public hearing agenda€¦ · regional district of north okanagan bylaw no. 2458 a bylaw to amend...

REGIONAL DISTRICT OF NORTH OKANAGAN

BOARD of DIRECTORS MEETING Wednesday, October 20, 2010

4:00 pm

PUBLIC HEARING AGENDA

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

1. RAILWAYS (Transportation Corridors) Electoral Area “F” (10-0508-F-OCP) - Staff report dated September 20, 2010

Bylaw 2458, 2010 – Electoral Area “F” Official Community Plan Amendment Purpose: To amend Schedules “A” and “B” of Electoral Area “F” Official Community Plan Designation Bylaw No. 1934, 2004 by designating the Canadian Pacific railway corridor as a transportation corridor.

C. PUBLIC PRESENTATIONS D. CLOSE PUBLIC HEARING

REGIONAL DISTRICT

of NORTH OKANAGAN

REPORT

File No.: 10-0508-F-OCP

RECOMMENDATION: That following consideration of comments received at the Public Hearing, Electoral Area “F” Official Community Plan Amendment Bylaw No. 2458, 2010 which proposes to amend Schedules “A” and “B” of Electoral Area “F” Official Community Plan Designation Bylaw No. 1934, 2004 by designating the Canadian Pacific railway corridor as a transportation corridor be considered for Third Reading. BACKGROUND: At the Regular Meeting of August 4, 2010, the Board of Directors gave First and Second Readings to Electoral Area “F” Official Community Plan Amendment Bylaw No. 2458, 2010 which proposes to amend the Electoral Area “F” Official Community Plan by designating the Canadian Pacific railway corridor between the City of Enderby and Mara Lake as a transportation corridor. The Board also resolved to forward Bylaw No. 2458 to a Public Hearing and to refer the Bylaw for consultation with various organizations and authorities in accordance with Sections 879, 881 and 882 of the Local Government Act. REFERRAL COMMENTS: On August 9, 2010, Electoral Area “F” OCP Amendment Bylaw No. 2458 was referred for comments to the following in accordance with the above noted Board resolution and Sections 879, 881 and 882 of the Local Government Act:

- Okanagan Indian Band - Splatsin Nation - School District No. 83 - Agricultural Land Commission - Columbia Shuswap Regional District - City of Enderby - Township of Spallumcheen - Ministry of Community and Rural Development - Ministry of Transportation and Infrastructure - Ministry of Environment - Ministry of Forests and Range - Ministry of Agriculture and Lands

TO: Board of Directors

FROM: Deputy Planning Manager

DATE: September 20, 2010

SUBJECT: Electoral Area "F" Official Community Plan Amendment Bylaw No. 2458, 2010 [Transportation Corridors]

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BOARD of DIRECTORS - PUBLIC HEARING

October 20, 2010 - Item B.1

Electoral Area "F" OCP Amendment Bylaw No. 2458, 2010 [Transportation Corridors] Report to Board of Directors – September 20, 2010 Page 2 On August 18, 2010, the Ministry of Community and Rural Development provided the following comments:

Due to our role in the bylaw approval process, the Ministry does not generally offer comments at the referral stage. However, we would like to provide you with some considerations that may facilitate your future request for the Minister of Community and Rural Development’s approval: Please ensure that you have referred this bylaw to the appropriate ministries and agencies

and that you provide a record of the results of your referral efforts with your bylaw submission.

The information you provide with your bylaw approval request will be reviewed for First Nations consultation. The Ministry recently sent the Interim Guide to First Nations Engagement on Local Government Statutory Approvals (Guide) to all local governments, which I have attached for your reference.

You may also wish to consider the commitment your regional district has made by signing Climate Action Charter, specifically in the area of developing compact, complete communities. If this is an OCP update or amendment, please ensure that the bylaw meets the requirements of section 877(3)—targets for the reduction of green house gas emissions.

Finally, prior to submitting your bylaw for approval, you may also wish to review the legislation and the related exemption regulation to ensure that Ministerial approval is needed.

On August 19, 2010, the Ministry of Environment provided the following comments:

Please refer to Develop with Care: Environmental Guidelines for Urban and Rural Land Development. It is the proponents responsibility to ensure their activities are in compliance with all relevant legislation.

On August 30, 2010, the Agricultural Land Commission provided the following comments:

The Commission would have no objection to the proposed Schedule A, with the exception of 4/3 (located at the bottom of the page). It is noted that transportation corridors, if not required for railway purposes shall be preserved for future mobility....... As in section 3/1 it is suggested that the same qualification be provided, because the potential impacts of railway lines as linear trails can have significant impacts on adjoining farm operation. Without fencing, signage, parking, litter control these types of linear parks can have potential to significantly affect farm operations. The following wording (or similar) is offered:

“the use of decommissioned railway rights of way as linear public trails within the ALR is not necessarily endorsed by the Agricultural Land Commission. The construction, upgrading and/or dedication of these linear parks may not proceed without the approval of the Commission.”

On September 3, 2010, the Ministry of Agriculture and Lands provided the following comments:

Although the Ministry of Agriculture & Lands is supportive of the transportation corridor proposed in this OCP amendment we recognize that if the railway line is not used for trains there could be some potential impacts to agriculture from the recreational use of this corridor. You are probably already aware of our ministry’s trail guide publication that is intended to guide trail development so it is compatible with farming and ranching activities.

No other comments were received in response to the referral.

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REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW NO. 2458

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 to 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 considers it desirable and expedient to amend “Electoral Area “F” Official Community Plan Designation Bylaw No. 1934, 2004” and amendments thereto. NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled, hereby ENACTS AS FOLLOWS: GENERAL

1. This Bylaw may be cited as “Electoral Area “F” Official Community Plan Amendment Bylaw No. 2458, 2010”.

2. Schedules “A” and “B” of Electoral Area “F” Official Community Plan Designation Bylaw No. 1934, 2004 are hereby amended as outlined in Schedules “A” and “B” attached to and forming part of this bylaw.

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Bylaw No. 2458, 2010 Page 2 Read a FIRST time this 4th day of August , 2010 Bylaw 2458 considered in conjunction with the Regional District Financial Plan and

Waste Management Plan this 4th day of August , 2010.

Read a SECOND time this 4th day of August , 2010 Advertised on the 13th day of October , 2010, and the 15th day of October , 2010 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act on the 20th day of October , 2010 Read a THIRD time this day of , 2010 Received the approval of the Minister of Community and Rural Development pursuant to Section 882 of the Local Government Act this day of , 2010 Approval No.

Minister of Community and Rural Development

Reconsidered, Finally Passed and ADOPTED this day of , 2010

CHAIR CORPORATE OFFICER

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SCHEDULE “A” attached to and forming part of Electoral Area “F” Official Community Plan Amendment Bylaw No. 2458, 2010

1. Schedule “B”, Mapsheets F.1 through F.4 of Electoral Area “F” Official Community Plan Designation Bylaw No. 1934, 2004 are hereby amended by identifying and designating all rail lines as transportation corridors, as shown on Schedule “B” attached to and forming part of Electoral Area “F” Official Community Plan Amendment Bylaw No. 2458, 2010.

2. Schedule “A” of Electoral Area “F” Official Community Plan Designation Bylaw

No. 1934, 2004, Section XII. Transportation B. Railways of is hereby replaced as follows:

The Canadian Pacific Railway branch line from Sicamous to Vernon and Kelowna goes through that part of the Community Plan area between Mara Lake and Enderby, as shown on Schedule “B” and is designated as a transportation corridor. This line is operating effectively, and there is no apparent limitation to a substantial increase in traffic if higher energy costs divert shipments from the highways to the railways. The railways have strong protection in both federal and provincial statutes, and no additional protective measures are required for their operation.


No. 1934, 2004, Section XII. Transportation B. Railways, Policies 1 through 2 of is hereby replaced as follows:

1. The existing and proposed major roads designated on Schedule "B", along

with railways identified and designated on Schedule “B” as transportation corridors, are endorsed as the long term major routes for movement of traffic. Major roads and shall have a minimum width of 25 metres. The location of these routes within the Agricultural Land Reserve is not to be construed as having the endorsement of the Agricultural Land Commission. The construction, upgrading, or dedication of these routes may not proceed without the approval of the Commission.

2. The function of Highways No. 97A and 97B as major trunk highways, and

railways as transportation corridors shall be maintained, and a right-of-way of sufficient width shall be allowed for this function is supported as an objective of the Regional District to support the Regional District’s objective of preservation of unbroken transportation corridors for future use. In this regard the “Okanagan Valley Transportation Corridor” study covering the Okanagan Similkameen, Central Okanagan and North Okanagan Regional Districts has now been completed and the document will be used for future planning reference purposes through the Community Plan area.


No. 1934, 2004, is hereby amended by adding Section XII. Transportation B. Railways, Policies 3 as follows:

3. Transportation corridors, if not required as right-of-ways for rail purposes,

shall be preserved for future mobility, which includes cycle routes, trails and other uses that complement the primary transportation function.

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public hearing agenda€¦ · regional district of north okanagan bylaw no. 2458 a bylaw to amend...

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