public hearing agenda · board of directors meeting . wednesday, september 21, 2011 . 4:00 pm ....

REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING

Wednesday, September 21, 2011 4:00 pm

PUBLIC HEARING AGENDA

A. CALL PUBLIC HEARING TO ORDER B. INTRODUCTION OF BYLAWS

1. REIMER, Kevin and Joyce 105 Highway 97B, Electoral Area “F” [File No. 10-0243-F-OCP / 10-0242-F-TIU] - Staff report dated August 30, 2011

Bylaw 2465, 2010 – Official Community Plan Amendment Purpose: to amend the land use designation of a 0.8 ha portion of the property legally described as Lot 1, Sec 14, Twp 19, R6, W6M, KDYD, Plan 33586 and located at 105 Highway 97B, Electoral Area “F” from Non-Urban to Temporary Use. That consideration be given to authorizing the issuance of a Temporary Industrial Use Permit for the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 33586 and located at 105 Highway 97B, Electoral Area “F” subject to the following:

1. landscaping to be provided on the land be in general accordance with the landscape plan attached to the Planning Department report dated August 30, 2011;

2. the operation of the screening facility is confined to weekdays that are not statutory holidays, between the hours of 7:00 am to 6:00 pm, inclusively;

3. the Temporary Industrial Use Permit be issued for a time period not to exceed 2 years, with a limitation on any proposed extension to 2 years; and further,

That issuance of the Temporary Use Permit be withheld until:

1. Electoral Area “F” Official Community Plan Amendment Bylaw No. 2465, 2010 has been Adopted;

2. a Statutory Right-of-Way and Section 219 Covenant has been registered on the title of the subject property to ensure that the temporary use will be discontinued after the designated 2 or 4 year term and to ensure that the site will be restored to its predevelopment condition;

3. the Regional District has received security in the amount of 125% of the cost associated with restoring the subject property to its pre-development condition.

C. PUBLIC PRESENTATIONS D. CLOSE PUBLIC HEARING

REGIONAL DISTRICT

of NORTH OKANAGAN

PLANNING REPORT

File No.: 10-0243-F-OCP

10-0242-F-TIU

RECOMMENDATION: That following comments received at the Public Hearing, Electoral Area “F” Official Community Plan Amendment Bylaw No. 2465, 2010 which proposes to amend the land use designation of a 0.8 ha portion of the property legally described as Lot 1, Sec 14, Twp 19, R6, W6M, KDYD, Plan 33586 and located at 105 Highway 97B, Electoral Area “F” from Non-Urban to Temporary Use be considered for Third Reading and Adoption; and further, That following comments received at the Public Hearing, consideration be given to authorizing the issuance of a Temporary Industrial Use Permit for the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 33586 and located at 105 Highway 97B, Electoral Area “F” subject to the following: 1. landscaping to be provided on the land be in general accordance with the landscape plan

attached to the Planning Department report dated August 30, 2011; 2. the operation of the screening facility is confined to weekdays that are not statutory holidays,

between the hours of 7:00 am to 6:00 pm, inclusively; 3. the Temporary Industrial Use Permit be issued for a time period not to exceed 2 years, with a

limitation on any proposed extension to 2 years; and further, That issuance of the Temporary Use Permit be withheld until: 1. Electoral Area “F” Official Community Plan Amendment Bylaw No. 2465, 2010 has been Adopted; 2. a Statutory Right-of-Way and Section 219 Covenant has been registered on the title of the subject

property to ensure that the temporary use will be discontinued after the designated 2 or 4 year term and to ensure that the site will be restored to its predevelopment condition;

4. the Regional District has received security in the amount of 125% of the cost associated with restoring the subject property to its pre-development condition.

BACKGROUND: At the Regular Meeting of October 6, 2010, the Board of Directors resolved to conditionally support the subject application which proposes to amend the Electoral Area “F” Official Community Plan land

TO: Board of Directors

FROM: Planning Department

DATE: August 30, 2011

SUBJECT:

Official Community Plan Amendment Bylaw No. 2465, 2010 [Reimer] and Temporary Industrial Use Permit Application for the property legally described as Lot 1, Sec 14, Twp 19, R6, W6M, KDYD, Plan 33586 and located at 105 Highway 97B, Electoral Area “F”

BOARD of DIRECTORS - PUBLIC HEARING September 21, 2011 - Item B.1

Page 1 of 17

Official Community Plan Bylaw No. 2465 [Reimer] Report to Board of Directors – August 30, 2011 Page 2 use designation of a 0.8 ha portion of the property located at 105 Highway 97B from Non-Urban to Temporary Use to permit screening of wood fibre on the 0.8 ha portion of the property. The Board further resolved that issuance of a Temporary Use Permit to allow the proposed use be subject to a Statutory Right-of-Way and Section 219 Covenant being registered on the subject property to ensure that the temporary use will be discontinued after the designated 2 to 4 year term, to ensure the site will be restored to its predevelopment condition; and to restrict the operation to weekdays that are not statutory holidays, between the hours of 7:00 am to 6:00 pm inclusively. The applicant is also required to provide security to ensure the site is restored to its pre-development condition. The Board further resolved that issuance of a Temporary Use Permit be considered subject to comments received from the public and adjacent land owners on the same date as a Public Hearing for the proposed OCP Amendment Bylaw. At the Regular Meeting of December 8, 2010, the Board of Directors gave First Reading to the OCP Amendment Bylaw and resolved to refer the Bylaw to various agencies, the Agricultural Land Commission and First Nations for comment. The Board further resolved that the applicant be required to hold a Public Information Meeting prior to consideration of Bylaws for further readings. At the Regular Meeting of August 3, 2011 and after considering the comments received through the above noted Bylaw referral and Public Information Meeting, the Board of Directors gave Second Reading to Official Community Plan Amendment Bylaw No. 2465, 2010 and referred the Bylaw to a Public Hearing to hear comments on the proposal for the public and adjacent land owners. Agricultural Land Commission The Agricultural Land Commission have advised that they have no objection to the proposed Bylaw, noting that it is consistent with the Commission’s decision to conditionally allow the temporary industrial use (sawdust screening facility) on 0.8 ha of the 10.6 ha parcel, as per Resolution #2280-2010. In this regard, the ALC approval is subject to following conditions; a) That no concrete or pavement be installed in the 0.8 ha area; b) The relocation of the screening facility as per the attached diagram (a minimum 100 m from the

north property boundary), and the construction of an earthen/gravel berm at least 4.0 m high planted with trees as per the attached diagram (all within the previously approved 0.8 ha footprint);

c) The approval and issuance of a 2 year Temporary Industrial Permit by the RDNO, d) The submission of a $25,000.00 credit to ensure rehabilitation of the site should the use cease

within 4 years. The necessity of the $25,000.00 letter of credit will be reviewed after 4 years; e) The Commission will review its decision and inspect the site after 4 years to ensure compliance

with its conditions, and whether to extend permission for the non farm use; f) Approval is granted for the sole benefit of the applicant and is non-transferable. Development Notification The applicant has submitted a Development Notification Certificate which confirms that on August 24, 2011, Development Notices were posted on the subject property in accordance with the Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008. The Public Hearing for the application and associated Bylaw and Permit has been advertised in the local newspapers and the adjacent land owners have been notified by letter of the Public Hearing, all in accordance with the Regional District Development Application Procedures and Administrative Fees Bylaw and the provisions of the Local Government Act.


Page 2 of 17


Page 3 of 17

Official Community Plan Bylaw No. 2465 [Reimer] Report to Board of Directors - August 30, 2011

SUMMARY:

Page 3

Upon consideration of input at the Public Hearing, it is recommended that Official Community Plan Amendment Bylaw No. 2465 be considered for Third Reading and Adoption as there are no conditions or Ministerial approvals that are required to be met prior to Third Reading and Adoption of the subject Bylaw.

Also upon consideration of input at the Public Hearing, it is recommended that the Board of Directors authorize the issuance of a Temporary Industrial Use Permit for the subject property in accordance with the provisions previously resolved to by the Board of Directors.

Submitted by:

A Greg Routl nning Manager Approved For Inclusion:

Endorsed by:

Rob Smai les, MCIP General Manager, Planning and Building


Page 4 of 17

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Schedule'S' Attached to and forming part of DEVELOPMENT SERVICES INFORMATION REPORT DATED AUGUST 27,2010 FILE NO. 10-0243-F-DVP & 10-0242-F-TIU

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REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW NO. 2465

A bylaw to amend Electoral Area “F” Official Community Plan Designation Bylaw No. 1934, 2004 and amendments thereto

WHEREAS pursuant to Section 876 [Authority to adopt a bylaw] of the Local Government Act, R.S.B.C., 1996, Chapter 323, as amended, and Regulations passed pursuant thereto, the Board of the Regional District of North Okanagan may, by Bylaw, adopt one or more official community plans; AND WHEREAS the Board has enacted the “Electoral Area “F” Official Community Plan Designation Bylaw No. 1934, 2004” and amendments thereto provide a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan; AND WHEREAS, pursuant to Section 895 [Development approval procedures] of the Local Government Act, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to an Official Community Plan and must consider every application for an amendment to the plan; AND WHEREAS the Board has enacted the “Regional District of North Okanagan Development Application Procedures and Administrative Fees Bylaw No. 2315, 2008” and amendments thereto to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit: AND WHEREAS the Board is desirable and expedient to amend “Electoral Area “F” Official Community Plan Designation Bylaw No.1934, 2004” NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled, hereby ENACTS AS FOLLOWS:

1. This Bylaw may be cited as “Electoral Area “F” Official Community Plan Amendment Bylaw No. 2465, 2010”.

2. Schedule “B” attached to and forming part of the “Electoral Area “F” Official Community Plan Designation Bylaw No. 1934, 2003” is hereby amended by changing the designation of a 0.8 ha portion of the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M KDYD, Plan 33586, located at 105 Highway 97B, Electoral Area “F” from Non-Urban to Temporary Use as shown on attached Schedule “A”.


Page 7 of 17

Bylaw No. 2465, 2010 Page 2 Read a FIRST time this 8th day of December, 2010 Bylaw No. 2465 considered in conjunction with the Regional District Financial Plan and

Waste Management Plan this 8th day of December, 2010.

Read a SECOND time this 3rd day of August , 2011 Advertised on the day of , 2011, and the day of , 2011 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act on the day of , 2011 Read a THIRD time this day of , 2011 ADOPTED this day of , 2011

CHAIR CORPORATE OFFICER


Page 8 of 17


Page 9 of 17

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SCHEDULE 'A' to accompany the Regional District of North Okanagan "Electoral Area "F" Official Community Plan Amendment Bylaw No. 2465, 2010" (Reimer)

Area redesigoated from Non-Urbao to Temporary Use ShoWll..... ~ I hereby certifY this to be a true and correct copy of SCHEDULE 'A' attached to and formiog part of the Regional District of North Okanagan "Electoral Area 'F' Official Community Plao Amendment Bylaw No. 2465, 2010" (Reimer)

Corpomte Officer

F:\3000-3699 LAND ADMIN\3067 - AREA F\3067 - APPLICATIONS\TIU\2010\10-0242-F-TIU - REIMER\10-0242-F-TIU - REIMER - Info Sheet.docx

REGIONAL DISTRICT

of NORTH OKANAGAN

DEVELOPMENT SERVICES INFORMATION REPORT

OFFICIAL COMMUNITY PLAN AMENDMENT AND TEMPORARY INDUSTRIAL USE APPLICATION

DEVELOPMENT SERVICES RECOMMENDATIONS That it be recommended to the Board of Directors that the application to amend the Electoral Area “F” Official Community Plan designation from Non-Urban to Temporary Use for a 0.8 ha. portion of the property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 33586, located at 105 Highway 97B, Electoral Area “F” as shown on Schedules “A” and “B” attached to and forming part of Development Services Information Report dated August 27, 2010; to permit screening of wood fibre be supported; And further, that staff be directed to prepare the Official Community Plan Amendment Bylaw for First Reading only; And further, that issuance of a Temporary Use Permit be considered, subject to comments received on the same date as the Public Hearing for the proposed OCP Amendment Bylaw, for

Date: August 27, 2010

File No.: 10-0243-F-OCP / 10-0242-F-TIU

Applicant: Kevin & Joyce Reimer

Legal Description: Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 33586

P.I.D.# 003-124-339

Civic Address: 105 Highway 97B

Property Size: 10.57 ha. (26.12 Acres)

Servicing: On site water supply and septic sewage disposal

A.L.R. Proposed Use Permitted on Temporary Basis in ALC Resolution #2280/2010

Zoning: Non-Urban Zone (N.U)

O.C.P. Designation: Non-Urban/Major Road – Proposed Temporary Use

Proposed Use: Wood Screen Plant on 0.8 ha. portion of property


Page 10 of 17

OCP Amendment & Temporary Use Permit 10-0242-F-TIU & 10-0243-F-OCP (Kevin & Joyce Reimer) Page 2 that property legally described as Lot 1, Sec 14, Twp 19, R9, W6M, KDYD, Plan 33586, located at 105 Highway 97B, Electoral Area “F” to permit screening of wood fibre; And further, that issuance of the Temporary Use Permit be withheld until the associated Electoral Area “F” Official Community Plan Amendment Bylaw has been adopted; And further that issuance of the Temporary Use Permit is subject to the following conditions;

• Registration of the required Statutory Right-of-Way and Section 219 Covenant to ensure that the temporary use will be discontinued after the designated 2 or 4 year term, and to ensure that the site will be restored to its predevelopment condition;

• The operation of the screening facility is confined to weekdays that are not statutory holidays, between the hours of 7:00 am to 6:00 pm, inclusively; and,

• The applicant is required to provide security in the amount of 125% of an estimate provided by the applicant of the cost to ensure the site is restored to its pre-development condition.

And further, that the Temporary Use Permit be issued for a time period not to exceed 2 years, with a limitation on any proposed extension to 2 years to be consistent with ALC Resolution #2280, 2010. BACKGROUND The applicants are proposing to bring poor quality wood fibre (shavings, sawdust and bark mulch) on site to process using a screen plant to produce better quality products for use as agricultural products, mainly animal bedding. After a complaint from a neighbour led to bylaw enforcement action, a non-farm use application was required as the proposed use is not considered a farm use or a home occupation under the Agricultural Land Commission Act. The applicant made this application and it was approved by the Agricultural Land Commission, in Resolution # 2280, 2010, but only on a temporary basis. The applicant has submitted an application to amend the Electoral Area “F” OCP by re-designating the property from Non-Urban to Temporary Use. The applicant has also submitted an application for a Temporary Use Permit. Both applications have been made in accordance with the ALC’s decision to support a temporary use of this property for a four-year basis, on the condition that the Regional District approve a Temporary Use Permit. After additional complaints were received, staff required the use to be re-located to an appropriately zoned property (Industrial) to which the owner complied. The proposed use is not contained within a building and exceeds the home occupation requirements of the Regional District Zoning Bylaw and, since it involves importing off-site products for screening, does not comply with the “resource use” provisions of the bylaw. The applicants currently operate a farm service from this site and provide custom liquid manure spreading, silage cutting and transport services to the beef and dairy industry. The farm service currently delivers sawdust, shavings and bark mulch for bedding purposes to the area.


Page 11 of 17

OCP Amendment & Temporary Use Permit 10-0242-F-TIU & 10-0243-F-OCP (Kevin & Joyce Reimer) Page 3 The screening operation is proposed to be located in an area shown on Schedules “A” and “B” attached to this report in the northwest corner of the property. The site is behind a natural berm and not visible from north bound traffic on Highway 97B, however the site is visible from south bound traffic on the highway. This corner of the property is relatively level and well removed from Gardom / Saltwell Creek located in the north east corner of the property adjacent to Springbend Road. The applicant advises that this area of the property had fill placed on it by the Ministry of Transportation and Infrastructure during the road widening that occurred in this area. As a result of the placement of fill the area has only marginally been useful for farm purposes. The subject property is cleared and generally in use as pasture and hayfield. A new residence was constructed on the property in 2007 and the older existing residence is in use by the elderly parents under the “temporary residence for care of an infirm relative” provisions of the zoning bylaw. The property also contains a shop and shed used for the farm service operation and located in the general vicinity of the new residence in the northwest area of the property. The older residence is located near Springbend Road in the north east area of the property along with a small barn, storage shed and detached garage. The property slopes down from west to east, approximately 30 metres in elevation with Saltwell / Gardom Creek located at the bottom of the property near Springbend Road. This application has been reviewed with the respect to the following relevant Electoral Area “F” Official Community Plan Policies. Section IV, Agricultural Lands Policy 2. Where certain uses are permitted pursuant to the provisions of Part 2 of B.C. Reg.

171/2002, notwithstanding local bylaws to the contrary, the Board will ensure that regulations are put in place pursuant to the provisions of Part 2, Section 2(2) of the regulation to minimize any potential negative impacts on neighbouring properties.

4. Lands within the Agricultural Land Reserve shall be protected from conflict with

non-agricultural use by a separation varying with the type and intensity of conflicting land use through adoption of appropriate setbacks and buffering within the non-agricultural areas, in which the recommendations of the Ministry of Agriculture, Food and Fisheries Ministry of Agriculture and Lands shall be considered.

9. Agricultural industrial uses shall be allowed at locations within the Plan area subject to the

following conditions: a. the industry shall process or manufacture agricultural products; b. the industry shall not be of a scale that is intrusive into the surrounding area;

c. offensive industrial uses shall be located on parcels large enough to contain the offensive use within the parcel, and not be a nuisance to the surrounding properties;

d. the industry shall not impose a burden on existing servicing or transportation

systems;


Page 12 of 17

OCP Amendment & Temporary Use Permit 10-0242-F-TIU & 10-0243-F-OCP (Kevin & Joyce Reimer) Page 4

e. the industry shall not contaminate the air or ground nor shall it contaminate or deplete surface and ground water supplies; and

f. the use must be approved by the Agricultural Land Commission if it has not

otherwise been approved by the Commission by Regulation. 10. Notwithstanding the minimum lot size standards and land use policies cited in this Plan or

the Regional District of North Okanagan zoning bylaw in force from time to time or any other policy or bylaw that has been adopted to guide decision-making, the Regional Board may, after due consideration, not authorize an application to the Commission if the proposed subdivision or use would have a negative impact on agricultural land or the farming community.

Section IX, Industrial Lands Policy 11. Community plan amendments to accommodate temporary industrial uses pursuant to the

provisions of Section 920.2 of the Local Government Act may be considered for rural or resource based activities in which subsequent temporary use permits must consider such things as:

a. The registration of a covenant and statutory right-of-way and the posting of security

to ensure that the temporary use will be discontinued after the designated 2 or 4 year term, and to ensure that the site will be restored to its predevelopment condition;

b. Permit lapse and extension conditions; c. The conditions of any referral agency including the Agricultural Land Commission,

the Ministry of Transportation and the Interior Health Authority; d. The best management practices and riparian area regulations of the Ministry of

Water, Land and Air Protection Ministry of Environment and Fisheries and Oceans Canada; ((B/L 2102, 2005)

e. Screening, landscaping and signage conditions and restrictions as to the days and

hours of use. 13. Industrial development shall be provided with suitable buffering within the non-agricultural

lands where the development is located in the Agricultural Land Reserve or where the development abuts land in the ALR.

PLANNING ANALYSIS This proposed non-farm use of a portion of the property has been reviewed and approved by the Agricultural Land Commission under Resolution #2280/2010. The ALC approval is subject to a number of conditions, as follows;


Page 13 of 17


a) That no concrete or pavement be installed in the 0.8 ha. area,

b) The relocation of the screening facility as per the attached diagram (a minimum 100 m from the north property boundary), and the construction of an earthen/gravel berm at least 4.0 m high planted with trees as per the attached diagram, (all within the previously approved 0.8 ha. footprint)

c) The approval and issuance of a 2 year Temporary Industrial Permit by the Regional

District of North Okanagan,

d) The submission of a $25,000.00 credit to ensure rehabilitation of the site should the use cease within 4 years. The necessity of the $25,000.00 letter of credit will be reviewed after 4 years,

e) The Commission will review its decision and inspect the site after 4 years to ensure

compliance with its conditions, and whether to extend permission for the non farm use,

f) Approval for the non farm use is granted for the sole benefit of the applicant and is non-transferable.

The Board of Directors has reviewed and approved of the proposed non farm use. Staff had previously recommended that the proposed use could provide a product and a benefit to the agricultural community in the area, but would require subsequent land use approvals. Staff also advised that steps should be taken to ensure that the operation is adequately buffered from adjacent properties and Highway 97B, that the operation does not negatively impact surrounding properties and that environmental concerns are satisfactorily addressed. The ALC roughly reflected these terms in their conditions. One of the ALC conditions in their approval of the non-farm use, was that the applicants would be required to submit an Official Community Plan amendment and Temporary Use Permit application to the Regional District for that portion of the subject property proposed to accommodate the agricultural industrial use. In consideration of the necessary OCP Amendment Bylaw and Temporary Use Permit, the Board of Directors could consider the proposed development with respect to screening, buffering and steps to mitigate the environmental impacts of the use as well as the size and scope of the operation including items such as stockpiling material and hours of operation. In consideration of the Temporary Use permit, the Local Government Act under Section 921(11) only grants the local government the ability to issue such a permit for a period of up to 3 years. The permit is renewable, under Section 921(13) for up to an additional 3 years, however the renewal must be approved by a resolution of the Board of Directors and only one such renewal is permitted. It should be noted that the Province amended Section 921 of the Local Government Act in June 2010. The changes included increasing the time period for such a permit from up to 2 years to up to 3 years and removing reference to the “type” of use (commercial or industrial). Section


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OCP Amendment & Temporary Use Permit 10-0242-F-TIU & 10-0243-F-OCP (Kevin & Joyce Reimer) Page 6 921 now only references “temporary use” and not temporary industrial or temporary commercial uses. As a condition of considering temporary use permits, the Electoral Area “F” OCP requires that a Statutory Right-of-Way (SRoW) as well as a Section 219 covenant be registered against the title of the subject property, and security be provided sufficient for staff to be able to enter onto the property and ensure that the temporary use is discontinued after the permit term has expired. The ALC has made it a condition for the applicant to provide security and have taken the responsibility of ensuring that the use is discontinued. In view of this, the Board of Directors may wish to consider waiving this requirement, in this case only, in spite of the Staff recommendation, but only if the applicant does provide this security to the ALC. It is further suggested to the Board that they consider this only if they are comfortable that the ALC requirement will satisfy site restoration issues should the permit expire and that the ALC will follow through. The screening operation originally came to the attention of Regional District staff as a result of a complaint received about impacts of this use on the neighbourhood. As a result and in respect of the OCP guidelines, buffering from adjacent properties is critical. Again the ALC has made a specific condition of the approval of this use that would satisfy this OCP requirement. The ALC condition should be adequate to deal with buffering concerns with neighbouring properties and as a result staff are not recommending that this form a condition of the current application. However, the Board of Directors will have the opportunity to hear from ALO’s and other issues may arise that could result in additional conditions. The applicant has provided information to indicate the amount of material proposed to be imported to the site, to be stored on site or to be screened. If this is determined to be relevant to the process, in light of the ALC approval of the non-farm use, it can be provided. It should be stressed however, that ALC approval of the non-farm use was without restriction to volumes of material, but rather indicated the size of the property able to be used for the purpose. It is also noted that OCP Policy can restrict hours of operation but does not contemplate volumes of material involved. In regard to the hours of operation, Staff have discussed this issue with the applicant and his current operation does not typically fall outside the hours of 7:00 am to 5:00 pm and is conducted on weekdays only. It is only in extreme circumstances that a load of material is delivered outside of these hours. The applicant has indicated that he would have no issue gearing his operation so that it would fit within the hours of 7:00 am to 6:00 pm, on weekdays. The applicant also wholesales approximately 15% to 20% of the material to landscape installers. The applicant has advised the ALC of the scope of this aspect of the operation and presumably ALC has considered it in their approval of the non-farm use. SUMMARY This application is proposing to redesignate a portion of the subject property from a Non-Urban to a Temporary Use designation in order to permit screening of wood fibre. Planning staff are suggesting that the OCP amendment application can be supported to proceed to bylaw stage, as the ALC has approved this non-farm use, subject to the applicant fulfilling a number of


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OCP Amendment & Temporary Use Permit 10-0242-F-TIU & 10-0243-F-OCP (Kevin & Joyce Reimer) Page 7 requirements, and the Board of Directors hearing input from adjacent land owners. The requirements of the ALC approval mirror those within the Electoral Area “F” OCP, so staff are recommending that additional conditions be imposed in any Regional District approval of the Temporary Use permit to respect those policies and to retain some control over the temporary use, rather than relying on ALC to police the issue. However, the Board of Directors may consider waiving, modifying or adding any conditions of approval if they are so desirous through the public component of the process. REFERRALS The application has been referred to the following for their review and comment: 1. Electoral Area “F” Director 2. Electoral Area “F” Advisory Planning Commission 3. Electoral Area Advisory Committee 4. Sustainability Coordinator 5. Interior Health Authority

Interior Health has no objection to this proposal as submitted. We note that no serviced buildings will be created and as such have no objection with regard to wastewater disposal or drinking water for this property. (June 4, 2010)

6. Ministry of Transportation and Infrastructure

This Ministry has no objections, in principle, to the proposed land use, subject to: The applicant is required to apply for and receive an ITC Access Permit for access from Grindrod – Salmon Arm Hwy 97B. Note: Current permit is for agricultural and residential purposes only. Any change in use of the existing access would void the current permit, as noted within the conditions of the permit #02-013-19300. This office reserves the right to restrict movements at this access point and will comment further when a new application for access to a Controlled Access Highway is submitted to the Vernon office. (June 1, 2010)

7. Ministry of Environment

Ecosystems Section To ensure proposed activities are planned and carried out with minimal impacts to the environment and in compliance with all relevant legislation, the proponent and approving agency are advised to adhere to guidelines in the provincial best management practices document. Environmental Protection Division No authorization is required under the Environmental Management Act. We do recommend that excessive stock piling not occur to limit leachate and spontaneous combustion concerns. (June 4, 2010)

8. Ministry of Agriculture and Lands


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We have no objections to this application to rezone a portion of the Reimer property to screen wood material for use in the livestock sector as long as the conditions indicated by the ALC in their March 17th, 2010 decision are met. (May 31, 2010)

9. Agricultural Land Commission

This proposed non-farm use of a portion of the property has been reviewed and approved by the Agricultural Land Commission under Resolution #2280/2010. The ALC approval is subject to a number of conditions, as follows;

a) That no concrete or pavement be installed in the 0.8 ha. area, b) The relocation of the screening facility as per the attached diagram (a minimum

100 m from the north property boundary), and the construction of an earthen/gravel berm at least 4.0 m high planted with trees as per the attached diagram, (all within the previously approved 0.8 ha. footprint)

c) The approval and issuance of a 2 year Temporary Industrial Permit by the Regional District of North Okanagan,

d) The submission of a $25,000.00 credit to ensure rehabilitation of the site should the use cease within 4 years. The necessity of the $25,000.00 letter of credit will be reviewed after 4 years,

e) The Commission will review its decision and inspect the site after 4 years to ensure compliance with its conditions, and whether to extend permission for the non farm use,

f) Approval for the non farm use is granted for the sole benefit of the applicant and is non-transferable. (March 17, 2010)

Submitted by: Dan Passmore, Senior Planning Technologist Approved For Inclusion: Endorsed by: Greg Betts, Administrator Rob Smailes, MCIP General Manager, Planning and Building


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public hearing agenda · board of directors meeting . wednesday, september 21, 2011 . 4:00 pm ....

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