public hearing agenda · board of directors - public hearing agenda june 17, 2015 - item b.1 ......

REGIONAL DISTRICT OF NORTH OKANAGAN BOARD of DIRECTORS MEETING

Wednesday, June 17, 2015 4:00 pm

PUBLIC HEARING AGENDA

A. CALL PUBLIC HEARING TO ORDER

B. INTRODUCTION OF BYLAW 1. Bylaw 2636 – Electoral Area “D” and “E” Official Community Plan Amendment

Bylaw 2637 – Rezoning LEITRIM CONTRACTING LTD. c/o O’ROURKE [File No. 14-0088-D-OR] – Staff report dated June 5, 2015

Bylaw 2636 – Electoral Area “D” and “E” Official Community Plan Amendment Purpose: A bylaw to change the land use designation of a +1.48 ha portion of the property legally described as District Lot 628, ODYD, and located at 1021 Trinity Valley Road, Electoral Area “D” from Large Holdings and Agricultural to Commercial. Bylaw 2637 – Rezoning Purpose: A bylaw to rezone a +1.48 ha portion of the property legally described as District Lot 628, ODYD, and located at 1021 Trinity Valley Road, Electoral Area “D” from the Large Holding (L.H) Zone to the Recreation Commercial (C.5) Zone.

C. PUBLIC PRESENTATIONS D. CLOSE PUBLIC HEARING

REGIONAL DISTRICT

of NORTH OKANAGAN

REPORT

File No.: 14-0088-D-OR

RECOMMENDATION: That following consideration of comments received at the Public Hearing, Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2636, 2014 which proposes to change the land use designation of a +1.48 ha portion of the property legally described as District Lot 628, ODYD, and located at 1021 Trinity Valley Road, Electoral Area “D” from Large Holdings and Agricultural to Commercial be given Third Reading; and further, That following consideration of comments received at the Public Hearing, Rezoning Bylaw No. 2637, 2014 which proposes to rezone a +1.48 ha portion of the property legally described as District Lot 628, ODYD, and located at 1021 Trinity Valley Road, Electoral Area “D” from the Large Holding (L.H) Zone to the Recreation Commercial (C.5) Zone be given Third Reading. BACKGROUND: This report relates to an application to amend the Official Community Plan (OCP) land use designation of a +1.48 ha portion of the property located at 1021 Trinity Valley Road from Large Holdings and Agricultural to Commercial and to rezone that same +1.48 ha portion of the property from Large Holding (L.H) to Recreation Commercial (C.5). If approved, the applicant proposes to develop a private long range shooting facility including a parking area and a building that would contain six (6) shooting stations. The application was considered by the Board of Directors at the Regular Meeting held on July 16, 2014 at which time the Board gave First Reading to the OCP and Zoning Amendment Bylaws. The Board also resolved that a Public Hearing for the OCP and Zoning Amendment Bylaws associated with the application not be held until: 1. the Regional District receives comments on the proposed development from the Royal Canadian

Mounted Police; and 2. testing of the sound levels emitted by firearms typical of those to be utilized at the shooting range

has been undertaken by the applicant in consultation with Regional District staff to determine sound levels measured at varying distances from the point of discharge; and

3. the applicant has held a Public Information Meeting in accordance with the Public Information Meeting Guide.

TO: Board of Directors FROM: Planning Department DATE: June 5, 2015

SUBJECT: Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637 [Leitrim Contracting Ltd. c/o O’Rourke]

BOARD of DIRECTORS - PUBLIC HEARING AGENDA June 17, 2015 - Item B.1

Page 1 of 16

Electoral Areas “D” and “E” Official Community Plan Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637 (Leitrim Contracting Ltd. c/o O’Rourke) Report to Board of Directors – June 5, 2015 Page 2 The Board also resolved that Final Adoption of the Bylaws be withheld until: 1. a covenant has been registered on the title of the subject property that would restrict the use of the

proposed Recreation Commercial (C.5) zoned area to that of a shooting range facility, including a shooting range, shooting building, parking area, cabins and office; and

2. the Regional District receives notification that the proposed shooting range facility conforms with Sections 4(2) or 4(3) of the Riparian Areas Regulation.

In follow up to the Board’s direction the applicant submitted information in response to the requirements of the Board’s July 16, 2014 resolution. At the Regular Meeting of the Board of Directors held on May 5, 2015, the Board gave Second Reading to Electoral Areas “D” and “E” OCP Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637. The Board also resolved that a Public Hearing for Bylaw Nos. 2636 and 2637 be withheld until testing of sound levels emitted by firearms typical of those to be utilized at the shooting range has been undertaken by the applicant and Regional District staff utilizing the Regional District’s sound level meter. The Board further resolved that Final Adoption of the Bylaws be withheld until: 1. a covenant has been registered on the title of the subject property that would restrict the use of the


2. the Regional District receives notification that the proposed shooting range facility conforms with Sections 4(2) or 4(3) of the Riparian Areas Regulation; and

3. the Regional District receives confirmation that the RCMP have conducted a follow-up inspection and granted approval for the proposed shooting range.

Sound Level Tests In follow up to the Board’s direction, staff completed a site inspection and took sound measurements on May 18, 2015. A report regarding the results of the sound levels was provided to the Board at the Regular Meeting of June 3, 2015. The report summarized staff’s confirmation that sound levels emitted by firearms used at the proposed shooting range are below the permitted sound levels listed in RDNO Noise Regulation Bylaw No. 2581. The Board resolved to receive the report for information. After the sound testing was conducted and prior to the date of this report, the Planning Department received three emails from property owners in the vicinity of Trinity Valley Road requesting information about the above noted sound tests. In response, the Planning Department advised the property owners that there will be a Public Hearing for the proposed gun range on June 17, 2015 at 4:00 pm in the Boardroom at the Regional District Office and that the Public Hearing will be advertised in the Morning Star issues of June 10 and 12 and in the Lumby Valley Times issue of June 12. The owners were advised that they could have their letters submitted for the Public Hearing record or they could resubmit a different letter or attend and speak at the Public Hearing. The owners were also provided a copy of the above noted report regarding the results of the sound levels. DISCUSSION: The applicant has submitted a Development Notification Certificate which confirms that on June 1, 2015, a Development Notice was 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 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.


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Page 3 of 16

Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637 (Leitrim Contracting Ltd. c/o O'Rourke) Report to Board of Directors - June 5, 2015 Page 3

As the applicant has satisfied all conditions required to be met priqr to a. Public Hearing, it is recommended following consideration of comments received at the Public Hearing, Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2636, 2014 and Rezoning Bylaw No. 2637 be given Third Reading. In regards to the conditions of Final Adoption it is noted that the Regional District has received notification that the proposed shooting range facility conforms with Sections 4(2) or 4(3) of the Riparian Areas Regulation. In accordance with the above noted Board resolutions, Final Adopted will be withheld until: 1. a covenant has been registered on the title of the subject property that would restrict the use of the

proposed Recreation Commercial (C.5) zoned area to that of a shooting range facility, including a shooting range, shooting building , parking area, cabins and office; and


SUMMARY:

This report relates to an application to change the Official Community Plan (OCP) land use designation of a ±1.48 ha portion of the property located at 1021 Trinity Valley Road from Large Holdings and Agricultural to Commercial and to change the zoning of that portion of the subject property from Large Holding (L.H) Zone to the Recreation Commercial (C.5) Zone to facilitate development of a long range shooting facility including a parking area and a building that would house six (6) shooting stations.

As the applicant has satisfied all conditions required to be met prior to a Public Hearing, it is recommended that following consideration of comments received at the Public Hearing, Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2636, 2014 and Rezoning Bylaw No. 2637 be given Third Reading and that in accordance with the Board's previous resolutions, Final Adopted be withheld until: 1. a covenant has been registered on the title of the subject property that would restrict the use of the



Submitted by: Reviewed by:

er

Endorsed by:

)

Rob Smailes, MCIP, RPP /--=--<.c:::~;:"'~/- =t-7+:-"~-r.-'-----------( David.Se

General Manager, Planning and Building ~ Chief Admi

REGIONAL DISTRICT

of NORTH OKANAGAN

REPORT

File No.: 4000.10

RECOMMENDATION: That the report dated May 20, 2015 from the Bylaw Enforcement Officer regarding a Sound Assessment of the proposed shooting range located at 1021 Trinity Valley Road, Electoral Area “D” be received for information. BACKGROUND/HISTORY: Electoral Areas “D” and “E” OCP Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637 At the Regular Meeting of May 6, 2015, the Board gave Second Reading to Electoral Areas “D” and “E” OCP Amendment Bylaw No. 2636 which proposes to amend the land use designation of a +1.48 ha portion of the above noted property on the Electoral Areas “D” and “E” Official Community Plan from Large Holdings and Agricultural to Commercial. At that same meeting, Second Reading was also given to Rezoning Bylaw No. 2637 which proposes to rezone the same portion of the above noted property from the Large Holdings Zone [L.H] to the Recreation Commercial Zone [C.5]. The Board also passed the following resolution:

That a Public Hearing for Bylaw Nos. 2636 and 2637 be withheld until testing of sound levels emitted by firearms typical of those to be utilized at the shooting range has been undertaken by the applicant and Regional District staff utilizing the Regional District’s sound level meter.

This report is intended to provide the Board with the results of the sound level tests. Noise Regulation Bylaw Regional District of North Okanagan (RDNO) Noise Regulation Bylaw No. 2581, 2013 was adopted on November 20, 2013. On January 15, 2014 the RDNO received delivery of a Larson Davis SoundTrack LxT Sound Level Meter Kit, an approved sound meter as defined in the RDNO Noise Regulation Bylaw No. 2581, 2013. On March 17, 2014, RDNO staff was trained in the operation of the Larson Davis SoundTrack LxT.

TO: Board of Directors

FROM: John Friesen, Bylaw Enforcement Officer

DATE: May 20, 2015

SUBJECT: Sound Level Tests – Proposed Shooting Range – 1021 Trinity Valley Road, Electoral Area “D”


Page 4 of 16

Sound Level Tests – Proposed Shooting Range – 1021 Trinity Valley Road, Electoral Area “D” Report to Board of Directors – May 20, 2015 Page 2 DISCUSSION: On May 18, 2015, RDNO staff attended the proposed shooting range to take sound level measurements. The sound level measurements were taken from 12:00 noon to approximately 1:30 pm. The weather was sunny with a temperature of 23 oC and gusty winds ranging from 6 to 12 km/hr. To test the sound levels, six shooters were set up at six stations within the shooting range building. Test #1 was taken near the shooting range building where six shots were taken. Attached is a map showing the location of each sound level test. During each of the following four sound level tests taken from pre-determined locations, each shooter took two shots. This resulted in twelve shots fired during sound level tests 2 to 5. Each sound level test took approximately one minute. Below is a list of firearms used during the sound level tests.

Sound Level Test – Shooters and Rifles Proposed Shooting Range – 1021 Trinity Valley Road

Number of Shots

Shooter Caliber Test 1 Test 2 Test 3 Test 4 Test 5

1 7 mm 1 2 2 2 2

2 .270 1 2 2 2 2

3 .270 1 2 2 2 2

4 .223 1 2 2 2 2

5 .308 1 2 2 2 2

6 6 mm 1 2 2 2 2

TOTAL 6 12 12 12 12

Sound level test locations were pre-determined and based on staff discussions and input from local citizens that expressed concerns about the shooting range. Below is a list of sound level test locations.

Sound Level Test Locations Proposed Shooting Range - 1021 Trinity Valley Road

TEST Location UTM

1 Shooting Range Building 364814 5584020

2 East end of McQuinna Rd 362948 5582596

3 Gravel Pit just north of 1366 Trinity Valley Rd 362805 5584012

4 Lossie FSR approx. 60 meters north of Bobbie Burns Road

362775 5587241

5 Conn FSR approx. 500 meters south of Bobbie Burns Road

366010 5587317


Page 5 of 16

Sound Level Tests – Proposed Shooting Range – 1021 Trinity Valley Road, Electoral Area “D” Report to Board of Directors – May 20, 2015 Page 3 During each sound level test, sound was measured with an approved sound meter over a time interval of approximately one minute. This is consistent with Noise Regulation Bylaw No. 2581, 2013. The sound level meter was mounted on a tripod between 1.2 to 1.5 meters above the ground and at least 3 meters from reflecting surfaces such as building, walls, parked vehicles and billboards. The sound level meter was calibrated immediately before test #1 and test #3. Leq or “equivalent continuous sound pressure level” means that constant or steady sound level, averaged over a specified time period. The Leq noise or equivalent continuous noise level meter follows all the fluctuations, stores them in it’s memory and at the end of the measurement calculates an “average energy” or Leq value.

Sound Level Test Results Proposed Shooting Range – 1021 Trinity Valley Road

Test Duration (min.) Leq Comments

1 1:00.4 43.0 dBA Six shots per minute.

2 1:02.0 39.3 dBA

3 1:00.4 52.9 dBA Head rig from sawmill was operating, no gun shots registered on sound meter.

4 0:55.2 41.5 dBA Jet flew over and crow was cawing.

5 0:52.2 40.6 dBA Birds

6 1:01.1 34.1 dBA Ambient Sound at Test #5 location.

During sound level test #3 the only sound measured was the sound generated by the head rig located at 1329 Trinity Valley Road. The rifle shots could not be detected on the sound meter due to the sound level generated by the sawmill. During sound level test #4 the sound measurements were influenced by a jet and cawing crow. Some examples of noise sources with a decibel level of 40 dBA are libraries, bird calls and urban ambient sound. Sleep disruption may begin at 30 dBA. The proposed zoning for the proposed shooting range is Recreation Commercial Zone (C.5) which is an Intermediate Sound Source Zone. The surrounding properties are within the Quiet Sound Receiver Zone. The following table shows the permitted sound level ratings by zones.


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Page 7 of 16

Sound Level Tests- Proposed Shooting Range- 1021 Trinity Valley Road, Electoral Area "D" Report to Board of Directors- May 20, 2015

SUMMARY OF PERMITTED OUTDOOR SOUND LEVELS BY ZONE Noise Regulation Bylaw No. 2581, 2013

Sound Receiver Zone

Quiet Intermediate Activity

Day Night Day Night Day Night

55 dBA 45 dBA 60dBA 50dBA 70dBA 70 dBA Quiet

65dBC 55dBC 70dBC 60 dBC 80 dBC 80 dBC

Sound 60dBA 50 dBA 60dBA 50dBA 70 dBA 70dBA Source Intermediate

70dBC 60dBC 80dBC 80 dBC Zone 70 dBC 60 dBC

60 dBA 50 dBA 65dBA 55 dBA 70 dBA 70dBA Activity

70dBC 60 dBC 75 dBC 65 dBC 80 dBC 80dBC

Page4

The sound measurements taken on May 18, 2015 confirm that the sound levels emitted by firearms used at the proposed shooting range are below the permitted sound levels listed in RONO Noise Regulation Bylaw No. 2581, 2013. According to the applicant, the firearms used during the sound level tests are typical of those to be utilized at the proposed shooting range.

Public Hearing- Electoral Areas "D" and "E" OCP Amendment Bylaw No. 2636 and Rezoning Bylaw No. 2637

Following the site visit of May 18, 2015, staff sent the applicant a letter on May 20, 2015 advising the applicant and the above noted Bylaws may now be forwarded to a Public Hearing. In order to advance the Bylaws to a Public Hearing, the applicant is now required to post a notice on the subject property. The specifications for this notice were also provided to the applicant. As of the date of this report, a Public Hearing has not yet been scheduled.

SUMMARY:

At the Regular Meeting of May 6, 2015, the Board directed staff to test sound levels emitted by firearms typical of those to be utilized at the proposed shooting range located at 1021 Trinity Valley Road, Electoral Area "D" and to prepare a report showing the results of the test. Staff have prepared the requested report and recommend the report be received for information.

Submitted by:

John Friesen Bylaw Enforcement Officer

Endorsed by:

~

Reviewed by:

fiAA GregR~y \ Deputy Planning Manager

r ( A-pproved or Inclusion:

)

Proposed Shooting Range Sound Level Test Sites - May 18, 2015

This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not be

accurate, current, or otherwise reliable.

© Regional District of North Okanagan

1,270.0

THIS MAP IS NOT TO BE USED FOR NAVIGATIONNAD_1983_UTM_Zone_11N

Meters0 1,270.0635.00

5/22/2015 8:26 AMDate and Time Printed:

1: 25,000


Page 8 of 16

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ELECTORAL AREA "D" OCP/REZONING APPLICATION

SUBJECT PROPERTY MAP File: 14-0088-D-OR Applicant: Leitrim Contracting Ltd. (O’Rourke) Location: 1021 Trinity Valley Road


Page 9 of 16


Page 10 of 16

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REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2636

A bylaw to amend Electoral Areas "D" and "E" Official Community Plan Bylaw No. 2485, 2011 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 Areas "D" and "E" Official Community Plan Designation Bylaw No. 2485, 2011” 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 is desirable and expedient to amend “Electoral Areas "D" and "E" Official Community Plan Bylaw No. 2485, 2011” and amendments thereto. NOW THEREFORE, the Board of the Regional District of North Okanagan, in open meeting assembled, enacts as follows: GENERAL

1. This Bylaw may be cited as “Electoral Areas "D" and "E" Official Community Plan Amendment Bylaw No. 2636, 2014”.

2. The Official Community Plan marked Schedule “B”, attached to and forming part of the

Electoral Areas "D" and "E" Official Community Plan Bylaw No. 2485, 2011 and amendments thereto is amended by changing the land use designation of a portion of the property legally described as District Lot 628, ODYD and located at 1021 Trinity Valley Road, Electoral Area "D" from Large Holding and Agricultural to Commercial as shown on the attached Schedule 'A'.

Read a First Time this 16th day of July, 2014 Bylaw 2636 considered in conjunction with the Regional District Financial Plan and Waste Management Plan

this 16th day of July, 2014

Read a Second Time this 6th day of May,2015


Page 11 of 16

Bylaw No. 2636, 2014 Page 2 Advertised on this 10th day of June, 2015 this 12th day of June, 2015 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act on

this 17th day of June,2015

Read a Third Time

this day of , 2015

ADOPTED this day of , 2015

Chair Deputy Corporate Officer


Page 12 of 16

D.L. 629

D.L. 628

D.L. 1181

D.L. 4275

B.C. H

YDR

O

D.L. 628

D.L. 4276

D.L. 4257

129.500ha

64.750ha

129.500ha

E1/2

SCHEDULE "A" to accompany the Regional District of North Okanagan "Electoral Areas "D" and "E" Offical Community Plan Amendment Bylaw No.2636, 2014"

Area redesignated from Large Holding and Agricultural to Commercial shown .....

I hereby certify this to be a true and correct copy of SCHEDULE "A" attached to and forming part of the Regional District of North Okanagan "Electoral Areas "D" and "E" Offical Community Plan Amendment Bylaw No.2636, 2014"

Dated at Coldstream, BC this _______ day of __________________ , 2014

__________________________Corporate Officer

1:10,000


Page 13 of 16

REGIONAL DISTRICT OF NORTH OKANAGAN

BYLAW No. 2637

A bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 to change a zone designation

WHEREAS pursuant to Section 903 [Zoning bylaws] 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, divide the whole or part of the Regional District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones; AND WHEREAS the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 1888, being the “Regional District of North Okanagan Zoning Bylaw No. 1888, 2003” and amendments thereto; 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 a Zoning Bylaw and must consider every application for an amendment to the bylaw; 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 has received an application to rezone property; NOW THEREFORE, the Board of Directors of the Regional District of North Okanagan, in open meeting assembled, enacts as follows:

A. CITATION

This Bylaw may be cited as “Rezoning Bylaw No. 2637, 2014”.

B. AMENDMENTS

1. The Regional District of North Okanagan Zoning Bylaw No. 1888, 2003 is hereby amended by changing the zoning of a portion of the property legally described as District Lot 628, ODYD and located at 1021 Trinity Valley Road, Electoral Area "D" from the Large Holding Zone [L.H] to the Recreation Commercial Zone [C.5] as shown on the attached Schedule 'A'.

2. That the Zoning Map, being Schedule “A” to Zoning Bylaw No. 1888, 2003 be amended

accordingly. Read a First Time this 16th day of July, 2014


Page 14 of 16

Read a Second Time this 6th day of May, 2015 Advertised on this 10th day of June, 2015 this 12th day of June, 2015 Public Hearing held pursuant to the provisions of Section 890 of the Local Government Act

this 17th day of June, 2015

Read a Third Time this day of , 2015 ADOPTED this day of , 2015

Chair Deputy Corporate Officer


Page 15 of 16

D.L. 629

D.L. 628

D.L. 1181

D.L. 628

D.L. 4276

D.L. 4257

129.500ha

64.750ha

129.500ha

E1/2

SCHEDULE "A" to accompany the Regional District of North Okanagan "Rezoning Bylaw No.2637, 2014"

Area redesignated from Large Holding Zone[LH[ to Recreation Commercial Zone [C.5] shown .....

I hereby certify this to be a true and correct copy of SCHEDULE "A" attached to and forming part of the Regional District of North Okanagan "Rezoning Bylaw No.2637, 2014"

Dated at Coldstream, BC this _______ day of __________________ , 2014

__________________________Corporate Officer

1:10,000


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public hearing agenda · board of directors - public hearing agenda june 17, 2015 - item b.1 ......

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