auto crime operation performed at Rivermouth Marina, 16 motor vehicles<br />

checked and crime prevention notices displayed on window screen.<br />

• Speed Watch program performed on 2 occasions in Grindrod Highway 97, during<br />

November, monitoring traffic over bridge and through community, 50k zone.<br />

• Speed Watch program performed on 1 occasion in Ashton Creek during<br />

November, monitoring traffic close to the Elementary school during school zone.<br />

• Maintaining regular contact with the 4 Block Watch programs in area which gives<br />

the Coordinator access to over 70 households / family members by the email<br />

system and the Block Watch Captain set up.<br />

I submit my November report, Block Watch report and the attached November Speed<br />

Watch report for your information and consideration,<br />

Kind regards,<br />

Roy Morgan.<br />

<strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong>.<br />

Crime Prevention Program Coordinator.<br />

.<br />

Office 250 550 7845 or Cell 250 938 2260<br />

Page 230 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.12b<br />

SPEED WATCH MONTHLY REPORT FOR November 2011<br />

RDNO Speed Watch PROGRAM COORDINATOR: Roy Morgan<br />

PHONE: 250-550-7845 FAX: 250-260-5866 E-MAIL: rmorgan@vernon.ca<br />

Locations<br />

(Intersection/ Corridor/<br />

Highway)<br />

# <strong>of</strong> Speed<br />

Watch<br />

Deployments<br />

Total<br />

Vehicles<br />

Checked<br />

Over 10<br />

km/h<br />

Pleasant Valley Road B 1 33 1<br />

Silver Star Rd, BX school C 2 357 1<br />

Upper Hartnell Road C 0 0 0<br />

Mabel Lake Road, near JW<br />

1 44 0<br />

Inglis Elementary. Lumby D<br />

Cherryville <strong>North</strong> Fork Road,<br />

1 12 0<br />

near Elementary school. E<br />

Highway 6E, near Franks<br />

1 35 1<br />

store, Cherryville E<br />

Highway 97N, Mara, near<br />

0 0 0<br />

Putula Recreation park. F<br />

Mabel Lake Road, Ashton<br />

1 32 0<br />

Creek school, Enderby F<br />

Grindrod, Highway 97S F 2 47 0<br />

Mabel Lake Road, Kingfisher F 0 0 0<br />

Other location(s)<br />

# <strong>of</strong><br />

deployments<br />

with police<br />

presence<br />

(2 or 3 strikes)<br />

# <strong>of</strong><br />

tickets<br />

issued<br />

TOTALS<br />

9 560 3<br />

Total visibility hours<br />

9<br />

# <strong>of</strong> Warning Letters issued<br />

0<br />

Total admin hours<br />

1.0<br />

# <strong>of</strong> Active Volunteers<br />

0<br />

TOTAL HOURS<br />

10.5<br />

# <strong>of</strong> Seat Belt Surveys<br />

0<br />

Comments: Locations chosen close to school zones and communities concerns regarding speed.<br />

Please email to: kari.monteiro@icbc.com<br />

Phone: (250) 729-3505/Fax: (250) 729-3547<br />

Page 231 <strong>of</strong> 232


EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />

December 8, 2011 - Item F.12c<br />

Date: November 28 th 2011.<br />

Vernon/<strong>North</strong> <strong>Okanagan</strong> RCMP<br />

<strong>Regional</strong> Crime Prevention Programs Coordinator<br />

Report to the <strong>Regional</strong> <strong>District</strong> <strong>North</strong> <strong>Okanagan</strong><br />

Board <strong>of</strong> Directors<br />

Details <strong>of</strong> the Block Watch programs I oversee in the Electoral Areas.<br />

As requested by Electoral Area C Director Mike Macnabb.<br />

Area B: Spalding Road includes Cunningham Road, Sutton Road, Norquay Road,<br />

Macdonald Road, Alain Road and Rimer Road<br />

36 Households.<br />

Area C: Dixon Dam Road includes Deer Park Road.<br />

10 Households.<br />

Mountview Road includes East Vernon Road, Decosmos and Downie Road.<br />

34 Households.<br />

Hartnell Road includes Upper Hartnell Road, Neil Road, Day Road,<br />

Lynx Road and Kingsview Road<br />

35 Households.<br />

Keddleston Road includes Wilson Jackson Road and Deerwood Road.<br />

70 Households.<br />

Area D: Whitevale Road.<br />

25 Households.<br />

Area F: Grindrod includes 2 nd Avenue, 3 rd Avenue, 4 th Avenue and Davey Street.<br />

17 Households.<br />

Hamley Road includes Edgar Road, Grandview Bench, Violet Road.<br />

29 Households.<br />

Watershed Road includes Rosoman Road and Mabel Lake Road<br />

15 Households.<br />

I submit this Block Watch report, detailing the 271 Households for your information,<br />

Kind regards<br />

Roy<br />

Page 232 <strong>of</strong> 232

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