REGULAR COUNCIL MEETING AGENDA

Transcription

1 REGULAR COUNCIL MEETING AGENDA Page Adoption of Minutes 1.1 Adoption of Minutes Recommendation: Monday, January 23, :00 p.m. Council Chambers Municipal Hall, Henry Ave. Summerland, BC THAT the Regular Meeting Minutes of Council dated January 9, 2012 be adopted. 1.2 Adoption of Minutes Recommendation: THAT the Special Meeting minutes dated January 16, 2012 be adopted. 2. Resolution to Amend the Agenda Public Hearing 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Mayor Perrino to ask for comments from the public. 3.2 Bylaw Amendment of Zoning Bylaw CN - Neighbourhood Commercial Zone (11402 Victoria Rd) Mayor Perrino to ask for comments from the public. Page 1 of 6

2 Page 4. Bylaws Considered after Public Hearing 4.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality Group Ltd.) Recommendation: THAT Bylaw be read a second and third time. 4.2 Bylaw Amendment of Zoning Bylaw CN-Neighbourhood Commercial Zone (11402 Victoria Rd) Recommendation: THAT Bylaw be read a second and third time and be adopted.. Delegations (maximum minutes per delegation) 6. Mayor's Report 7. CAO's Report Unfinished Business 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and commencement of legal action - Building Without a Permit Hespeler Road Prior to adopting any resolution with respect to the Section 7 notice, Council should hear from the Building Inspector and from Gerald and Gregory Barber, the property owners. 9. Correspondence 10. Development Services Department Reports 11. Staff and Other Reports 11.1 Recommendations from the Committee of the Whole Fuel Management Prescription - UBCM Grant Application Recommendation: THAT Council endorse the UBCM Fuel Management Prescription grant application; AND THAT the required grant application documents be submitted to the UBCM. Page 2 of 6

3 Page Staff and Other Reports 11.3 Report from Director of Finance re Sale of Lot A, Plan B6323 located at 277 Solly Road Recommendation: THAT Council approve the sale of Lot A, Plan B6323 to the owners of 277 Solly Road for $13, on the condition that this lot be consolidated with the purchasers' lot and that the purchaser will be responsible for all legal and survey costs. 12. New Business 13. Bylaws 13.1 Bylaw Amendment of Fees and Charges Bylaw (Bus Shelter Advertising Rates 2012) Recommendation: THAT Bylaw be adopted. 14. Councillor's Report 1. Adjourn 16. Public Question Period (questions must relate to items on the agenda) Page 3 of 6

4 Regular Council December 12, 2011 The Regular Meeting of the Municipal Council of the District of Summerland was held in Council Chambers, Henry Ave, Summerland, B.C. on Monday, December 12, 2011 at 7:00 p.m. Council members in attendance were: Mayor Janice Perrino, Councillors L. Christopherson, R. Hacking, B. Hallquist, O. Robson, M. Van Alphen and P. Waterman. Council member absent: None. Staff members in attendance were: Chief Administrative Officer D. DeGagne, Director of Finance K. Ostraat, Manager of Development Services I. McIntosh, Information Services Coordinator J. Holtjer and Deputy Corporate Officer M. Fugeta. (* denotes partial attendance) 1. ADOPTION OF MINUTES Moved by Councillor Christopherson, Seconded by Councillor Van Alphen, THAT the Regular Meeting minutes dated November 28, 2011 be adopted. Carried. Moved by Councillor Christopherson, Seconded by Councillor Van Alphen, THAT the Inaugural Meeting minutes dated December, 2011 be adopted. 2. DELEGATIONS Delegation - Jenna Woldenga - Color for Cuba Campaign Carried. Jenna Woldenga advised that she has just returned from her trip to Cuba. She had been actively involved in collecting art supplies for an elementary school in a small town called Arcos de Canasi. Jenna was in attendance tonight to present Mayor Perrino and Council with a thank you letter and to display the banner that the school painted for Summerland in response to the Color for Cuba campaign. The Color for Cuba campaign had been spearheaded by Jenna, and was supported by the District of Summerland. 3. MAYOR'S REPORT Thanks to Sheila from the Vanilla Pod for inviting all of Council to attend the Summerland Merchant Committee meeting on November 30 th Thanks to CUPE members for inviting Council to their Staff Christmas Party on December 3, 2011 Thank you to the Honourable Judge Shaw for swearing in the new Council at the Inaugural meeting held on December, Adoption of Minutes Page 4 of 6

5 Regular Council December 12, 2011 Attended Community Futures event last Thursday. Several businesses from Summerland received advice and support from Community Futures Congratulations to Carol and the staff at the Summerland Medicine Centre on their grand opening December 9 th Merry Christmas and the best for this upcoming holiday season, be safe and keep healthy 4. CAO S REPORT Congratulations to the new Council members Budget discussions coming up Orientation session for Council to review the various departments January 23 rd Council/Staff Strategic Planning Session for Council to set their goals and objectives. DEVELOPMENT SERVICES DEPARTMENT REPORTS Development Variance Permit Rosedale Avenue (Bruce Hallquist) for the installation of two additional steel shipping containers Councillor Hallquist left the meeting at 7:10 p.m. stating a conflict of interest, as he is the owner of the building in question. The Manager of Development Services stated that the owner wishes to place two more shipping containers on top of the existing ones for additional secure storage. The owner is intending to paint the new containers to match the existing ones. The Manager of Development Services further stated that this application was circulated to the Engineering and Public Works department and Fire department, siting no issues specific to the variance request were identified. Council members discussed the following: How many containers are allowed on one property. The Manager of Development Services advised that there is no limit on the number of containers, but there are regulations in place regarding height, floor area, parcel size etc. Concern with the setback being at 0 and providing access to emergency vehicles Fire safe requirements and height of containers Building Permit process Precedent setting by allowing 0 setback Mayor Perrino asked for comments from the public. Les McAvany, Owner of Tirecraft Auto Center Business purchased in May of 2009 Containers are essential for the business Off-site storage is very costly No complaints with existing storage containers 1.1 Adoption of Minutes Page of 6

6 Regular Council December 12, 2011 Moved by Councillor Christopherson, Seconded by Councillor Waterman, THAT a Development Variance Permit to vary section of Zoning Bylaw to reduce the side interior setback from 2.m to 0m and reduce the rear setback from 3.0m to 0m for Lot 2, DL 473, ODYD, Plan 8632, located at Rosedale Ave be granted for the installation of two additional steel shipping containers to be located on top of the existing containers; AND THAT the approval be subject to the new containers being painted to match the existing building. Councillor Bruce Hallquist returned to the meeting at 7:30 p.m. Carried. Development Variance Permit Dale Avenue (Cameron Barker) to waive the requirement to have one side yard setback of 3.0m The Manager of Development Services introduced the application stating that this variance is for a new residential development. He added that the property is currently vacant and the owner wishes to construct a 2944sqft single detached house. He added that the Zoning Bylaw requires a 3.0m side yard setback on one side of a structure where no direct access to the rear yard is available, the owner wishes to waive this requirement so that both side yard setbacks can be 1.m. The Manager of Development Services stated that this application is supported, subject to neighbourhood concerns. Council members discussed the following: Setback based upon access to the back and/or privacy concerns Neighbouring properties comply with the regulations of zoning Design and layout of proposed residential house Encroachment on neighbouring property Mayor Perrino asked for comments from the public: Don Lancaster, representing Mr. and Mrs. Smyl (neighbours to the north) Advised that Mr. and Mrs. Smyl are opposed to the requested setback; privacy very important to them If variance approved, there will only be 10 feet between the two houses Prestige area; quality construction and size Requesting that variance be denied on behalf of Mr. and Mrs. Smyl Keith Borg, Timberhaven Homes Representing the property owner of 818 Dale Avenue Advised that the Upper Deck of the proposed house does not exceed into the 3 meter requested setback; only the lower portion Neighbours will still have a view of the lake 1.1 Adoption of Minutes Page 6 of 6

7 Regular Council December 12, 2011 Our client wants privacy as well and when the house was designed, we were cognizant of the neighbour s privacy. Moved by Councillor Waterman, Seconded by Councillor Christopherson, THAT a Development Variance Permit to vary section (a) of Zoning Bylaw to waive the requirement to have one side yard setback of 3.0m if there is no direct vehicular access to the rear yard for Lot 3, DL 488, ODYD, Plan 3926, located at 818 Dale Avenue, be denied for the single detached house shown on Schedule B, only. Carried. One member added that we should be abiding by the setbacks put in place. Another member stated that he does not like to see new construction starting out with a variance. Zoning Amendment Application for Victoria Rd (Stan's Food Market Ltd.) Councillor Robert Hacking left the meeting at 7:2 p.m. stating that his father is the owner of the property in question. The Manager of Development Services advised that the property in question is the former site of Stan s Food Market and has been vacant for some time. He added that the site is currently zoned for small scale neighbourhood commercial uses that typically include local convenience stores that serve the immediate area. The Manager of Development Services advised that this application has not been presented to the Advisory Planning Commission as yet. He noted that two members of the APC have been elected to Council. The logistics of convening an APC meeting during the holiday season coupled with the meetings required by council, would mean that the earliest the application could be dealt with would be mid-march. The applicant has applied to open a small scale business that supplies promotional materials, including coffee cups, wine glasses and sporting accessories. As it is located in close proximity to Dale Meadows Sports Park, it is convenient for sports teams as well. The Manager of Development Services stated that in order to accommodate the applicant s proposal, an OCP amendment and rezoning would normally be required. He suggested that if this use is to be permitted, it may be more appropriate to allow this use on a site specific basis, which would permit the proposed use within the existing CN- Neighbourhood Zone, but only on this lot. Members discussed neighbouring commercial uses and previous location of business. One member was uncomfortable with the fact that the business was moving from an industrial site to a non-industrial site, but would be in agreement with the request if this was determined as a site specific use. 1.1 Adoption of Minutes Page 7 of 6

8 Regular Council December 12, 2011 Moved by Councillor Waterman, Seconded by Councillor Christopherson, THAT staff be authorized to prepare a site specific zoning bylaw amendment to remove "neighbourhood garden centre, lawn care service and bicycle sales and repair shop" as a permitted use in the CN-Neighbourhood Commercial Zone and replace with manufacture and sales of sportswear and promotional products" only on Lot 7, DL 474, ODYD, Plan 2679, located at Victoria Rd. Councillor Hacking returned to the meeting at 8:0 p.m. 6. STAFF AND OTHER REPORTS Economic Strategic Action Committee Carried. Mayor Perrino advised that the District of Summerland is looking to establish a new Economic Strategic Action Committee. Staff will be conducting an open house in early January 2012, seeking public interest and views on economic development. Moved by Councillor Hallquist, Seconded by Councillor Robson, THAT Council direct staff to organize a town hall meeting prior to Council forming a new Economic Strategic Action Committee seeking public interest and input; AND THAT the town hall meeting be held in January, Finance Committee - Terms of Reference Carried. The Deputy Corporate Officer advised that the new Chairman for the Finance Committee has made a few housekeeping amendments to the existing Finance Committee s Terms of Reference. The CAO also made a minor change. One member commented on the public question period during and/or at the conclusion of the Finance Committee meetings, regarding participation and time frame of questions. The CAO added that the public is able to write and request to be put onto the agenda with a delegation and/or to make a presentation similar to council meetings. Moved by Councillor Hallquist, Seconded by Councillor Van Alphen, THAT the Terms of Reference for the Finance Committee be adopted, as amended. Carried. 1.1 Adoption of Minutes Page 8 of 6

9 Regular Council December 12, BYLAWS The Manager of Development Services provided background information on the following housekeeping amendments to the Zoning Bylaw. Bylaw Amend Zoning Bylaw to Increase Permitted Height of Residential Accessory Buildings in Agricultural Zones Moved by Councillor Christopherson, Seconded by Councillor Hallquist, THAT Bylaw be adopted. Carried. Bylaw Amend Zoning Bylaw to remove the requirement for Agricultural buffer where properties do not abut ALR lands Moved by Councillor Christopherson, Seconded by Councillor Hallquist, THAT Bylaw be adopted. Carried. Report from Director of Finance - Bylaw Electrical Rate Increase for January 2012 Billings The Director of Finance referred to his staff report and stated that attached to his report is Bylaw , Amendment of Fees and Charges Bylaw (Electric Rates); which amend our electrical rates effective with the January 2012 billings. Commercial rates have been restructured to make them competitive with Fortis commercial rates. Residential rates have been increased by 4% whichis equal to the rate increase applied by Fortis on its residential customers. Members discussed the rate differential between commercial and residential. The Director of Finance stated that the rates vary depending on the type of business and that the increase for the average household in Summerland would be approximately $3.60 per month. Members were concerned with the increase in rates and agreed it is a hardship on low income people and pensioners. The Director of Finance added that the District does not take increases lightly. Moved by Councillor Hallquist, Seconded by Councillor Christopherson, THAT Bylaw be read a first, second and third time. Carried. 1.1 Adoption of Minutes Page 9 of 6

10 Regular Council December 12, 2011 Report from Director of Finance - Bylaw Water Rate Increase for 2012 The Director of Finance referred to his staff report outlining the proposed water rate increase to take effect January He added that recent capital expenditures on the water system have depleted virtually all of our water capital reserves and it is necessary to build these reserves up again. In order to better build our water capital reserves, a % increase is necessary. Members discussed future capital water projects and reserves. The Director of Finance provided clarification on property tax revenue; utilities and funds derived from selling municipal property and how the funds are allocated towards capital projects. Moved by Councillor Hallquist, Seconded by Councillor Van Alphen, THAT Bylaw be read a first, second and third time. Carried. Report from Director of Finance - Bylaw Sewer Rate Increase for 2012 The Director of Finance advised that staff are recommending that the sewer user fee be increased by 3% effective with the January 2012 billings. He added that this increase will result in a $0.7 increase to the monthly charge for the average residential home. He advised that the current Wastewater Treatment Plant is 13 years old and is beginning to require more maintenance. He stated that general operating costs of the sewer utility have also increased and it is necessary to pass on an increase to the sewer user fee rates. Moved by Councillor Christopherson, Seconded by Councillor, THAT Bylaw be read a first, second and third time. 8. COUNCILLOR'S REPORT Carried. Councillor Hallquist reminded the public that the Finance Committee will resume meetings in early January. Councillor Hacking encouraged residents to attend a Townhall meeting being planned for early January, seeking public input on forming a new Economic Strategic Action committee. Councillor Christopherson attended Christy Clark s townhall meeting; very interesting and a lot of topics covered Councillor Robson also attended Christy Clark s townhall meeting and the Community Futures meeting. Councillor Waterman attended the Summerland Merchants Meeting and the Community Futures meeting; much discussion and informative. Councillor Van Alphen attended a number of meetings and festivities in the last couple of weeks. 1.1 Adoption of Minutes Page 10 of 6

11 Regular Council December 12, 2011 Mayor and Council wished all a very Merry Christmas and Happy New Year. 9. ADJOURN The meeting adjourned at 9:0 hrs. Certified Correct: Mayor Deputy Corporate Officer /mf 1.1 Adoption of Minutes Page 11 of 6

12 Special Council January 16, 2012 The Special Meeting of the Municipal Council of the District of Summerland was held in Council Chambers, Henry Ave, Summerland, B.C. on Monday, January 16, 2012 at 8:30 a.m. Council members in attendance were: Mayor Janice Perrino, Councillors L. Christopherson, R. Hacking, B. Hallquist, O. Robson, M. Van Alphen and P. Waterman. Council members absent: None. Staff member in attendance was: Corporate Officer M. Fugeta.* (* denotes partial attendance) 1. CALL TO ORDER Mayor Perrino called the meeting to order at 8:30 a.m. 2. RESOLUTION TO CLOSE MEETING TO THE PUBLIC Moved by Councillor Van Alphen, Seconded by Councillor Christopherson, THAT this meeting now be closed to the public pursuant to Section 90(1)(c) of the Community Charter for Council to deal with matters related to labour relations or other employee relations. Corporate Officer left the meeting at 8:32 a.m. 3. TERMINATION Carried. The meeting went into a closed session at 8:32 a.m. and subsequently terminated at 9:10 a.m. Certified Correct: Mayor Corporate Officer /mf 1.2 Adoption of Minutes Page 12 of 6

13 THE CORPORATION OF THE DISTRICT OF SUMMERLAND Briefing Note Date: January 23, 2012 To: Mayor and Council From: Ian McIntosh, Manager of Development Services Subject: Rezoning and OCP Amendment LOT 2, DL 488, ODYD, PLAN Towgood Place Property Owner: Dubois Hospitality Group Ltd. Recommendation: It is recommended: THAT Bylaw to amend the Official Community Plan to re-designate LOT 2, DL 488, ODYD, PLAN 3834, located at 011 Towgood Place from Tourist Commercial to Medium Density Residential and to rezone said property from CT2 to RMD be read a second and third time; AND THAT adoption of the amending bylaw be considered in conjunction with: a. Registration of a Statutory Right of way, which grants pedestrian access along the Trout Creek dyke. b. Registration of a Section 219 covenant on the title of the property requiring installation of a 20mm diameter water main from Wharf Street to the development site. c. Registration of a Section 219 covenant on the title of the property requiring development of the site and the protection of the Streamside Protection and Enhancement Area (SPEA) in accordance with the Riparian Area Regulation (RAR) Assessment Report prepared by Valley Environmental and dated February 12, d. Road dedication as shown on Schedule C. e. Registration of a Section 219 covenant requiring construction of a sidewalk on Towgood Place from Wharf Street to the development site or a cash-in-lieu payment of $40,000. f. Registration of a Section 219 covenant limiting development of the site to 20 units in substantial conformance with the plans attached as Schedule B. 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 13 of 6

14 C.A.O.'s Comments: Support as recommended. C.A.O.'s Initials: DHD Purpose: To update Council on the status of this application following closing of the public hearing held on October 11, Background: Current Use: Parcel Size: Zoning: OCP: M.o.T. Approval: Campground 82m 2 (2ac) CT2-Campground Zone Tourist Commercial Required This development proposal was introduced at the September 12, 2011 Council meeting. The amending bylaws were given first reading at the September 26 th Council meeting. A public hearing was held on October 11, A map of the property is shown on Schedule A. The intent of the rezoning application was to permit a 24 unit townhouse development. Nine people spoke at the hearing with most concerned over the proposed density of the development along with associated parking and increased traffic. Council closed the public hearing and directed the developer to provide a development permit application so both council and the public would have greater certainty as to the details of the proposed development. Council also advised the developer to consider the comments brought forward at the public hearing in finalizing his plan. The owner has now provided a new plan so a new public hearing is required. The original staff report is attached as Schedule D. Circulation Comments: As noted in the original staff report, the applicant held a public meeting at the Trout Creek Elementary School on April 20, In January of this year, the applicant also delivered letters outlining the new plan to all residents in the immediate area. The application was circulated to the District s Engineering and Public Works Department and Fire Department. Their concerns have been provided for in the recommendation. This application was circulated to the Ministry of Transportation and their concerns have also been provided for in the recommendation This application was also supported by the Advisory Planning Commission at a meeting held on May 27, No notification of the Regional District of Okanagan Similkameen (RDOS) was warranted. District staff are satisfied that all appropriate consultation has taken place. The requirements of Section 879 of the Local Government Act Consultation during OCP development, have therefore been fulfilled. Discussion: Discussions between the applicant and staff suggest that the applicant provide a development plan and restrictive covenant rather than a development permit application. This approach 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 14 of 6

15 provides greater certainty regarding development details for the neighbourhood while still providing some flexibility to a future developer. The applicant has taken neighbourhood concerns into account and revised the development design. The revised plan is attached as Schedule B. The revised plan reduces the density from 24 units to 20 units. This reduction allows for increased parking and greater green space. The existing swimming pool has also been retained. The owner has offered to register a restrictive covenant on the title of the property limiting development to a maximum of 20 units in substantial conformance to the attached plan. This will control potential density while still allowing for some design revision to reflect market conditions. Alternatives: Option 1 Grant the Official Community Plan amendment and rezoning with the considerations identified in the recommendation. (Recommended by Staff) This option allows the OCP amendment and rezoning while giving the neighbourhood an adequate amenity for this significant regulatory change and controlling the density and form of development. Option 2 Grant the Official Community Plan amendment and rezoning with other considerations. This option allows the OCP amendment and rezoning with considerations as determined by Council. It is noted that the District would have to contribute funds to complete any of the sidewalk construction if requested funding is reduced. Option 3 Deny the Official Community Plan amendment and rezoning. This option would not allow the change in use. The campground could continue and the owner could review other allowable options within the present zoning. Conclusion: The property owner has responded to the concerns of the neighbourhood by reducing the density of the proposed project while increasing both the parking and green space. The new plan has been circulated to the neighbourhood via personal letters. The application appears worthy of support subject to the items noted in the recommendation. Respectfully Submitted Ian McIntosh Manager of Development Services 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 1 of 6

16 Schedule A HIGHWAY 97 BRITTON RD WHARF ST TOWGOOD PL CROIL AVE WELDON AVE CROIL AVE SUBJECT PROPERTY Rezone from CT2 to RMD OCP from TC to MDR 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 16 of 6

17 Schedule B Revised Development Plan 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 17 of 6

18 Schedule B continued 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 18 of 6

19 Schedule C 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 19 of 6

20 Schedule D Original Staff Report THE CORPORATION OF THE DISTRICT OF SUMMERLAND REPORT Date: September 12, 2011 To: Mayor and Council From: Julie McGuire, Planner Subject: Rezoning and OCP Amendment LOT 2, DL 488, ODYD, PLAN Towgood Place Property Owner: Dubois Hospitality Group Ltd. Recommendation: It is recommended: THAT staff be authorized to prepare an Official Community Plan amendment to redesignate LOT 2, DL 488, ODYD, PLAN 3834, located at 011 Towgood Place from Tourist Commercial to Medium Density Residential; AND THAT staff be authorized to prepare a zoning bylaw amendment to rezone LOT 2, DL 488, ODYD, PLAN 3834, located at 011 Towgood Place from CT2 to RMD. AND THAT adoption of the amending bylaws be considered in conjunction with: g. Registration of a Statutory Right of way, which grants pedestrian access along the Trout Creek dyke. h. Registration of a Section 219 covenant on the title of the property requiring installation of a 20mm diameter water main from Wharf Street to the development site. i. Registration of a Section 219 covenant on the title of the property requiring development of the site and the protection of the Streamside Protection and Enhancement Area (SPEA) in accordance with the Riparian Area Regulation (RAR) Assessment Report prepared by Valley Environmental and dated February 12, j. Road dedication as shown on Schedule C. k. Registration of a Section 219 covenant requiring construction of a sidewalk on Towgood Place from Wharf Street to the development site or a cash-inlieu payment of $40,000. C.A.O.'s Comments: Support staff recommendation. 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 20 of 6

21 Schedule D Original Staff Report cont. C.A.O.'s Initials: KMO Purpose: To present a comprehensive review of the applicant's request for an Official Community Plan amendment and rezoning to permit a 24-unit townhouse development. Background: Current Use: Campground Parcel Size: Approximately 2.04 acres (82 m 2 ) Zoning: CT2-Campground Zone OCP: Tourist Commercial M.o.T. Approval: Required This site is located on the east side of Highway 97, adjacent to Trout Creek, at the end of Towgood Place. This site is currently the location of the Summerland Campground & RV Park. A map showing the subject property is attached as Schedule A. The site is designated Tourist Commercial (TC) in the Official Community Plan (OCP) and zoned CT2-Campground Zone to accommodate outdoor campground uses. The property is adjacent to Highway 97 to the west, Trout Creek to the south, and residential singledetached housing to the east and north. The current access to the campground is at the northwest corner of the property through the Department of Transportation right-of-way. Trout Creek was straightened in the 1970 s and the District maintains a dike, within a Statutory Right-of-way, that runs along the southern edge of the subject property. The dike is also used as a walking trail, although the walking trail trespasses over the subject site. The application has been received to allow the development of approximately 24 townhouse units as shown on Schedule B. Circulation Comments: The applicant held a public meeting at the Trout Creek Elementary School on April 20, 2011 to present an overview of the proposed development. The meeting was attended by approximately eight people and some voiced neighbourhood concerns. This application was circulated to the District s Engineering and Public Works Department and Fire Department. A review by these departments identified the following issues: Installation of a hydrant will be required. A water modeling report identified the need for the provision of a 20mm diameter water main from Wharf Street to the development site. The existing Statutory Right-of-way on title granting the District of Summerland access to Trout Creek for the deepening, widening and improvement of the creek bed and banks for flood and water table control does not permit pedestrian access. This application was circulated to the Ministry of Transportation and a review identified the following issues: Road dedication along the Highway 97 frontage must be provided by the 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 21 of 6

22 applicant as shown in Schedule C. The dedication will be in the amount of 6.00 metres at the northwest corner and tapering down to 0.0 metres at the southwest corner of the property. This application was also presented to the Advisory Planning Commission meeting held on May 27, Members asked if the property owner and staff could have a discussion regarding the installation of a sidewalk on Towgood Place for safe and easy pedestrian traffic flow. After reviewing the application and hearing from the public in attendance and support staff, the Commission passed the following recommendation: THAT the Advisory Planning Commission recommend to Council that the application for an OCP Amendment from Tourist Commercial to Medium Density Residential and Rezone from CT3 to RMD located at 011 Towgood Place, be supported. No notification of the Regional District of Okanagan Similkameen (RDOS) was warranted. District staff are satisfied that all appropriate consultation has taken place. The requirements of Section 879 of the Local Government Act Consultation during OCP development, have therefore been fulfilled. Discussion: There are a number of issues associated with this application. These issues include: removing one of the few remaining campgrounds in Summerland; riparian issues associated with Trout Creek; adequate domestic water service; pedestrian access to the dyke along Trout Creek; and community benefit. These items are discussed individually below. Campground Use Schedule D Original Staff Report cont. This site is currently being used as a campground and will remain as such for the 2011 season. There are only three remaining campgrounds in Summerland. They include the municipally owned Peach Orchard Campground, the Illahie Beach Campground and the subject property. The owners have stated that operating a campground on the subject property is no longer financially viable. The subject property is designated Tourist Commercial in the Official Community Plan (OCP) and the proposed change is to Medium Density Residential. The Medium Density Residential designation in the OCP is intended to accommodate housing near amenities and services, and on residential collector roadways. The proposed development proposes a significant amendment to our Official Community Plan as well as zoning. This land use change will increase density and alter the character of the neighbourhood. Some of the District s climate change goals, in the Official Community Plan, encourage more compact development with access to amenities within walking and cycling distance. The proposed development is consistent with the District s goals by increasing density in a location near amenities in Trout Creek. The gas station, corner store, elementary school and proposed Pub on Johnson Street are all within a 00 metre walk. 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 22 of 6

23 Schedule D Original Staff Report cont. RAR Assessment The Riparian Area Regulation (RAR) Assessment Report was prepared by Valley Environmental. The report notes that the RAR setback for the campground was found to be 1 meters for the entire length of the property. Bartlett Tree Experts conducted a hazard tree assessment for the campground in January 2011 and all danger trees were removed. A native tree replacement plan was developed and submitted to the District of Summerland. A Section 219 covenant on the title of the property would identify the 1 metre setback and ensure that the recommendations in the Riparian Area Regulation (RAR) Assessment Report are carried out. This covenant would also advise future land owners of these requirements. Water Servicing Report A Water Servicing Report was completed by Agua Consulting Inc. to identify servicing requirements for the proposed change in use. Fire flow calculations show that a 20mm diameter water main upgrade is required from Wharf Street to the development site. The Report notes the need for at least one additional fire hydrant as well. The required water main upgrade has been estimated at approximately $0,000. It is recommended that a Section 219 covenant be registered on the property title for the installation of a 20mm diameter water main from Wharf Street to the development site. Should the rezoning application be successful, the Section 219 covenant will advise future owners that this multi-family site has a significant water servicing encumbrance that is a condition of development. Drainage Report A Drainage Report was required as the subject property is located in an area with a high water table and is in a low point topographically. The report addresses the ability of the site to accommodate concentrated runoff during a severe rainstorm. The Drainage Report finds no drainage issue for this site. 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 23 of 6

24 Schedule D Original Staff Report cont. Statutory Right-of-way for access to Trout Creek There is an existing Statutory Right-of-way on the property title that grants the District of Summerland access to Trout Creek for the deepening, widening and improvement of the creek bed and banks for flood and water table control. The right-of-way does not grant the right for pedestrians to use the walkway. The current owner removed barriers to public access and placed picnic tables for public use. Therefore, pedestrians have been using the existing walkway along Trout Creek. To formalize public access along Trout Creek, for the length of the property, a new Statutory Right-of-way should be registered to allow public access. Public Benefit Significant amendments to the Official Community Plan warrant a consideration of public benefit. In this case the contemplated change will remove one of three remaining campgrounds in Summerland while increasing density on the site to permit 24 townhouse units. The proposed development is a significant amendment to our OCP and zoning bylaw that will increase the number of people living and walking in this community. This change of land use will also significantly increase the value of the property. Some members of the Advisory Planning Commission and staff have suggested that a sidewalk in the area would both service the proposed development as well as provide an amenity to the neighbourhood. Although there was no sidewalk planned for Towgood Place, the District s Subdivision and Development Servicing Bylaw , indicates that a sidewalk is required on one side of a local road where the highway will be used to provide the public with safe and efficient access to multiple family uses or educational facilities (p. 88). A development of this nature would normally have to construct a sidewalk along its property frontage. In this case the property is located at the end of a cul-de-sac and has virtually no property frontage. A sidewalk in this location would give residents a safe place to walk to the mailboxes located at the north end of Towgood Place. It would also provide connections to neighbourhood amenities such as the corner store and elementary school. There are some options with respect to a sidewalk in the neighbourhood. The most beneficial to the development would be the proposed sidewalk from Wharf Street to the development site. This construction has been estimated at approximately $44,000. A second option notes that with the proposed pub development on the north-east corner of Johnson Street and Highway 97, there are plans to build a new sidewalk with a Regional Transit stop (Schedule D). As no rezoning was required for this development, the developer is only required to construct the improvements along his property frontage. Extending this sidewalk, from the pub frontage to Cordy Avenue would be a neighbourhood amenity that would also benefit the proposed new multi-family development on Towgood Place. This construction is estimated at approximately $41,000. Staff are suggesting a cash-in-lieu payment for a sidewalk in the amount of $40,000 be considered noting that if the pub does not proceed within a reasonable time frame the money would be directed to construction of a sidewalk on Towgood Place. Staff discussed the issue of providing public amenity in the neighbourhood with the applicant. The applicant is prepared to provide a public amenity consisting of the following: 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 24 of 6

25 Schedule D Original Staff Report cont. Updating the Statutory Right-of-way along Trout Creek to legally allow public access. A $20,000 contribution towards a sidewalk fund for Summerland. The applicant indicated that any additional costs may make the project undesirable to a prospective developer. Alternatives: Option 1 Grant the Official Community Plan amendment and rezoning with the considerations identified in the recommendation. (Recommended by Staff) This option allows the OCP amendment and rezoning while giving the neighbourhood an adequate amenity for this significant regulatory change. Option 2 Grant the Official Community Plan amendment and rezoning with the reduced public benefit as offered by the developer. This option allows the OCP amendment and rezoning with a reduced neighbourhood benefit. The District would have to contribute funds to complete any of the discussed sidewalk construction. Option 3 Deny the Official Community Plan amendment and rezoning. This option would not allow the change in use. The campground may continue as long as it is financially viable and the owner may review other allowable options within the present zoning. Conclusion: This property has been designated, zoned, and used as a campground for many years. The viability of this continued use is uncertain. The application under consideration would be a significant deviation from the District s current regulations however; the increased density and proximity to amenities are consistent with the direction in the community plan. A neighbourhood amenity such as a sidewalk would be a benefit for new and existing residents. The environmental requirements, servicing upgrades and public amenity are typically secured through the zoning process. The development proposal was supported by the Advisory Planning Commission with the inquiry about a sidewalk as a public amenity. There appears to be support for this application, however there is some debate over how much public amenity is sufficient for such a significant OCP and zoning change. It is recommended that the bylaw not be adopted until the items noted in the recommendation have been secured. Respectfully Submitted Julie McGuire, MCIP Planner 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 2 of 6

26 Schedule D Original Staff Report cont. Schedule A HIGHWAY 97 BRITTON RD WHARF ST TOWGOOD PL CROIL AVE WELDON AVE CROIL AVE SUBJECT PROPERTY Rezone from CT2 to RMD OCP from TC to MDR 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 26 of 6

27 Schedule D Original Staff Report cont. Schedule B 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 27 of 6

28 Schedule D Original Staff Report cont. Schedule B continued 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 28 of 6

29 Schedule D Original Staff Report cont. Schedule C 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 29 of 6

30 Schedule D Original Staff Report cont. Schedule D Sidewalk Option on Johnson Street 3.1 Bylaw Rezoning and OCP Amendment for 011 Towgood Place (Dubois Hospitality) Page 30 of 6

31 THE CORPORATION OF THE DISTRICT OF SUMMERLAND Briefing Note Date: January 23, 2012 To: Mayor & Council From: Ian McIntosh, Manager of Development Services Subject: Section 7 Notice Building without a permit LOT A, DL 67, ODYD, PlAN KAP Hespeler Road Property Owner: Gerald Sydney Barber Gregory Stephen Barber Recommendation: THAT Council direct staff to file a Notice on Title pursuant to Section 7 of the Community Charter indicating construction was completed without a valid building permit or the required building inspections. C.A.O s Comments: Support as recommended. C.A.O. s Initials: KMO Purpose: To deal with a dwelling that is incomplete, the building permit has expired and unauthorized construction has occurred without the required building permits and building inspections. Background: Current Use: Parcel Size: Zoning: OCP: MoT Approval: Single Detached Housing 18m2 (0.39ac) CR1-Country Residential Rural Residential not required 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 31 of 6

32 This issue was presented to Council on January 9, At that meeting Council directed staff to proceed with the formal notification process to advise the property owner that Council would consider this Section 7 Notice at the January 23, 2012 Council meeting. This notice was prepared and mailed to the property owner as well as delivered by hand. The Manager of Development Services and the Building Inspector visited the house and met with the owner on January 11, The deficiencies were discussed with the owner. A subsequent meeting was also held in the Development Services office on January 19. It is recommended that the notice be filed at this time. It is noted that the notice can be removed once the noted deficiencies have been corrected. Respectfully Submitted Robert Cook Building Inspector Ian McIntosh Manager of Development Services 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 32 of 6

33 Schedule A SUBJECT PROPERTY 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 33 of 6

34 Schedule B 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 34 of 6

35 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 3 of 6

36 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 36 of 6

37 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 37 of 6

38 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 38 of 6

39 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 39 of 6

40 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 40 of 6

41 8.1 Briefing Note from the Manager of Development Services recommending filing of a Section 7 Notice on title and Page 41 of 6

42 THE CORPORATION OF THE DISTRICT OF SUMMERLAND REPORT Date: November 16, 2011 To: Mayor & Council From: Glenn Noble, Fire Chief Subject: Fuel Management Prescription UBCM Grant Application Recommendation: That the UBCM Fuel Management Prescription grant application be endorsed, and that the required grant application documents be submitted to the UBCM accordingly. C.A.O s Comments: Support as recommended. KMO C.A.O. s Initials Purpose: To apply for funding that will assist in the development of fuel modification prescriptions for Municipal owned lands identified within this report. Background: The excerpts below, taken from the UBCM web site, identifies the scope of the Strategic Wildfire Prevention Initiative, of which the Fuel Management Prescription program is one part. The Strategic Wildfire Prevention Initiative is a suite of funding programs managed through the Provincial Fuel Management Working Group, Ministry of Forests, Lands & Natural Resource Operations and the Union of BC Municipalities. The initiative supports communities to mitigate risk from wildfire in the wildland urban interface Fuel Management Prescription - UBCM Grant Application Page 42 of 6

43 Funding under the Strategic Wildfire Prevention Initiative is available for: Development of a Community Wildfire Protection Plan (CWPP) Development of a Fuel Management Prescription Implementation of Fuel Management Demonstration Projects Operational fuel treatment activities A Fuel management prescription is a document that identifies and describes the recommended fuel management activities in an identified area in order to lower the Wildfire Threat Rating. Prescriptions ensure that proposed treatments are appropriate and that communities have the information they need to undertake operational fuel treatment projects. The Fuel Management Prescription program assists local governments to develop prescriptions for areas in wildland urban interface that are at risk from wildfires and which were identified as priorities in the Community Wildfire Protection Plan. Circulation Comments: The proposed project was submitted to the management group for comment. The Director of Development Services advised that the lands identified are located in an Environmentally Sensitive Development Permit Area ; however he also noted that there is an exemption for District staff or contractors to do actions to prevent immediate threats to life or property. Quoting The Director; I am assuming these are fire control measures to protect property against wildfire. In this case you would be exempt from the DP process. The Director of Parks and Recreation indicates that he is supportive of the project and wishes to work with the Fire Department and the consultant, to ensure that existing trails within the project areas are not negatively impacted. Discussion: The Fire Department has identified several areas of the Municipality as being at either high or extreme threat from wildfire. Two of these areas have been identified as high priority in regards to potential fuel modification work that can be completed to help reduce the associated risk. Both areas of Municipal land identified in this report have been identified as being in the Extreme Wildfire Threat class rating. (See Schedule A) This grant application is phase one of a two phased process in dealing with the fuel loads on these identified properties. Once the Fuel Management Prescription has been approved an Operation Fuel Treatment Grant will then be applied for. The Operational Fuel Treatment Grant will assist us in funding the required work. Phase 1 Fuel Management Prescription Currently UBCM grant funding will pay for 7% of the cost to develop the prescriptions. Costs will be approximately $12,000 of which the DOS share is 2% or $3, Fuel Management Prescription - UBCM Grant Application Page 43 of 6

44 Phase 2 - Operational Fuel Treatment Funded by the UBCM at 90% of the project up to $100,000 and 7% if the project in excess of $100,000. Project costs for the treatment portion of the project are expected to be just under the $100,000 mark. Our intention is to stay below that threshold, therefor meaning the DOS costs would be approx. $10,000. It should be noted that the DOS is awaiting payment in the range of $19,000 from the UBCM for the Little Giants Head fuel modification project that was previously completed. These moneys, once received, could be put towards the costs of completing this proposed project. No Fire Department funding has been identified for this project as part of the 2012 budget. The Fire Department has been working with Valhalla Consultants on the preliminary leg work for this project. If endorsed by Council and approved by the UBCM we would then retain Valhalla as the project manager. Valhalla s costs to oversee the required grant submissions, final report requirements, tendering of contractors and overall management of the project are included in the costs identified above. Time lines for completion of the project are dependent upon UBCM approval, and availability of crews to conduct the work. If the prescription application is approved it is possible the operational treatment work would be able to commence in the March of 2012, however, it is more likely that the operational work would be conducted in the fall of 2012, with completion in early Alternatives: Option 1 Deny the recommendation This would leave the identified Municipal lands untreated in relationship to a wildfire hazard classification. Respectfully Submitted Glenn Noble, Fire Chief 11.2 Fuel Management Prescription - UBCM Grant Application Page 44 of 6

45 Schedule A Proposed Treatment Area 1 University Lands Deer Ridge Area Treatment Area 12 Hectares 11.2 Fuel Management Prescription - UBCM Grant Application Page 4 of 6

46 Proposed Treatment Area 2 "Canyon View Lands Treatment Area 11 Hectares 11.2 Fuel Management Prescription - UBCM Grant Application Page 46 of 6

47 11.2 Fuel Management Prescription - UBCM Grant Application Page 47 of 6 Wildfire Hazard Assessment Report: University Lands Deer Ridge Area Schedule B Wildland Urban Interface Wildfire Hazard Assessment Form Plot # 1 Community: District of Summerland Assessor Andrew Hunsberger Geographic Location/Street Name: Summergate Road Date January 3 rd, 2012 GPS/UTM: 49 o N / 119 o W Pictures Y N #: 10+ Land Ownership Crown Private I.R. Other (specify) _Municipal Component /Subcomponent Fuel A B C D E Duff Depth (cm) 1-<2 2-< -<10 10-< Flammable Surface Vegetation Continuity (% cover) Vegetation Fuel Composition Fine Woody Debris Continuity (<7cm) Large Woody Debris Continuity (>7cm) Coniferous Crown Closure (%) Deciduous Crown Closure (%) Conifer Crown Base Height (m) Conifer Ladder Fuels (Stems Per Ha) Continuous Forest Land (ha) Coniferous Forest Health (% cover of polygon) <20 0 Moss, Herbs, Irrigated Crops 1 <1% coverage 1 <1% coverage 0 <20 2 >80 0 +, No Conifers 0 <100 1 <4 1 Standing Dead and Down, no foliage Herbs, Decid Shrubs 2 Scattered, <10% coverage 2 Scattered, <10% coverage Standing Dead and Down, no foliage Levels Lichen, conifer shrubs % coverage 10-2% coverage < Standing Dead and Down, Pinegrass, juniper 4 >0% coverage, < 10 cm deep 7 > 2% coverage, not elevated < Standing Dead and Down with foliage >80 Sagebrush, Bunchgrass, Antelope Brush, Scotch Broom >0% coverage, > 10 cm deep 10 >2% coverage, partially elevated >80 20 <20 10 < 1 10 >600 > Standing Dead and Down with foliage

48 11.2 Fuel Management Prescription - UBCM Grant Application Page 48 of < % 0-0% 4 no foliage >0% foliage <2% 7 2-0% 10 >0% 1 Sub Total 66 /100 Weather A B C D E Biogeoclimatic Zone Historical Wildfire Occurrence (by MoFR Fire Zone) SWB, CWH, MH, AT, Irrigated 1 G, R1, R2, G6, V, R9, V9, V3, R, R8, V7 1 CDF, SBS G3, G8, R3, R4, V6, G1, G9, V8 MS, ESSF, BWBS, SBPS 10 G7, C, G4, C4, V1, C1, N6 10 ICH, IDF 1 K1, K, K3, C2, C3, N, K6, N4, K7, N2 1 BG, PP 20 K2, K4, N1, N7 20 Sub Total 3/40 Topography A B C D E Aspect North 2 Slope (%) <1 1 Terrain Flat 1 East 1-29 Rolling 3 Flat (South exposure) Ridges, shallow gullies West Consistent slope, shallow gully(s) 7 South Consistent slope, deep gullies 10 Sub Total 32/40 Structural A B C D E Position of Structure/ Community to Assessment Area Type of Development No Developments 0 No Structures directly impacted 0 Wildfire Threat Rating Numerical Total = 16 (extreme) Bottom of Slope Perimeter Interface, uphill side Mid-slope, benchland 8 Perimeter Interface, down or side hill 8 Mid-slope, continuous 12 Intermix > 1 structure/ha 12 Upper 1/3 of Slope 1 Intermix <1 structure/ha, Infrastructure 1 Sub Total 23/30 Comments: Extreme Wildfire Threat Class Rating. The assessment area is situated in a shallow gully below several residences on Sunset Court and Taylor Place. Several access points are available off Morrow Avenue, Sunset Court and Summergate Road to the gully bottom. Vehicle access throughout the area is also good. The presence of mountain pine beetle (MPB) has resulted in significant Py mortality with butt rot leading to subsequent blow down. The trails in the unit are frequented by hikers. The forest health issues and blow down are a significant safety hazard.

49 11.2 Fuel Management Prescription - UBCM Grant Application Page 49 of 6 Wildfire Hazard Assessment Report: "Canyon View Lands Wildland Urban Interface Wildfire Hazard Assessment Form Plot # 1 Community: District of Summerland Assessor Andrew Hunsberger Geographic Location/Street Name: Canyon View Road Date January 3 rd, 2012 GPS/UTM: 49 o N / 119 o 41 4 W Pictures Y N #: 10+ Land Ownership Crown Private I.R. Other (specify) _Municipal Component /Subcomponent Fuel A B C D E Duff Depth (cm) 1-<2 2-< -<10 10-< Flammable Surface Vegetation Continuity (% cover) Vegetation Fuel Composition Fine Woody Debris Continuity (<7cm) Large Woody Debris Continuity (>7cm) Coniferous Crown Closure (%) Deciduous Crown Closure (%) Conifer Crown Base Height (m) Conifer Ladder Fuels (Stems Per Ha) Continuous Forest Land (ha) Coniferous Forest Health (% cover of polygon) <20 0 Moss, Herbs, Irrigated Crops 1 <1% coverage 1 <1% coverage 0 <20 2 >80 0 +, No Conifers 0 <100 1 <4 1 Standing Dead and Down, no foliage < % Herbs, Decid Shrubs 2 Scattered, <10% coverage 2 Scattered, <10% coverage Standing Dead and Down, no foliage -0% 4 Levels Lichen, conifer shrubs % coverage 10-2% coverage < Standing Dead and Down, no foliage >0% foliage <2% Pinegrass, juniper 4 >0% coverage, < 10 cm deep 7 > 2% coverage, not elevated < Standing Dead and Down with foliage 2-0% 10 >80 Sagebrush, Bunchgrass, Antelope Brush, Scotch Broom >0% coverage, > 10 cm deep 10 >2% coverage, partially elevated >80 20 <20 10 < 1 10 >600 > Standing Dead and Down with foliage >0% 1 Sub Total 9 /100

50 11.2 Fuel Management Prescription - UBCM Grant Application Page 0 of Weather A B C D E Biogeoclimatic Zone Historical Wildfire Occurrence (by MoFR Fire Zone) SWB, CWH, MH, AT, Irrigated 1 G, R1, R2, G6, V, R9, V9, V3, R, R8, V7 1 CDF, SBS G3, G8, R3, R4, V6, G1, G9, V8 MS, ESSF, BWBS, SBPS 10 G7, C, G4, C4, V1, C1, N6 10 ICH, IDF 1 K1, K, K3, C2, C3, N, K6, N4, K7, N2 1 BG, PP 20 K2, K4, N1, N7 20 Sub Total 3/40 Topography A B C D E Aspect North 2 Slope (%) <1 1 Terrain Flat 1 East 1-29 Rolling 3 Flat (South exposure) Ridges, shallow gullies West Consistent slope, shallow gully(s) 7 South Consistent slope, deep gullies 10 Sub Total 37/40 Structural A B C D E Position of Structure/ Community to Assessment Area Type of Development No Developments 0 No Structures directly impacted 0 Wildfire Threat Rating Numerical Total = 11 (extreme) Bottom of Slope Perimeter Interface, uphill side Mid-slope, benchland 8 Perimeter Interface, down or side hill 8 Mid-slope, continuous 12 Intermix > 1 structure/ha 12 Upper 1/3 of Slope 1 Intermix <1 structure/ha, Infrastructure 1 Sub Total 20/30 Comments: Extreme Wildfire Threat Class Rating. The site consists of steep slopes mixed with large benches leading to Trout Creek. The area consists of young, dense ponderosa pine (Py) patches mixed with mature open Py forest types. Moderate levels of mountain pine beetle (MPB) mortality noted throughout the area. Access is available to the lower slopes off the Canyon View Road through two locked gates. Sandy soil substrates with eroding steep slopes were noted. Homes are situated at the top of the slope along the north edge of the assessed are

51 11.2 Fuel Management Prescription - UBCM Grant Application Page 1 of 6

52 Strategic Wildfire Prevention Initiative Fuel Management Prescription Program Mail: 2 Government Street, Victoria, BC, V8V 0A8 Fax: (20) APPLICATION FORM Updated December 2011 Please type directly in this form or print and complete. Additional space or pages may be used as required. For detailed instructions regarding application requirements please refer to Fuel Management Prescription Program Guide. SECTION 1: APPLICANT INFORMATION Local Government: District of Summerland Date of Application: 22 January 2012 Contact Person*: Ken Ostraat Title: Director of Finance Phone: kostraat@summerland.ca * Contact person must be an authorized representative of the applying local government or First Nation. SECTION 2: PROJECT INFORMATION 1. NAME OF PROJECT: Summerland Interface Fuel Management Projects (Summergate and Canyon View) 2. DESCRIPTION. Please provide a geographic description of the proposed area, including treatment units as identified in the CWPP. Canyon View is located immeidatley south of homes along Canyon View Road and on the steep, southern slope leading down to Trout Creek. Summergate is located within a draw immediately downslope of large, new homes constructed on Summergate Road. Both sites were identified within the CWPPs of both the District of Summerland and the Regional District of Okanagan Similkameen. 3. PROPOSED NUMBER OF HECTARES. Please provide an estimate of the number of hectares to be assessed and considered for prescription. If applicable, please separate hectares on Crown land from hectares on local government land. A maximum total of 2 ha will be reviewed for treatment. 4. MOUNTAIN PINE BEETLE AFFECTED TIMBER. Please indicate if this project includes Mountain Pine Beetle fuel type: Yes No 11.2 Fuel Management Prescription - UBCM Grant Application Page 2 of 6

53 . CURRENT THREAT RATING OF PROPOSED AREA. Please indicate the current threat rating. Please note: Threat Assessment Worksheet must be used (added December 2011). Interface Fuel Hazard assessment were completed for both sites with an Extreme final rating for both sites (Summergate at 14 and Canyon View at 19). 6. OTHER ACTIVITIES. Please describe the extent to which your community is undertaking other wildfire risk mitigation activities, such as FireSmart and other bylaws, access/egress, water supply issue mitigation, public awareness programs, implementation of other non-fuel treatment recommendations identified in a completed CWPP or past fuel management projects (added September 2011). In 2006 the District of Summerland with funding from the UBCM completed a Community Wildfire Protection Plan. The plan identified all areas within the District and assigned each a wildfire risk hazard rating. The District then completed two two fuel modification projects on Municipal lands. The first was conducted by the fire department with assistance from the Wildfire Protection Branch. This project was approximatly 6 hectares in size. Limbing of ladder fuel, spacing of tree stems and a surface burn were conducted on the property. The second project, again with the assistance of the Wildfire Protection branch was conducted on a 16 hectare parcel of Municipal property. Limbing and spacing of tree stems was conducted. This project received grant approval from the UBCM. Due to extenuating circumstances and open burning restrictions, completion of the project took an extended period of time to complete. This project was completed in 2009 however a final report was not submitted to the UBCM until The District of Summerland has also outlined the wildfire hazard risk in the Official Community Plan. The plan requires that any new developments located within the wildfire hazard zone must complete a wildfire risk assesment and conduct fuel modification recommendations in accordance with the FireSmart manual prior to final development approval. The Summerland Fire Department also conducts bi-annual door to door visits to all residences located within the high and extreme wildfire hazard zones. FireSmart documentation and personal wildfire self assesment forms are distributed. Residents are encouraged to to follow the recommendations outlined in the distributed material. The Fire Department also conducts individual site visits and assesment upon request. The District has an Open Air Burning Bylaw in place. The bylaw prohibits burning on properties less than 1 hectare in size and only permits burning on days identified as "Good Burning Days" by the Ministry of Environment. A domestic water pump house equipped with back up electrical generation was recently installed in an identified wildfire hazard zone. This pump house was an upgrade to the existing domestic system and was installed for the primary purpose of supplying fire flow demands to fire hydrants in this zone. 7. REVIEW OF APPLICATION. Was this application reviewed by a Wildfire Management Branch Fuels Management Specialist prior to submission? Yes No Did any other Ministry or organization review the application prior to submission? If yes, please describe: Not applicable. All lands are District owned Fuel Management Prescription - UBCM Grant Application Page 3 of 6

54 8. CONSULTANT INFORMATION. If a consultant is being utilized to do some or all of the work, please describe how you will select a qualified individual. If possible, please include the name(s) of the consultant(s): Valhalla Environemental Consulting is very familiar with these two project locations having assessed them during the development of the local CWPP. Additionally, Valhalla has extensive experience developing prescriptions in the Summerland area. Prescription Consultant: John Davies, RPF, Valhalla Environement Consulting Inc GIS Consultant: Nick Zuckanovic, Geographica Group (for needs beyond the capacity of Valhalla) 9. COUNCIL/BOARD RESOLUTION. The local government resolution must indicate support for the development of a fuel management prescription and indicate willingness to provide overall grant management. Please include the complete resolution below (or as an attachment) and identify the resolution number and date of Council/Board meeting when the resolution was approved. Please see the attached document. Eligible activities and costs are outlined in Section 4 of the Program & Application Guide. In Section 3 below, please include all proposed eligible costs for the development of your prescription. SECTION 3: PROPOSED ACTIVITIES & COSTS Activity Proposed Cost Evaluation of the site(s) and inventory of stand structure $2,83.00 Assessment(s) that are directly related to the resource values affected by the prescription within the proposed area $1, Production of prescription, maps and spatial data $3, Lay out and traversing of treatment area(s) in the field $1, Staff and contractor costs directly related to the development of a fuel management prescription. Please describe: Presentation to council and assistance with the preparation of media release and public information Local government administration costs directly related to the development of a fuel management prescription. Please describe: Planning, consultation with stakeholders and public information directly related to the development of a fuel management prescription. Please describe: Public meeting or information session. $70.00 $ $ Other proposed activities. Please describe: $ Total Proposed Costs: $11,93.00 The Fuel Management Prescription program can contribute a maximum of 7% of the cost of eligible activities and the remainder (2%) is required to be funded through community contributions. Total Grant Requested (7% of total cost): $8, Fuel Management Prescription - UBCM Grant Application Page 4 of 6

55 Please note that you will be required to provide detailed information on the community contribution in the final report. This includes information on contributions from other grant programs. If information is available now, please complete Section 4 below: SECTION 4: OTHER GRANTS Grant(s) Description: Estimated Grant Value $ SECTION : SIGNATURE (To be signed by Local Government Applicant) I certify that the area covered by the proposed prescription: (1) is not scheduled for development; (2) is not scheduled for sale; and (3) is within the jurisdiction of the local government (or appropriate approvals are in place) Signature: Name & Title: The Application Form must be completed in full and signed by the local government. Applications should be submitted as Word or PDF documents and should be ed to lgps@ubcm.ca with the required attachments. In addition to the Application Form, the following separate attachments are required to be submitted as part of your application: Council or Board resolution indicating support for the proposed activities and willingness to provide overall grant management (if not included in the application form) Maps and photos that clearly identify the area(s) that are the subject of the application If not UBCM funded, a copy of the completed CWPP for the proposed area. If UBCM funded, the CWPP final report must be completed, submitted and approved (added September 2011) Fuel Management Prescription - UBCM Grant Application Page of 6

56 TO: FROM: DATE: MEMORANDUMM Mayor and Council Ken Ostraat, Director of Finance January 17, 2012 FINANCE DEPARTMENT P.O. Box 19 Summerland, B.C. V0H 1Z0 Phone FAX SUBJECT: Sale of Lot A Plan B6323 located at 277 Solly Road Recommendation: That Council approve the sale of Lot A Plan B6323 to the owners of 2777 Solly Road for $13,9000 on the condition that this lot be consolidated with the purchasers lot and that the purchaser will be responsible for all legal and survey costs. Background: Council authorized moving forward with the process for disposing of a small piece of land located on the corner of the property located at 277 Solly Road. Part of the public disclosure requirements of the Community Charter is that the municipality advertisee the details of the land sale twice in the local newspaper asking for comments. The municipality made the two required advertisements and we did not receivee any comments from the public. Discussion: The requirements for the land sale to be completed have now been met and staff wishes to completee the sale of Lot A Plan B6323 to the owners of 277 Solly Road for $13,,900. The sale is conditional on the lot being consolidatedd with the lot at 277 Solly Road and the purchaser being responsiblee for all legal and survey costs. Options: 1. Council could approve the sale of Lot A Plann B6323 to the owners of 277 Solly Road for $ 13,900 on the condition that this lot be consolidated with the purchasers lot and that the purchaser will be responsible for all legal and survey costs. 2. Council could deny the sale of the property. Respectfully submitted, K.M. Ostraat, C.A Report from Director of Finance re Sale of Lot A, Plan B6323 located at 277 Solly Road Page 6 of 6